New Hampshire Code of Administrative Rules
Rea - N.H. Real Estate Commission
Chapter Rea 200 - PRACTICE AND PROCEDURAL RULES
Part Rea 204 - COMPLAINT PROCEDURE
Section Rea 204.06 - Adjustment by Conciliation

Universal Citation: NH Admin Rules Rea 204.06

Current through Register No. 12, March 21, 2024

(a) For purposes of this section "informal disposition" means resolution of the complaint without a hearing on the merits and with the consent of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity, and approval of the commission, pursuant to RSA 331-A:29 and RSA 541-A:31 (a) and (b), V.

(b) The evaluating commission member and the commission administrator shall attempt to resolve the complaint informally pursuant to RSA 331-A:29, I and RSA 541-A:31, V.

(c) When resolving a complaint informally, the commission shall:

(1) Inform the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity, that any proposed settlement agreement is voluntary; and

(2) Inform the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity that the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity, may be represented by counsel at an informal disposition at the expense of the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity.

(d) A proposed informal disposition of a complaint shall be presented to the commission for its consideration. The proposed settlement agreement shall be in writing, signed at a minimum by the licensee, accredited individual, institution, or organization, or person charged with practicing unlawful brokerage activity, and the commission administrator, and be notarized.

(e) A proposed settlement agreement shall at a minimum set forth the allegations made in the complaint, the conditions agreed upon, and the consequences of noncompliance.

(f) The commission shall accept the proposed settlement agreement in whole or in part, reject the proposed settlement agreement or indicate that it would accept the proposed settlement agreement with specified conditions or amendments.

#7519, eff 6-28-01 (from Rea 205.03 ); ss by #8831, eff 5-1-07

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