CHAPTER Asb 100  ORGANIZATION

 

PART Asb 101  DEFINITIONS

 

          Asb 101.01  "Board" means the assessing standards board.

 

Source.  #7861, eff 3-31-03

 

          Asb 101.02  "Board clerk" means the department employee delegated to perform administrative and clerical functions for the board including delivery of communications.

 

Source.  #7861, eff 3-31-03

 

          Asb 101.03  "Board meeting" means a publicly noticed meeting for the purpose of conducting board duties that involve making board decisions.

 

Source.  #7861, eff 3-31-03

 

          Asb 101.04  "Department" means the New Hampshire department of revenue administration.

 

Source.  #7861, eff 3-31-03

 

          Asb 101.05  "Quorum" means one more than half of the appointed board members.

 

Source.  #7861, eff 3-31-03

 

PART Asb 102  ASSESSING STANDARDS BOARD

 

          Asb 102.01  Board Established.

 

          (a)  The assessing standards board and its membership is established pursuant to RSA 21-J:14-a.

 

          (b)  The board is administratively attached to the New Hampshire department of revenue administration.

 

Source.  #7861, eff 3-31-03

 

          Asb 102.02  Powers and Duties of the Board.  The powers and duties of the assessing standards board pursuant to RSA 21-J:14-b shall be to:

 

          (a)  Establish practice and procedure standards for assessing officials relative to mass appraisal;

 

          (b)  Establish guidelines for the administration of the property tax and assessment of real property in state property tax systems;

 

          (c)  Establish standards for the certification of assessing officials;

 

          (d)  Establish guidelines for the monitoring and auditing of municipalities;

 

          (e)  Identify sales-chasing practices and recommend legislation relative to penalties;

 

          (f)  Establish forms and procedures;

 

          (g)  Recommend to the legislature any study to determine the status of or improvements of assessing in the state;

 

          (h)  Annually determine, vote upon and recommend to the chairman of the board the standards, guidelines and practices for use in the forthcoming year;

 

          (i)  Annually hold a minimum of 3 public forums throughout the state to receive verbal and written comment from the public on assessing standards and practices;

 

          (j)  Annually elect a chairperson of the board;

 

          (k)  Adopt rules as required by RSA 21-J:14-b, I-a; and

 

          (l)  File a report of findings and recommendations for legislation by December 1 of each year with the:

 

(1)  Governor;

 

(2)  Senate president;

 

(3)  Speaker of the house;

 

(4)  Senate clerk;

 

(5)  House clerk; and

 

(6)  State library.

 

Source.  #7861, eff 3-31-03; ss by #8397, eff 7-28-05; ss by #9026-A, eff 11-16-07

 

PART Asb 103  PUBLIC INFORMATION

 

          Asb 103.01  How to Contact the Board.  Anyone wishing to contact the assessing standards board shall direct their request in writing to:

 

Assessing Standards Board Clerk

c/o NH Department of Revenue Administration

PO Box 457

Concord, NH 03302.

 

Source.  #7861, eff 3-31-03

 

          Asb 103.02  Requests for Public Documents.

 

          (a)  Public documents, pursuant to RSA 91-A, relative to the assessing standards board shall be available by contacting the department of revenue administration by the following means:

 

(1)  In person at the office located at Governor Hugh J. Gallen Office Park South, 109 Pleasant Street, Concord, NH  03302;

 

(2)  Via facsimile to (603) 271-1348;

 

(3)  By telephone at (603) 271-2687 or TDD access at 1-800-735-2964;

 

(4)  In writing to:

 

Assessing Standards Board Clerk

c/o NH Department of Revenue Administration

PO Box 457

Concord, NH 03302-0457; or

 

(5)  From the department's web page at www.nh.gov/revenue, if the document is available in that format.

 

          (b)  Public documents relative to the assessing standards board may be reviewed at the department, Governor Hugh J. Gallen Office Park South, 109 Pleasant Street, Concord, NH, 03302 between the hours of 8 a.m. to 4:00 p.m., Monday through Friday, except for state holidays.

 

          (c)  Copies of public documents relative to the assessing standards board shall be charged at the actual cost of providing the copy.

 

Source.  #7861, eff 3-31-03

 

PART Asb 104  BOARD MEETINGS

 

          Asb 104.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of board meetings.

 

Source.  #7861, eff 3-31-03

 

          Asb 104.02  Scope.  This part shall apply to board meetings.

 

Source.  #7861, eff 3-31-03

 

          Asb 104.03  Notice.

 

          (a)  Notice for assessing standards board meetings shall be:

 

(1)  Posted at the House and Senate clerks' offices;

 

(2)  Posted in the department's lobby at Governor Hugh J. Gallen Office Park South, 109 Pleasant Street, in Concord, NH;

 

(3)  Sent to all interested parties who request, in writing, to be kept on a service list; and

 

(4)  Placed on the department’s web page at www.nh.gov/revenue, if possible.

 

Source.  #7861, eff 3-31-03; ss by #8397, eff 7-28-05

 

          Asb 104.04  Media Access.

 

          (a)  Board meetings shall be open to the print and electronic media.

 

          (b)  The chairperson or a designee shall limit the activity of the print and electronic media to avoid disruption by:

 

(1)  Limiting the number of media representatives when their number, along with the number of citizens present, exceeds the capacity of the room where the board meeting is being held;

 

(2)  Limiting the placement of television cameras to specific locations in the room where the board meeting is being held; and

 

(3)  Prohibiting interviews from being conducted within the room during the board meeting.

 

Source.  #7861, eff 3-31-03

 

          Asb 104.05  Conduct of a Board Meeting.

 

          (a)  Board meetings shall be presided over by the chairperson or a designee.

 

          (b)  The chairperson or designee shall:

 

(1)  Cause a recording of the board meeting to be made.

 

(2)  Cause minutes to be taken;

 

(3)  Request that each member of the public wishing to speak place his or her name on the speakers list before the last speaker on the list has finished speaking;

 

(4)  Recognize those who wish to be heard and establish the order in which they shall speak from a speakers list;

 

(5)  Limit the amount of time each speaker may speak to a specific amount of time at the discretion of the chairperson;

 

(6)  Limit presentations from an interest group or organization to no more than 3 spokespersons, provided that the members of the interest group who are present may enter their names into the record as supporting the position of the group or organization;

 

(7)  Revoke recognition of a speaker for:

 

a.  Going beyond the amount of time allowed for persons to speak on an issue or issues considering:

 

1.  The number of persons requesting to be heard; and

 

2.  The relevancy of the speaker's comments;

 

b.  A person refusing to provide the following information on a speakers list provided by the board:

 

1.  His or her full name; and

 

2.  The names of each interest group he or she represents, if applicable;

 

c.  Speaking or acting in an abusive or disruptive manner; or

 

d.  Refusing to keep comments relevant to the issue or issues which are the subject of the meeting;

 

(8)  Establish limits on the print and electronic media, as provided in Asb 104.07;

 

(9)  Effect the removal of any person who disrupts the board meeting; and

 

(10)  Adjourn or recess the board meeting.

 

          (c)  All persons whose names appear on the speakers list shall be afforded an opportunity to speak at the board meeting within the limits on public participation provided in Asb 104.07 and Asb 104.05(b).

 

          (d)  Listed speakers may elect to submit written testimony in lieu of oral testimony.

 

Source.  #7861, eff 3-31-03

 

          Asb 104.06  Public Participation.

 

          (a)  Each person requesting to speak on the issue or issues which are the subject of the board meeting shall provide the following information on a speakers list:

 

(1)  His or her full name; and

 

(2)  The name of each interest group he or she represents, if applicable.

 

          (b)  Each person requesting to speak shall place his or her name on the speakers list before the last speaker on the list has finished speaking.

 

          (c)  All persons whose names appear on the speakers list shall be afforded an opportunity to speak within the limits on public participation provided in Asb 104.07.

 

          (d)  Listed speakers may elect to submit written testimony in lieu of oral testimony.

 

Source.  #7861, eff 3-31-03

 

          Asb 104.07  Limitations on Public Participation.

 

          (a)  In conducting board meetings, the chairperson or a designee, at any time before or during a board meeting shall:

 

(1)  Refuse to recognize a person who refuses to comply with Asb 104.06, above;

 

(2)  Revoke recognition of a speaker who does not comply with Asb 104.06 above;

 

(3)  Limit the amount of time each speaker may speak to a specific amount of time at the discretion of the chairperson; and

 

(4)  Limit presentations from an interest group or organization to no more than 3 spokespersons, provided that the members of the interest group who are present may enter their names into the record as supporting the position of the group or organization.

