New Hampshire Code of Administrative Rules
Rab - Real Estate Appraiser Board
Chapter Rab 400 - CONTINUED STATUS
Part Rab 402 - Revocation, suspension, and other sanctions
Section Rab 402.02 - Disciplinary Sanctions

Universal Citation: NH Admin Rules Rab 402.02

Current through Register No. 40, October 3, 2024

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions on an appraiser only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement.

(b) After a finding that an appraiser has committed misconduct, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-B:18, III.

(c) When a person subject to the board's disciplinary authority is found, after notice and opportunity for hearing, to have committed misconduct, the board shall impose sanctions after considering aggravating and mitigating factors including, as specified in Rab 402.02 (d) and (e).

(d) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) The licensee's prior disciplinary record;

(3) Lack of willingness to cooperate with the board;

(4) Potential harm to the consumer; and

(5) The purpose of the rule or statute violated.

(e) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) Willingness to cooperate with the board;

(3) Acknowledgment of the wrongdoing; and

(4) The purpose of the rule or statute violated.

(f) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements shall be sent to the licensing body of each state in which the appraiser is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

(See Revision Note at chapter heading for Rab 100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98

New. #6958, eff 3-23-99, EXPIRED: 3-23-07

New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07

New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13 (from Rab 402.01)

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