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2019 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Chapter 310-B - State Licensed or Certified Real Estate Appraisers
Section 310-B:18 - Disciplinary Proceedings.
Universal Citation: NH Rev Stat § 310-B:18 (2019)
310-B:18 Disciplinary Proceedings. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed or certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) Procuring or attempting to procure a license or certificate pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for license or certification or through any form of fraud or misrepresentation.
(b) Failing to meet the minimum qualifications established by this chapter.
(c) Paying compensation, including money or any other thing of value, other than as provided for by this chapter, to any member of or employee of the board to procure a license or certificate under this chapter.
(d) A conviction of a crime which is substantially related to the qualifications, functions, and duties of a person developing real estate appraisals and communicating real estate appraisals to others.
(e) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the license or certificate holder or another person or with the intent to substantially injure another person.
(f) Violation of any of the standards for the development or communication of real estate appraisals as provided in this chapter.
(g) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal.
(h) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal, as determined by the board.
(i) Disregarding or violating any of the provisions of this chapter or the rules adopted by the board for the administration and enforcement of this chapter.
(j) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment.
(k) Violating the confidential nature of governmental records to which he or she gained access through employment or engagement as an appraiser by a governmental agency.
III. The board, upon making an affirmative finding under paragraph II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license or certification, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license or certificate.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed appraiser for a period of time specified by the board.
(f) By assessing a fine of not more than $2,000 per violation or, in the case of a continuing violation, $100 for each day the violation continues, whichever would be greater.
(g) By taking any combination of the preceding actions, relating to any real estate appraiser, in accordance with the provisions of this chapter.
IV. The board may dismiss a complaint if the investigation shows the allegations to be without basis in law or fact or if the undisputed allegations do not warrant disciplinary proceedings.
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed or certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) Procuring or attempting to procure a license or certificate pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for license or certification or through any form of fraud or misrepresentation.
(b) Failing to meet the minimum qualifications established by this chapter.
(c) Paying compensation, including money or any other thing of value, other than as provided for by this chapter, to any member of or employee of the board to procure a license or certificate under this chapter.
(d) A conviction of a crime which is substantially related to the qualifications, functions, and duties of a person developing real estate appraisals and communicating real estate appraisals to others.
(e) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the license or certificate holder or another person or with the intent to substantially injure another person.
(f) Violation of any of the standards for the development or communication of real estate appraisals as provided in this chapter.
(g) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report or communicating an appraisal.
(h) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal, as determined by the board.
(i) Disregarding or violating any of the provisions of this chapter or the rules adopted by the board for the administration and enforcement of this chapter.
(j) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment.
(k) Violating the confidential nature of governmental records to which he or she gained access through employment or engagement as an appraiser by a governmental agency.
III. The board, upon making an affirmative finding under paragraph II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license or certification, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license or certificate.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed appraiser for a period of time specified by the board.
(f) By assessing a fine of not more than $2,000 per violation or, in the case of a continuing violation, $100 for each day the violation continues, whichever would be greater.
(g) By taking any combination of the preceding actions, relating to any real estate appraiser, in accordance with the provisions of this chapter.
IV. The board may dismiss a complaint if the investigation shows the allegations to be without basis in law or fact or if the undisputed allegations do not warrant disciplinary proceedings.
Source. 1990, 167:3. 1991, 308:21-23. 1997, 299:6-8. 2012, 164:12, eff. Aug. 6, 2012.
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