 

Source.  #7861, eff 3-31-03

 

          Asb 104.08  Transcripts.

 

          (a)  All board meetings shall be recorded.

 

          (b)  The recording shall be kept available for inspection.

 

          (c)  Persons requesting the transcript shall bear the cost of transcription.

 

          (d)  A copy of the recording may be requested in lieu of a written transcript.

 

          (e)  Persons requesting a copy of the recording shall bear the cost of duplication.

 

          (f)  Recordings of proceedings shall be preserved for a period no less than 6 months from the conclusion of the board meeting date.

 

Source.  #7861, eff 3-31-03


CHAPTER Asb 200  PRACTICES AND PROCEDURES

 

PART Asb 201  DEFINITIONS

 

          Asb 201.01  "Rulemaking" means the process for the adoption, amendment or repeal of a rule.

 

Source.  #7862-A, eff 3-31-03

 

PART Asb 202  RULEMAKING PETITIONS

 

          Asb 202.01  Petition for Adoption, Amendment or Repeal of Rules.  Any person may request the board to commence a proceeding for the purpose of adopting, amending or repealing a rule by filing a written petition that contains:

 

          (a)  A statement of the petitioner's request for the proposed rules;

 

          (b)  The text of the proposed rule or a statement of the results intended by the petitioner's interest in the subject matter of the proposed rule;

 

          (c)  An identification of the specific rule sought to be amended or repealed, if applicable;

 

          (d)  Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding;

 

          (e)  A statement whether, in regard to the petitioner, the issue which is the subject of the petition is pending in litigation; and

 

          (f)  Name and signature of the petitioner, petitioner's address and the date.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 202.02  Disposition of a Rulemaking Petition.

 

          (a)  The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4.

 

          (b)  The board shall request additional data or argument as necessary from the petitioner to clarify the petition.

 

          (c)  If the data or argument fails to support the petition, the board shall state the reason therefore in a letter to the petitioner.

 

          (d)  Denial of a petition shall be final and the person filing such petition, or any other interested person, shall not be entitled to request an adjudicative proceeding under this chapter.

 

          (e)  If the data or argument supports the petition, the board shall commence rulemaking proceedings as provided in RSA 541-A:3 except in instances where there is a valid reason for denial such as, but not limited to, lack of rulemaking authority.

 

Source.  #7863-A, eff 3-31-03

 

PART Asb 203  RULEMAKING HEARINGS

 

          Asb 203.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of rulemaking hearings.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.02  Scope.  This part shall apply to rulemaking hearings required pursuant to RSA 541-A:11, at which interested persons may testify and submit information or written testimony.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.03  "Hearing" means a publicly noticed meeting pursuant to RSA 541-A:6, for the purpose of the receipt by the board of information, documentation or oral or written testimony, or any combination of these, for the purpose of rulemaking.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.04  Notice.  Notice for a rulemaking hearing as required pursuant to RSA 541-A:6, shall be placed in the "Rulemaking Register".

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.05  Media Access.

 

          (a)  Hearings shall be open to the print and electronic media.

 

          (b)  The chairperson or a designee shall limit the activity of the print and electronic media to avoid disruption by:

 

(1)  Limiting the number of media representatives when their number, along with the number of citizens present, exceeds the capacity of the room;

 

(2)  Limiting the placement of television cameras to specific locations in the room; and

 

(3)  Prohibiting interviews from being conducted within the room where the hearing is being held during the hearing.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.06  Conduct of a Rulemaking Hearing.

 

          (a)  Hearings shall be presided over by the chairperson or a designee.

 

          (b)  The chairperson or designee shall:

 

(1)  Determine whether a quorum of the board is present;

 

(2)  Call the hearing to order;

 

(3)  Cause a recording of the hearing to be made;

 

(4)  Cause minutes to be taken;

 

(5)  Request that each person wishing to speak shall place his or her name on the speakers list before the last speaker on the list has finished speaking;

 

(6)  Recognize those who wish to be heard and establish the order in which he or she shall speak from a speakers list;

 

(7)  Limit the amount of time each speaker may speak to a specific amount of time at the discretion of the chairperson as the number of speakers and the time available necessitates;

 

(8)  Limit presentations from an interest group or organization to no more than 3 spokespersons, provided that the members of the interest group who are present may enter their names and addresses into the record as supporting the position of the group or organization;

 

(9)  Revoke recognition of a speaker for:

 

a.  Going beyond the amount of time allowed for persons to speak on an issue or issues at the hearing considering:

 

1.  The number of persons wishing to be heard; and

 

2.  The relevancy of the speaker's comments;

 

b.  Speaking or acting in an abusive or disruptive manner; or

 

c.  Refusing to keep comments relevant to the issue or issues which are the subject of the hearing;

 

(10)  Establish limits on the print and electronic media, as provided in Asb 203.05;

 

(11)  Effect the removal of any person who disrupts the hearing; and

 

(12)  Adjourn or recess the hearing.

 

          (c)  All persons whose names appear on the speakers list shall be afforded an opportunity to speak at the hearing within the limits on public participation provided in Asb 203.06 (b) (7).

 

          (d)  The chair shall recess and reconvene the hearing to a later date if the number of speakers exceeds the allotted time for the hearing.

 

          (e)  Listed speakers may elect to submit written testimony in lieu of oral testimony.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.07  Public Participation.

 

          (a)  Each person who requests to speak on the issue or issues which are the subject of the hearing shall provide, on a speakers list, his or her full name.

 

          (b)  Each person requesting to speak shall place his or her name on the speakers list before the last speaker on the list has finished speaking.

 

          (c)  A hearing shall be continued, postponed or moved in accordance with RSA 541-A:11 when the capacity of the room does not accommodate the number of persons who wish to attend.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.08  Limitations on Public Participation.

 

          (a)  In conducting hearings, the chairperson or a designee, at any time before or during a hearing shall:

 

(1)  Refuse to recognize a person who refuses to comply with Asb 203.07 above; and

 

(2)  Revoke recognition of a speaker who does not comply with Asb 203.07 above.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 203.09  Transcripts.

 

          (a)  All hearings shall be recorded.

 

          (b)  The recording shall be kept available for inspection.

 

          (c)  Persons requesting the transcript shall bear the cost of transcription.

 

          (d)  A copy of the recording may be requested in lieu of a written transcript.

 

          (e)  Persons requesting a copy of the recording shall bear the cost of duplication.

 

          (f)  Recordings of proceedings shall be preserved for a period of time no less than 6 months from the conclusion of the hearing date.

 

Source.  #7863-A, eff 3-31-03

 

PART Asb 204  DECLARATORY RULINGS

 

          Asb 204.01  "Declaratory ruling" means a written statement issued by the board in response to a petition from a person to interpret and apply board laws, rules or both to the person's specific set of facts regarding a proposed action.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 204.02  Petition for Declaratory Ruling.

 

          (a)  Petitions concerning a specific rule shall be filed with the board at least 90 days prior to the date of the proposed action.

 

          (b)  A petition for declaratory ruling on a specific rule shall include the following:

 

(1)  Full names and addresses of all interested parties;

 

(2)  The federal identification number of all interested parties;

 

(3)  A full and precise statement of the reasons for the proposed action;

 

(4)  A detailed description of the proposed action;

 

(5)  True copies of all contracts, deeds, agreements, instruments and other documents involved in the proposed action;

 

(6)  Reference to the RSA sections and rules relating to the subject of the petition for declaratory ruling; and

 

(7)  A statement whether, to the best of the petitioner's knowledge, the issue which is the subject of the petition:

 

a.  Has been examined by the board and, if applicable, the statutory period of limitation on assessment, per RSA 21-J:29 has not expired; or

 

b.  Is pending in litigation.

 

          (c)  A petition for declaratory ruling and any factual information submitted therewith shall be accompanied by a declaration by the petitioner in the following form:

 

"I declare that I have examined this petition, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct, and complete."

 

          (d)  Within 30 days after receipt of a petition for declaratory ruling, the board shall advise the petitioner:

 

(1)  If additional information or representations are required when necessary in order to make a decision; or

 

(2)  If the complexity of the petition leads the board to foresee a delay in the issuance of a ruling.

 

          (e)  After the board has received a response to any, and all, requests for additional information or representations, the board shall issue a declaratory ruling applying any applicable statutes, rules, or court opinions to the proposed action described in the petition.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 204.03  Effect of Declaratory Ruling.  A declaratory ruling issued to a person with respect to a particular action shall represent a holding of the board on that action for that person only.

 

Source.  #7863-A, eff 3-31-03

 

          Asb 204.04  Issuance and Publication of Declaratory Rulings.  Declaratory rulings issued by the board shall be filed on the day of issue with the director of legislative services in accordance with RSA 541-A;16, II (b), and edited subject to the requirements of RSA 21-J:14.

 

Source.  #7863-A, eff 3-31-03

 

PART Asb 205  EXPLANATION OF ADOPTION OF RULE

 

          Asb 205.01  Explanation of Adoption of Rule.

 

          (a)  Within 30 days after the adoption of a rule, any person may request an explanation regarding the adoption of rules pursuant to RSA 541-A:11, VII by submitting a written request that the board issue a statement explaining the following:

 

(1)  The principle reasons for and against adoption of a specific rule in its final form; and

 

(2)  Reasons why the board overruled arguments and considerations against the rule.

 

          (b)  Requests shall be submitted to the board's clerk at:

 

Assessing Standards Board Clerk

c/o NH Department of Revenue Administration

PO Box 457

Concord, NH 03302-0457

 

          (c)  The request shall be placed on the agenda at the next scheduled board meeting.

 

          (d)  The party requesting the explanation shall be notified of the date of the next scheduled board meeting.

 

          (e)  The board shall issue a response within 45 days of the board meeting.

 

Source.  #7863-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 205.02  Requirements for Requests for Rule Explanation.

 

          (a)  Each request for rule explanation shall provide the following information:

 

(1)  The name and address of the interested person; and

 

(2)  The rule number and title.

 

          (b)  The request shall be addressed to the chairperson of the board.

 

          (c)  All information shall be typewritten.

 

          (d)  The interested person shall sign and date the request.

 

Source.  #7863-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

PART Asb 206  PUBLIC FORUMS AND SUBCOMMITTEE MEETINGS

 

          Asb 206.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of public forums and subcommittee meetings.

 

Source.  #7862-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 206.02  Scope.  This part shall apply to:

 

          (a)  Public forums required pursuant to RSA 21-J:14-b, II, at which interested persons may testify and submit information or written testimony; and

 

          (b)  Subcommittee meetings at which interested persons may testify and submit information or written testimony.

 

Source.  #7862-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 206.03  Definitions.

 

          (a)  “Forum” means a publicly noticed meeting, pursuant to RSA 541-A:6, for the purpose of receipt by board members of information, documentation, oral or written testimony, or any combination of these for the purpose of satisfying the board's statutory requirements.

 

          (b)  “Subcommittee meeting” means a publicly noticed meeting of a portion of the board members delegated by the majority of the board to explore specific issues in order to make recommendations to the board.

 

Source.  #7862-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 206.04  Notice.

 

          (a)  Notice for public forums shall be:

 

(1)  Posted in the House and Senate clerks' offices;

 

(2)  Sent to all municipalities;

 

(3)  Posted in the department's lobby at Governor Hugh J. Gallen Office Park South, 109 Pleasant Street, in Concord, NH;

 

(4)  Placed in local newspapers where each forum will be held;

 

(5)  Sent to all interested parties who request, in writing, to be kept on a service list; and

 

(6)  Placed on the department’s web page at www.nh.gov/revenue, if possible.

 

          (b)  Notice for subcommittee meetings shall be:

 

(1)  Posted in the House and Senate clerks' offices;

 

(2)  Posted in the department's lobby at Governor Hugh J. Gallen Office Park South, 109 Pleasant Street, in Concord, NH;

 

(3)  Sent to all interested parties who request, in writing, to be kept on a service list; and

 

(4)  Placed on the department’s web page at www.nh.gov/revenue, if possible.

 

Source.  #7862-B, eff 3-31-03; ss by #8398, eff 7-28-05, EXPIRED: 7-28-13

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 206.05  Media Access.

 

          (a)  Public forums and subcommittee meetings shall be open to the print and electronic media.

 

          (b)  The chairperson or a designee shall limit the activity of the print and electronic media to avoid disruption by:

 

(1)  Limiting the placement of television cameras to specific locations in the room; and

 

(2)  Prohibiting interviews from being conducted within the room during the public forum or sub-committee meeting.

 

Source.  #7862-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 206.06  Conduct of a Public Forum or Subcommittee Meeting.

 

          (a)  Public forums and subcommittee meetings shall be presided over by the chairperson or a designee.

 

          (b)  The chairperson or designee shall:

 

(1)  Call the public forum and subcommittee meeting to order;

 

(2)  Cause a recording to be made;

 

(3)  Cause minutes to be taken;

 

(4)  For subcommittee meetings only, call for the approval or approval with amendments of the minutes of the previous sub-committee meeting;

 

(5)  Request that each person wishing to speak shall place his or her name on the speakers list before the last speaker on the list has finished speaking;

 

(6)  Recognize those who wish to be heard and establish the order in which they shall speak from a speakers list;

 

(7)  Limit the amount of time each speaker may speak to a specific amount of time as speakers and time necessitates;

 

(8)  Limit presentations from an interest group or organization to no more than 3 spokespersons, provided that the members of the interest group who are present may enter their names into the record as supporting the position of the group or organization;

 

(9)  Revoke recognition of a speaker for:

 

a.  Going beyond the amount of time allowed for persons to speak on an issue or issues considering:

 

1.  The number of persons requesting to be heard; and

 

2.  The relevancy of the speaker's comments;

 

b.  Refusing to provide the following information on a speaker's list provided by the board:

 

1.  His or her full name; and

 

2.  The name of each interest group he or she represents, if applicable;

 

c.  Speaking or acting in an abusive or disruptive manner; or

 

d.  Refusing to keep comments relevant to the issue or issues which are the subject of the forum or subcommittee meeting;

 

(10)  Establish limits on the print and electronic media, as provided in Asb 206.05;

 

(11)  Effect the removal of any person who disrupts the public forum or subcommittee meeting; and

 

(12)  Adjourn or recess the public forum or subcommittee meeting.

 

          (c)  All persons whose names appear on the speakers list shall be afforded an opportunity to speak at the public forum or subcommittee meeting within the limits on public participation provided in Asb 206.07.

 

          (d)  Listed speakers may elect to submit written testimony in lieu of oral testimony.

 

          (e)  The chair shall recess and reconvene a public forum or subcommittee meeting at a later date if the number of speakers exceeds the allotted time for the public forum or subcommittee meeting.

 

Source.  #7862-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 206.07  Public Participation.

 

          (a)  Each person who requests to speak on the issue or issues which are the subject of the public forum or subcommittee meeting shall provide the following information on a speakers list:

 

(1)  His or her full name; and

 

(2)  The names of each interest group he or she represents, if applicable.

 

          (b)  Each person requesting to speak shall place his or her name on the speakers list before the last speaker on the list has finished speaking.

 

          (c)  A public forum shall be continued, postponed or moved in accordance with RSA 541-A:11 when the capacity of the room does not accommodate the number of persons who wish to attend.

 

Source.  #7862-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17

 

          Asb 206.08  Limitations on Public Participation.

 

          (a)  In conducting public forums or subcommittee meetings, the chairperson or a designee, at any time before or during a public forum or subcommittee meeting shall:

 

(1)  Refuse to recognize a person who refuses to comply with Asb 206.07 above; and

 

(2)  Revoke recognition of a speaker who does not comply with Asb 206.07.

 

Source.  #7862-B, eff 3-31-03, EXPIRED: 3-31-11

 

New.  #11158, INTERIM, eff 8-20-16, EXPIRED: 2-16-17

 

New.  #12190, eff 5-25-17


CHAPTER Asb 300  CERTIFICATION OF ASSESSORS 

 

PART Asb 301  DEFINITIONS

 

          Asb 301.01  “Abatement review” means to make an assessment recommendation to the municipal assessing officials or to make a change to an assessment that is in response to an abatement request from a taxpayer.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.02  “Appraisal” means the act or process of developing a market value estimate of property which will be used as the basis for valuation, fulfilling a municipality’s statutory duties relative to property tax administration including, but not limited to those pursuant to RSA 75:1.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.03  “Appraisal work” means the act or process of developing and making a market value estimate of property, or an adjustment to an assessment, which shall be used as the basis for the valuation of a municipality in accordance with statutory requirements including, but not limited to, those pursuant to RSA 75:1.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.04  “Appraiser” means any person, firm, company, or corporation who makes an appraisal, an assessment, or provides appraisal work and meets one of the following conditions: 

 

          (a)  Is certified by the department of revenue administration (DRA) in accordance with RSA 21-J:14-f; or

 

          (b)  Is statutorily given the authority to appraise property pursuant to RSA 75:1, RSA 81:1, RSA 41:2-g, or RSA 48:13.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12 (from Asb 301.02); ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.05  “Approved continuing education” means:

 

          (a)  Completing all requirements of a course or workshop with designated credit hours pertaining to appraisal of real estate for tax purposes offered or approved by, but not limited to:

 

(1)  International Association of Assessing Officers;

 

(2)  American Society of Appraisers;

 

(3)  American Society of Farm Managers and Rural Appraisers;

 

(4)  Appraisal Institute;

 

(5)  International Right of Way Association;

 

(6)  National Association of Independent Fee Appraisers;

 

(7)  Lincoln Institute;

 

(8)  New Hampshire Association of Assessing Officials;

 

(9)  New Hampshire real estate appraisal board; or

 

(10)  The DRA; or

 

          (b)  Teaching a course or workshop as specified in (a) above.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 301.01) ; ss by #13274, eff 10-14-21

 

          Asb 301.06 “Assessing services” means the making of appraisals, reappraisals, assessments, or providing other services on behalf of municipal assessing officials for the statutory administration of property valuation and assessment including, but not limited to those pursuant to RSA 75:1. 

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12 (from Asb 301.03); ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.07  “Assessment” means an estimate of the quality, amount, size, features, or worth of real estate which is used as a basis for a municipalities’ valuation in accordance with statutory requirements including, but not limited to those pursuant to RSA 75:1.

 

Source.  # #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.08  “Assessor” means any person, who is certified by the DRA as an assessor assistant, assessor, or assessor supervisor, who works on behalf of a municipality to:

 

          (a)  Value real estate for ad valorem tax purposes;

 

          (b)  Provide appraisal work; or

 

          (c)  Provide assessing services.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.09  “Bad faith” means dishonesty of belief or purpose, evasion of the spirit of the bargain, lack of diligence, willful rendering of an imperfect performance, abuse of a power to specify terms and interference with, or failure to cooperate in, the other party’s performance.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (from Asb 301.02) ; ss by #13274, eff 10-14-21

 

          Asb 301.10  “Certification” means the process of applying for and meeting the experience and education requirements for the level of approval sought pursuant to RSA 21-J:14-f.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12 (from Asb 301.04); ss by #12776, eff 5-9-19 (from Asb 301.03) ; ss by #13274, eff 10-14-21

 

          Asb 301.11  “Commissioner” means the commissioner of the department of revenue administration or the commissioner’s designee.

 

Source.  #8399, eff 7-28-05; ss by #9026-B, eff 11-16-07 (from Asb 301.06); ss by #10093, eff 2-28-12 (from Asb 301.05); ss by #12776, eff 5-9-19 (from Asb 301.04); ss by #13274, eff 10-14-21

 

          Asb 301.12  “Commissioner’s review and determination” means the DRA review of factors relevant to a charge of misconduct pursuant to Asb 308.13, and the disciplinary action taken by the DRA pursuant to Asb 308.14 and RSA 21-J;14-g, against any person, for failure to comply with the rules adopted by the assessing standards board (ASB) pursuant to RSA 21-J:14-f, II.

 

Source.  #8399, eff 7-28-05; ss by #9026-B, eff 11-16-07 (from Asb 301.07); ss by #10093, eff 2-28-12 (from Asb 301.06); ss by #12776, eff 5-9-19 (from Asb 301.05); ss by #13274, eff 10-14-21

 

          Asb 301.13  "Company" means the person, contractor, firm, or corporation with which the municipality has proposed or executed a contract or agreement for assessing services.

 

Source.  #8399, eff 7-28-05; ss by #9026-B, eff 11-16-07 (from Asb 301.08); ss by #10093, eff 2-28-12 (from Asb 301.07); ss by #12776, eff 5-9-19 (from Asb 301.06); ss by #13274, eff 10-14-21

 

          Asb 301.14  “Complainant” means a person who has filed a written charge of misconduct.

 

Source.  #8399, eff 7-28-05; ss by #9026-B, eff 11-16-07 (from Asb 301.09); ss by #10093, eff 2-28-12 (from Asb 301.08); ss by #12776, eff 5-9-19 (from Asb 301.07); ss by #13274, eff 10-14-21

 

          Asb 301.15  “Contract” means any agreement between the municipality and the contractor for making appraisals, reappraisals, assessments, or for appraisal work on behalf of a municipality within the state of New Hampshire.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21; ss by #13274, eff 10-14-21

 

Asb 301.16  “Contractor” means the person, firm, company, or corporation with which the municipality has executed a contract or agreement for assessing services.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

Asb 301.17  “Cyclical inspection” means the process of a systematic measure and listing of all properties within a municipality over a specified period of time.  The term includes “data collection” and “data verification.”

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

Asb 301.18  “Cyclical revaluation” means the process of combining a full statistical revaluation of the entire municipality with a cyclical inspection process.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

Asb 301.19 “Data collection” means the inspection, measuring, or listing of property within a municipality.  The term includes data verification.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.20  “Deceit-fraud” means an intentional act of:

 

          (a)  Deception in order to secure an unlawful gain;

 

          (b)  Deception pertaining to contractual procurement or fulfillment; or

 

          (c)  Concealment of, or making a false impression of, a material fact, including when attempting to procure DRA certification at any level.

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (from Asb 301.08); ss by #13274, eff 10-14-21

 

          Asb 301.21  “Decertification” means the action taken, pursuant to RSA 21-J:14-g, I, by the commissioner to remove a person’s DRA certification.

 

Source.  #8399, eff 7-28-05; ss by #9026-B, eff 11-16-07 (from Asb 301.10); ss by #10093, eff 2-28-12 (from Asb 301.09); ss by #12776, eff 5-9-19 (from Asb 301.09); ss by #13274, eff 10-14-21

 

          Asb 301.22  “Department (DRA)” means the New Hampshire department of revenue administration, 109 Pleasant Street, Concord NH.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (from Asb 301.10) ); ss by #13274, eff 10-14-21

 

          Asb 301.23  “Equivalent” means a determination by the DRA that:

 

          (a)  The individuals’ educational and professional work experience meets, or exceeds, all of the requirements to be a DRA-certified building measurer and lister or a DRA-certified property assessor assistant; or

 

          (b)  A course meets the core education curriculum requirements.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.24  “Ethics” means the moral principles, values, and standards that govern the professional conduct in appraisal practice.  The term includes “ethical”.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.25  “Executed” means to transact, agree to, carry into effect, sign or act upon a contract or agreement to perform assessing services for a municipality. The term includes “executing”.

 

Source.  #8399, eff 7-28-05; ss by #9026-B, eff 11-16-07 (from Asb 301.11); ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.26  “Final field review” means the final comprehensive review of newly established values utilizing a parcel by parcel field review for the entire municipality, the affected property, or the classes of property to:

 

          (a)  Ensure that the properties are valued at their highest and best use, and, as applicable, appraised pursuant to RSA 75:1;

 

          (b)  Ensure that the appraised values are proportionate and equitable; and

 

          (c)  Identify and correct any mechanical errors, inconsistencies, unusual features, or value influencing factors.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21; ss by #13274, eff 10-14-21

 

          Asb 301.27  “Full revaluation” means the revaluation of all taxable and nontaxable properties in a municipality, with a complete measure and listing of all taxable and nontaxable properties to occur at the same time of the establishment of the new base year, to arrive at full and true value as of April 1. The term includes “full reappraisal” and “full reassessment.”

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.28  “Full statistical revaluation” means the process of a revaluation of all taxable and nontaxable properties in a municipality, using existing property data, to arrive at full and true value as of April 1.  The term includes “statistical update” and “statistical reassessment.”

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.29  “Improvement” means any physical change to either land or to buildings that might affect value.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.11); ss by #13274, eff 10-14-21

 

          Asb 301.30  “In-house assessor” means an appraiser that has been hired to perform appraisal work as an employee of the municipality.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.31  “Listing” means recording a description of the interior, exterior, and attributes of any improvements or the recording of the description of land features and attributes.  The term includes “list”.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.13); ss by #13274, eff 10-14-21; ss by #13274, eff 10-14-21

 

          Asb 301.32  “Malfeasance” means an intentional act which is unlawful.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.33  “Market analysis” means the study and processes utilized to determine the response of buyers and sellers of real estate, in a geographic area, to various data elements through the analysis of cost data, income data, and sale transactions in the performance of mass appraisal.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.34  "Mass appraisal" means the utilization of standard commonly recognized techniques to value a group of properties as of a given date, using standard appraisal methods, employing common data and providing for statistical testing.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.35  "Measure" means the physical inspection, verification, recording, or sketching of the exterior dimensions and attributes of any improvements made to a property.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.14); ss by #13274, eff 10-14-21

 

          Asb 301.36  Misconduct” means:

 

          (a)  A dereliction of duty;

 

          (b)  A violation of appraisal practice ethical standards, such as, but not limited to:

 

(1)  New Hampshire assessing standards board (ASB);

 

(2)  International Association of Assessing Officers (IAAO);

 

(3)  New Hampshire Association of Assessing Officials (NHAAO); or

 

(4)  Uniform standards of professional appraisal practice (USPAP);

 

           (c)  An affirmative act of misrepresentation or concealment of a material fact;

 

          (d)  Violation of assigned duties by malfeasance, misfeasance, or nonfeasance; or

 

          (e)  An act or failure to act when there is a duty to do so in reckless disregard of another’s rights, committed voluntarily and intentionally.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.15); ss by #13274, eff 10-14-21

 

          Asb 301.37  “Misfeasance” means the improper execution of an act of lawful duty, or contractual obligation, which infringes upon the rights and privileges of third persons.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.38  “Municipal assessing officials” means those charged by law with the duty of assessing taxes and being the:

 

(a)  Governing body of a municipality;

 

(b)  Board of assessors or selectmen of a municipality; or

 

(c)  County commissioners of an unincorporated place.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.39  “Municipality” means a city, town, or unincorporated place.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.40  “Nonfeasance” means the total omission or total neglect of a required duty.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.41  “On-line course” means those courses offered by qualified entities by way of the internet in a non-classroom setting.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.16); ss by #13274, eff 10-14-21

 

          Asb 301.42  “Partial update” means the process of analyzing market sales throughout the entire municipality to identify and implement needed value changes to the affected areas, or classes of property, to bring those properties to the municipality’s general level of assessment utilizing the existing base tax year and providing an addendum to the existing USPAP-compliant report.  The term includes “partial revaluation.”

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.43  “Qualified entities” means instructional providers approved by the DRA. 

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.17); ss by #13274, eff 10-14-21

 

          Asb 301.44  “Recertification” means written notification to the DRA that the applicant wishes to remain certified at their approved level, or recertified to another level, by providing any necessary documentation as required by the Asb 300 rules.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.18); ss by #13274, eff 10-14-21

 

          Asb 301.45  “Respondent” means a DRA-certified person against whom a charge of misconduct has been filed.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.19); ss by #13274, eff 10-14-21

 

Asb 301.46  “Requirements of a course” to obtain certification by the DRA means successful completion of a classroom, live on-line or self-study course, which is determined by the DRA to meet the educational criteria, offered by qualified entities.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.20); ss by #13079, EMERGENCY RULE, eff 7-24-20, EXPIRED: 1-20-21

 

New.  #13274, eff 10-14-21

 

          Asb 301.47  “Revaluation” means the act of re-estimating the worth of real estate of the entire municipality using standard appraisal methods, calibration of the computer assisted mass appraisal (CAMA) tables and models, establishment of a new base year with a USPAP-compliant report, and providing for statistical testing whether by either:

 

          (a)  A full revaluation; or

 

          (b)  A full statistical revaluation.  The term includes “reappraisal,” “reassessment,” and “value anew.”

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.21); ss by #13274, eff 10-14-21

 

          Asb 301.48 “Revaluation experience” means the number of years of work experience in the mass appraisal process as required by Asb 303 where applicable.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.49  “Sales chasing” means the practice of knowingly changing an individual property assessment to or near to the recent selling price of that property thereby manipulating equalization ratio study results.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.50  “Sale validation” means the process of verifying a real estate sale transaction to determine whether the sale was a valid or an invalid indicator of the market value of the sold property. The term includes “sale verification” and “sale qualification.”

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 301.51  “Sanction” means a level of disciplinary action determined by the commissioner to ensure the integrity of the DRA certification process by requiring a time period ranging from one month to 6 months in which the sanctioned person, at his or her own expense, is supervised by:

 

          (a)  A DRA-certified property assessor; or

 

          (b)  A DRA-certified property assessor supervisor.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.22); ss by #13274, eff 10-14-21

 

Asb 301.52  “Self-study” means an approved on-line course that allows for testing in person or proctored by an electronic monitoring service.

 

Source.  #13274, eff 10-14-21

 

          Asb 301.53  “Statistical testing” means the use or application of numerical statistics to understand the results of a reappraisal or the need for a reappraisal.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21 (formerly Asb 301.52)

 

          Asb 301.54  “Suspension” means a level of disciplinary action determined by the commissioner to ensure the integrity of the DRA certification process by requiring a loss of certification for a time period up to 5 years pursuant to RSA 21-J:14-f.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.23); ss by #13274, eff 10-14-21 (formerly Asb 301.53)

 

Asb 301.55  “Unethical” means not in conformity with the ethics and standards that govern professional conduct in appraisal practice.

 

Source.  #12776, eff 5-9-19 (formerly Asb 301.24); ss by #13274, eff 10-14-21 (formerly Asb 301.54)

 

          Asb 301.56  “Uniform standards of professional appraisal practice (USPAP)” means the generally accepted and recognized standards of appraisal practice printed by  The Appraisal Foundation as authorized by Congress as the source of appraisal standards and appraiser qualifications.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21 (formerly Asb 301.55)

 

          Asb 301.57  “USPAP-compliant report” means an appraisal report based upon the standards established by the ASB pursuant to RSA 21-J:14-b, I, (c).

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21 (formerly Asb 301.56)

 

          Asb 301.58  “Year of experience” means that one year of work experience is equivalent to 2,000 hours.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21 (formerly Asb 301.57)

 

PART Asb 302  ASSESSING SERVICES CONTRACTS, AGREEMENTS, AND PERSONNEL BACKGROUND CHECKS

 

                  Asb 302.01  Assessing Services Contracts and Agreements.

 

          (a)  Assessing services contracts and agreements shall be in accordance with RSA 21-J:11 and the applicable Rev 600 rules.

 

          (b)  Prior to starting any work, every person, assessor, contractor, or company intending to engage in the business of providing appraisals, appraisal work, or assessing services on behalf of a municipality for tax assessment shall:

 

(1)  Have a written contract or agreement for the work to be provided to the municipality;

 

(2)  Provide a copy of the written contract or agreement to the DRA for review along with a list which includes at a minimum each employee’s:

 

a.  Name;

 

b.  Duties;

 

c.  Current DRA approved certification level; and

 

(3)  Provide a copy of the executed written contract or agreement to the DRA pursuant to RSA 21-J:11, I, (a), (2) and the applicable Rev 600 rules.

 

Source.  #8399, eff 7-28-05; ss by #9026-B, eff 11-16-07; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13716, eff 8-9-23

 

          Asb 302.02  Personnel Background Checks.  Unless statutorily authorized to assess property pursuant to RSA 75:1, RSA 81:1, RSA 41:2-g, or RSA 48:13, a person or an employee of a municipality or company who is not certified by the DRA as an appraiser as defined in Asb 301.04 shall not be trained to perform measuring and listing of property or the making of appraisals for tax assessment purposes without:

 

          (a)  Written notification to the DRA at:

 

New Hampshire Department of Revenue Administration

Municipal and Property Division

PO Box 487

Concord, NH  03302-0487

 

          (b)  Including:

 

(1)  The name and the residential address of the person being trained;

 

(2)  The name of the municipalities in which the person will be trained; and

 

(3)  The name of the DRA-certified property assessor supervisor or DRA-certified property assessor that will supervise the training.

 

          (c)  Submission to the DRA of a completed criminal background check authorization form for the person being trained.

 

Source.  #12776, eff 5-9-19; ss by #13716, eff 8-9-23

 

PART Asb 303  REQUIREMENTS FOR EACH LEVEL OF CERTIFICATION

 

          Asb 303.01  General Requirements.

 

          (a)  Pursuant to RSA 21-J:14-f, persons, unless statutorily authorized to assess property pursuant to RSA 75:1, RSA 81:1, RSA 41:2-g, or RSA 48:13, who, by their action, provide an appraisal, appraisal work, assessing services, or establish or change assessed property value for any municipality in the state of New Hampshire shall:

 

(1)  Be 18 years of age or older;

 

(2)  Possess a high-school diploma or equivalent; and

 

(3)  Be certified by the DRA as specified in Asb 306.

 

          (b)  Within each company, the person, at any level of certification status, who enters into a contract or agreement with a municipality, shall be accountable for compliance with Asb 302.

 

          (c)  A DRA-certified person shall notify the DRA in writing within 14 days of any mailing address change.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

Asb 303.02  Training of a Measurer and Lister.

 

(a)  Prior to training any person to conduct an assessment of real estate, the appraiser, contractor, or in-house assessor, shall comply with Asb 302.02.

 

(b)  The in-service supervised field training shall be in the presence of a DRA-certified appraiser as defined in Asb 301.04.

 

(c)  The in-service supervised field training shall be documented in writing by providing:

 

(1)  The name of the municipalities in which the field training was performed;

 

(2)  The dates that the supervised field training was performed;

 

(3)  The number of hours of the supervised field training; and

 

(4)  The name of the DRA-certified appraiser that accompanied and supervised the field training.

 

            (d)  Upon the completion of the 160 hours of supervised field training pursuant to Asb 303.03 (a)(1), the trainee shall immediately request to be certified as a DRA-certified building measurer and lister pursuant to Asb 306.01.

 

            (e)  Upon completion of the 160 hours of supervised field training, the DRA-certified property assessor, or the DRA-certified property assessor supervisor shall:

 

(1)  Attest in writing to the completion of the 160 hours of supervised field training, pursuant to Asb 304.03 (a)(4) or Asb 304.04 (d); and

 

(2)  Provide the written documentation of the in-service supervised field training as specified in Asb 303.02 (c) to the trainee for submission to the DRA in accordance with Asb 306.01.

 

            (f)  The DRA-certified property assessor, or the DRA-certified property assessor supervisor that is overseeing the supervised field training shall notify the DRA within 14 days if the person’s employment is terminated prior to the completion of the certification.

 

Source.  #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

Asb 303.03  Requirements to be a DRA-Certified Building Measurer and Lister.  A person requesting certification under this section shall meet either of the following:

 

(a)  The requirements to be a DRA-certified building measurer and lister shall include:

 

(1)  A total of 160 documented hours of in-service accompanied supervised field training in measuring, listing, data collection, and data verification with at least 40 of those 160 hours conducted in the presence of:

 

a.  A DRA-certified property assessor; or

 

b.  A DRA-certified property assessor supervisor; and

 

(2)  Training to:

 

a.  Measure and sketch improvements to scale;

 

b.  Understand and utilize the data collection manual;

 

c.  List improvements by:

 

1.  The number of stories;

 

2.  The height of the building;

 

3.  The type of heating system;

4.  A description of the plumbing system;

 

5.  The type of basement;

 

6.  A description of any additions or outbuildings;

 

7.  An indication whether any of the items in 1. through 6., above, are:

 

(i)  Defective, but curable or incurable;

 

(ii)  Functional; and

 

(iii)  In good, fair, or poor condition; and

 

8.  The description of any other feature, attribute, or factor that may contribute value to a property;

 

d.  Understand the duties of a DRA-certified building measurer and lister as specified in Asb 304.01; and

 

e.  Understand the ethics that govern professional conduct in appraisal practice; or

 

(b)  Equivalent professional work experience as listed in (a)(1) and (2) above in a similar field such as real estate brokerage, real estate appraisals for non-assessing services, or work in other assessing jurisdictions.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 303.02); ss by #13274, eff 10-14-21

 

          Asb 303.04  Requirements to be a DRA-Certified Property Assessor Assistant.  A person requesting certification under this section shall meet either of the following:

 

          (a)  The requirements to be a DRA-certified property assessor assistant shall be:

 

(1)  All of the requirements for a DRA-certified building measurer and lister, specified in Asb 303.03;

 

(2)  Signed documentation of successful completion, of International Association of Assessing Officers (IAAO) Course 101, or the equivalent requirements of a course focusing on the basic functions of the appraisal process and appraisal theories, offered by, but not limited to, those entities listed in Asb 301.05 (a);

 

(3)  At least 2 years of experience which provides exposure to the application of the basic knowledge of property valuation and appraisal theories consisting of:

 

a.  Work experience in the:

 

1.  Measuring and listing of property; and

 

2.  Assisting with property assessments; or

 

b.  Work in a similar field, such as real estate brokerage or real estate appraisals for non-assessing purposes;

 

(4)  Familiarity with common building construction for:

 

a.  The quality of construction;

 

b.  The approximate age of the structure;

 

c.  Foundation;

 

d.  Basement area;

 

e.  Insulation;

 

f.  Roofing;

 

g.  Flooring;

 

h.  Exterior cover;

 

i.  Interior finish;

 

j.  Fireplaces;

 

k.  Heating and air conditioning systems;

 

l.  Solar collectors;

 

m.  Plumbing and plumbing fixtures;

 

n.  Tiling;

 

o.  Electric service;

 

p.  The number of rooms or bedrooms;

 

q.  Sprinkler systems;

 

r.  Elevators; and

 

s.  Any other structural features which would influence value;

 

(5)  Thorough knowledge of the duties of a DRA-certified property assessor assistant as specified in Asb 304.02; and

 

(6)  Attestation by a DRA-certified property assessor or DRA-certified property assessor supervisor that the individual has been trained, has read, and understands:

 

a.  Applicable NH property assessing statutes;

 

b.  Appraisal practice ethics; and

 

c.  Administrative rule Asb 300 and Rev 600; or

 

          (b)  Equivalent educational and professional work experience as listed in (a)(1) through (5) above or equivalent work in other assessing jurisdictions.

 

Source.  #8399, eff 7-28-05; ss by #9027, eff 11-16-07; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 303.03); ss by #13274, eff 10-14-21

 

          Asb 303.05  Requirements to be a DRA-Certified Property Assessor.

 

          (a)  In lieu of the requirements in (b)(1) and (2), below, a DRA-certified property assessor applicant may submit to the DRA a copy of his or her current New Hampshire Association of Assessing Officials’ professional designation certificate.

 

          (b)  The requirements to be a DRA-certified property assessor shall be:

 

(1)  All of the requirements for a DRA-certified property assessor assistant, in accordance with Asb 303.04;

 

(2)  Signed documentation of successful completion of all requirements of:

 

a.  The International Association of Assessing Officers (IAAO) Course 300, or the equivalent requirements of a course pertaining to mass appraisal, offered by, but not limited to those listed in Asb 301.05 (a);

 

b.  The International Association of Assessing Officers (IAAO) Course 452 Fundamentals of Assessment Ratio Studies (Workshop);

 

c.  A 15-hour USPAP course; and

 

d.  The NH state statutes part I and part II course relative to assessment and taxation;

 

(3)  At the minimum, 4 years of experience consisting of:

 

a.  Three years of experience in the appraisal of various types of real estate; and

 

b.  One year of mass appraisal revaluation experience with 1,000 hours that is comprised of some combination of:

 

1.  Assistance with the development and or maintenance of a data collection manual;

 

2.  The basic understanding of how CAMA systems are implemented and utilized;

 

3.  Sale validation experience;

 

4.  Review and training on mass appraisal techniques, market analysis results, and assistance in the preparation of a USPAP-compliant report under the supervision of a DRA-certified property assessor supervisor; and

 

5.  Training and assistance in the process of abatement review and the defense of assessed values under the supervision of a DRA-certified property assessor or DRA-certified property assessor supervisor;

 

(4)  Documentation of the continuing education requirements in Asb 305.01, if the DRA property assessor certification has been held over the previous 5 years; and

 

(5)  Thorough knowledge of the duties of a DRA-certified property assessor as specified in Asb 304.03.

 

          (c)  A complete resume shall:

 

(1)  Accompany the request for certification;

 

(2)  Explain in detail the applicant’s work and revaluation experience; and

 

(3)  Document the applicant’s educational qualifications.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 303.04); ss by #13274, eff 10-14-21; ss by #13716, eff 8-9-23

 

          Asb 303.06  Requirements to be a DRA-Certified Property Assessor Supervisor.

 

          (a)  In lieu of the requirements in (b)(1), (2) and (7) below, a DRA-certified property assessor supervisor applicant may submit to the DRA a copy of his or her current New Hampshire Association of Assessing Officials’ professional designation certificate.

 

          (b)  The requirements to be a DRA-certified property assessor supervisor shall include:

 

(1)  The requirements of a DRA-certified property assessor in Asb 303.05;

 

(2)  Signed documentation of successful completion, of all requirements of the International Association of Assessing Officers (IAAO) Course 102, or the equivalent requirements of a course focusing on capitalization of income to determine value by the income approach, offered by, but not limited to those listed in Asb 301.05 (a);

 

(3)  At the minimum 5 years of experience consisting of:

 

a.  Two years of experience in the appraisal of various types of real estate; and

 

b.  Three years of mass appraisal revaluation experience consisting of:

 

1.  Supervisory experience during the process of providing assessing services;

 

2.  Supervisory experience pertaining to adherence to the data collection manual, data collection accuracy, and CAMA data entry accuracy;

 

3.  Assistance with the development and or maintenance of a data collection manual;

 

4.  The basic understanding of how CAMA systems are implemented and utilized;

 

5.  Sale validation experience;

 

6.  Training on the calibration process for CAMA models;

 

7.  Review and training on mass appraisal technique;

 

8.  Providing assistance to a DRA-certified property assessor supervisor with the market analysis and USPAP-compliant report for a revaluation or a partial update; and

 

9.  Training and assistance in the process of abatement review and the defense of assessed values under the guidance and oversight of a DRA-certified property assessor supervisor;

 

(4)  Documentation of the continuing education requirements in Asb 305.01, if the DRA property assessor supervisor certification has been held over the previous 5 years;

 

(5)  Documentation of experience in providing expert testimony in the defense of assessed values before:

 

a.  The New Hampshire board of tax and land appeals;

 

b.  The New Hampshire superior court;

 

c.  New Hampshire superior court sanctioned mediation; or

 

d.  An equivalent board or court in another state; and

 

(6)  Thorough knowledge of the duties of a DRA-certified property assessor supervisor as specified in Asb 304.04; and

 

(7)  Successful completion of the Certified New Hampshire Assessor's (CNHA) exam that:

 

a.  Consists of 100 questions; and

 

b.  Requires a 70% to pass;

 

c.  If the individual does not pass the initial exam they may retake the exam within 30- days of the initial exam date; and

 

d.  If the individual does not pass the exam on the retake, they shall be required to wait one year from the date of the retake, to take it again.

 

          (c)  A DRA-certified assessor supervisor shall:

 

(1)  Explain on the resume, required pursuant to (d) below, or on an attached sheet if necessary, how the applicant has the experience necessary to:

 

a.  Interpret:

 

1.  Deeds and transfers for determination of value; and

 

2.  Financial statements pertaining to the appraisal process;

 

b.  Prepare reports;

 

c.  Supervise subordinate property assessors, property assessor assistants, and building measurer and listers;

 

d.  Assist the municipal assessing officials in the use of the appropriate assessing manuals and the computer assisted mass appraisal system for their municipality;

 

e.  Perform statistical testing to understand the results of a reappraisal or the need for a reappraisal;

 

f.  Analyze sales of properties to produce a market analysis and USPAP-compliant report; and

 

g.  Defend property values established for real property.

 

          (d)  A complete resume shall accompany the request for certification.

 

          (e)  All DRA-certified property assessor supervisors without a CNHA designation shall take the CNHA exam to recertify at the same level within 5 years of the 2023 effective date of Asb 303.06 (b)(7).

 

Source.  8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 303.05); ss by #13274, eff 10-14-21; ss by #13716, eff 8-9-23

 

PART Asb 304  DUTIES

 

          Asb 304.01  DRA-Certified Building Measurer and Lister Duties.

 

          (a)  For revaluation or assessing services, under the guidance and oversight of a DRA-certified property assessor or DRA-certified property assessor supervisor, a DRA-certified building measurer and lister may perform:

 

(1)  Data collection;

 

(2)  Data verification; and

 

(3)  Cyclical inspection.

 

          (b)  A DRA-certified building measurer and lister shall not perform sale validation.

 

          (c)  A DRA-certified building measurer and lister shall not determine, or change, the quality grade or depreciation of structures.

 

          (d)  A DRA-certified building measurer and lister shall not determine or change adjustments applied to land attributes.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

           Asb 304.02  DRA-Certified Property Assessor Assistant Duties.

 

          (a)  For revaluation or assessing services, under the guidance and oversight of a DRA-certified property assessor or DRA-certified property assessor supervisor, a DRA-certified property assessor assistant may assist with:

 

(1)  Assessment tasks as defined in Asb 301.06;

 

(2)  Sale validation; and

 

(3)  The training of a building measurer and lister.

 

          (b)  A DRA-certified property assessor assistant shall not adjust an assessment unless specifically authorized by a DRA-certified property assessor or DRA-certified property assessor supervisor. 

 

          (c)  A DRA-certified property assessor assistant shall not perform final field review as defined in Asb 301.26.

 

          (d)  A DRA-certified property assessor assistant shall not oversee revaluation informal review process or conduct abatement reviews.

 

          (e)  A DRA-certified property assessor assistant shall not represent a municipality in the defense of assessed values.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

          Asb 304.03  DRA-Certified Property Assessor Duties.

 

          (a)  A DRA-certified property assessor may, in accordance with Asb 303.05:

 

(1)  Perform appraisal work which includes:

 

a.  The annual maintenance of assessments by using the base year data collection manual and USPAP-compliant report; and

 

b.  The use of the computer assisted mass appraisal system existing models and cost data established by a DRA-certified property assessor supervisor during the year of the last revaluation for new appraisals;

 

(2)  Perform abatement reviews and the defense of value under the supervision of a DRA-certified property assessor supervisor;

 

(3)  Perform sale validation; and

 

(4)  Submit a signed and dated statement to the DRA attesting to the qualifications of a building measurer and lister, or a property assessor assistant, working under the DRA-certified property assessor’s supervision to be true, accurate and correct.

 

          (b)  A DRA-certified property assessor shall not adjust the cost, land, depreciation, or other computer assisted mass appraisal tables resulting in a change to the values unless specifically authorized by a DRA-certified property assessor supervisor.

 

          (c)  A DRA-certified property assessor shall not establish and certify values.

 

          (d)  A DRA-certified property assessor shall not sign the USPAP-compliant report.

 

          (e)  A DRA-certified property assessor shall not conduct the final field review.

 

          (f)  A DRA-certified property assessor:

 

(1)  May participate in informal hearings; and

 

(2)  Shall not supervise informal hearings

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 304.04  DRA-Certified Property Assessor Supervisor Duties.  A DRA-certified property assessor supervisor may, in accordance with Asb 303.06:

 

          (a)  Perform and supervise all appraisal work;

 

          (b)  Conduct and supervise a revaluation, cyclical revaluation, or partial update by:

 

(1)  Compilation of the data collection manual;

 

(2)  Performing a market analysis for the establishment of the base values and tables for the computer assisted mass appraisal models;

 

(3)  Calibrating the computer assisted mass appraisal models;

 

(4)  Performing the data quality final field review of the mass appraisal results;

 

(5)  Conducting statistical testing;

 

(6)  Complete and certify a USPAP-compliant report; and

 

(7)  Overseeing and supervising:

 

a.  The informal review process;

 

b.  The abatement review; and

 

c.  Defense of the appraised value(s);

 

          (c)  Oversee any revaluation by assisting the municipal assessing officials to ensure that:

 

(1)  The revaluation is performed in accordance with applicable state statutes and administrative rules;

 

(2)  The contract terms and conditions are adhered to; and

 

          (d)  Submit a signed and dated statement to the DRA attesting to the qualifications at all levels of certification to be true, accurate, and correct.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

PART Asb 305  CONTINUING EDUCATION

 

          Asb 305.01  Continuing Education Requirements.

 

          (a)  Each DRA-certified property assessor and DRA-certified property assessor supervisor shall provide documentation that he or she has, over the previous 5 years, completed a total of 50 hours of approved continuing education, as defined in Asb 301.05(a), which includes:

 

(1)  A uniform standards of professional appraisal practice course or workshop; and

 

(2)  The NH state statute course Part 1or Part II, or the one-day state statutes update.

 

          (b)  Each DRA-certified property assessor assistant, shall provide documentation that he or she has, over the previous 5 years, completed a total of 50 hours of approved continuing education to be phased in over a 5-year period, as follows:

 

(1)  Certification expires in 2021: 10 hours;

 

(2)  Certification expires in 2022: 20 hours;

 

(3)  Certification expires in 2023: 30 hours;

 

(4)  Certification expires in 2024: 40 hours; and

 

(5)  Certification expiring after 2024; 50 hours.

 

          (c) An approved course or workshop taken more than once within the 5-year cycle shall not be allowed as continuing education unless authorized by the DRA.

 

          (d)  Individuals seeking continuing education credit for teaching courses as specified in Asb 301.01(b) shall receive full credit:

 

(1)  For hours taught up to the total credit hours required for continuing education; and

 

(2)  Only once during a recertification cycle for teaching the same course.

 

          (e)  Any person holding a New Hampshire Association of Assessing Officials’ professional designation certificate may request to have continuing educational requirements verified in writing by the New Hampshire Association of Assessing Officials’ certification committee and forwarded to the DRA.

 

          (f)  On-line or self-study course(s) shall qualify as continuing education credits.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21; ss by #13716, eff 8-9-23

 

          Asb 305.02  Request to Extend Time Period for Continuing Education or Criminal Background Check.

 

          (a) Any person certified by the DRA, prior to the expiration date of his or her certification, may request in writing for an extension of a period of time not to exceed 6 months, from the DRA for completion of their continuing education hours.

 

          (b)  Any person certified by the DRA, prior to the expiration date of their certification, may request in writing for an extension of a period of time not to exceed one month, from the DRA for obtaining the criminal background check.

 

          (c)  The request shall state:

 

(1)  The reason for the request; and

 

(2) If applicable, the amount of time needed to complete the necessary continued education courses with a proposed timetable, if possible, or course already scheduled.

 

          (d)  The DRA shall:

 

(1)  Review the reason for the request for reasonableness such as, but not limited to:

 

a.  Major illness;

 

b.  Financial hardship; or

 

c.  Personal issues; and

 

(2)  Notify the person within 30 days of receipt of the request that:

 

a.  The extension has been granted; or

 

b.  The extension has been denied and the reason for the denial.

 

(e)  Any continuing education hours earned during the period of the extension shall not apply towards continuing education hours for the certification period overlapped by the extension.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

PART Asb 306  CERTIFICATION OR RECERTIFICATION PROCESSES

 

          Asb 306.01 Requesting Certification or Recertification.

 

          (a)  A person, or an employee of a municipality or company requesting certification and meeting the requirements of Asb 303.01 through Asb 303.06 excluding a conditional approval provided in Asb 306.01(f), who has not committed any conduct that would be prohibited under Asb 307.02, shall complete and file a form provided by the DRA, “Request for Certification or Recertification”, or, in lieu of filing the form, a request in writing, to the DRA, to be certified by providing:

 

(1)  The level of certification requested;

 

(2)  The attested to documentation of the person's work experience;

 

(3)  Copies of certificates, or evidence, of educational requirements unless copies have previously been supplied to the DRA; and 

 

(4)  Criminal background check results obtained within 60 days of submitting a complete request to be certified.

 

          (b)  A person requesting certification shall request in writing, to the DRA, to be recertified at the same level, or certified to another level, by providing detailed documentation of having met the requirements contained in Asb 303.02 through Asb 303.06.

 

          (c)  A person whose certification has been suspended may request in writing, to the DRA, by providing detailed documentation of having met the requirements as specified in the commissioner’s suspension order, for:

 

(1)  Reinstatement at the approved certification level at the conclusion of the suspension period; or

 

(2)  A new certification, if the certification expired during the suspension period.

 

          (d)  Any person from out-of-state having an equivalent designation as a DRA-certified assessor excluding completion of NH state statutes courses parts 1 and 2 and USPAP shall:

 

(1)  Submit all documentation as required in Asb 303.05 (b)(1) and (2); and

 

(2)  Request a conditional approval to complete the education requirement.

 

          (e)  Any person from out-of-state having an equivalent designation as a DRA-certified assessor supervisor excluding completion of NH state statutes courses parts 1 and 2 and USPAP shall:

 

(1)  Submit all documentation as required in Asb 303.06 (b)(1) and (2); and

 

(2)  Request a conditional approval to complete the education requirement.

 

          (f)  The DRA shall:

 

(1)  Review the documentation provided; and

 

(2)  Notify the person within 30 days of receipt of the request that:

 

a.  A conditional approval has been granted to complete the education requirement and include the expiration date, which shall be one year after the date of the approval; or

 

b.  The conditional approval has been denied and the reason for the denial.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21; ss by #13716, eff 8-9-23

 

          Asb 306.02 Notification by the DRA.  The DRA, upon determining a person’s certification, or recertification status, shall notify the person within 30 days that:

 

          (a)  The person did meet the criteria for the level requested;

 

          (b)  The person did not meet the criteria to certify at the level requested and will be certified at the level at which they qualified; or

 

          (c)  The person did not respond to a recertification notice pursuant to Asb 306.04(b).  The person shall be notified by certified mail that they have been decertified pursuant to RSA 21-J:14-g, I.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

          Asb 306.03  Certification Duration.

 

          (a)  Certification at all levels shall be effective upon DRA approval.

 

          (b)  Certification duration for the approval of new applicants or for approval that will change the level of DRA certification, when approved on or before June 30, shall:

 

(1)  Start January 1 of the year of the DRA's approval; and

 

(2)  End December 31 of the 5th year.

 

          (c)  Certification duration for the approval of new applicants or for approval that will change the level of DRA certification, when approved on or after July 1, shall:

 

(1)  Start July 1 of the year of the DRA's approval; and

 

(2)  End June 30 of the 5th year.

 

          (d)  A recertification approval, that will remain at the same level of DRA certification, shall begin the following January 1st after the previous approval’s expiration date.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13274, eff 10-14-21

 

          Asb 306.04  Notice of Recertification.

 

          (a)  The DRA shall, by March 1, send a notice to all DRA-certified personnel whose certification will expire within that year.

 

          (b)  A person notified in (a), above, by the DRA shall respond in writing no later than December 1 of that year, that he or she:

 

(1)  Requests to:

 

a.  Remain at the same level of certification; or 

 

b.  Be recertified to a different level of certification; and 

 

(2)  Submits documentation for the continuing education hours required in Asb 305.01.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

PART Asb 307  CHARGE OF MISCONDUCT AGAINST DRA-CERTIFIED ASSESSING PERSONNEL

 

          Asb 307.01  Filing a Charge of Misconduct Against A DRA-Certified Person.

 

          (a) A complainant charging a DRA-certified person with misconduct shall complete and file a form provided by the DRA, “Request for Commissioner Review and Determination” Form PA-71, or, in lieu of filing the form, a letter including all of the required information in (b) below, with the DRA within 360 days of the alleged misconduct.

 

          (b)  The complainant shall provide in a letter or on the form provided by the DRA:

 

(1)  The identification of the complainant;

 

(2)  The mailing address of the complainant;

 

(3)  The identification of the respondent;

 

(4)  The date of the event;

 

(5)  A concise description of the event;

 

(6)  The specific ethical standard, law, or rule violated; and

 

 (7)  Signature under the penalty of unsworn falsification pursuant to RSA 641:3.

 

          (c)  The complainant shall not be a party to the matter, but may testify as a witness, if called upon by either party.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19; ss by #13716, eff 8-9-23

 

          Asb 307.02  Types of Misconduct.  Charges of misconduct shall include:

 

            (a)  The practice of deceit-fraud as defined in Asb 301.20, or bad faith as defined in Asb 301.09;

 

            (b)  Unsworn falsification in procuring, or attempting to procure, DRA certification, or recertification;

 

            (c)  The allowance, by a person with DRA certification, of the performance of work by:

 

(1)  An individual who is not DRA-certified; or

 

(2)  An individual where the work is above their certification level;

 

          (d)  Negligent or willful acts performed in a manner inconsistent with the health or safety of persons under their supervision;

 

          (e)  Misconduct as defined in Asb 301.36 or violation of any applicable NH property assessing statutes, Asb 300 or Rev 600;

 

          (f)  The practice of sale chasing, as defined in Asb 301.49;

 

          (g) Suspension or decertification similar to one issued under RSA 21-J:14-b, I-a(a)(1)(C), in another jurisdiction, without reinstatement of certification;

 

          (h)  Breaching a duty of confidentiality;

 

          (i)  Non-compliance with an individual’s right to know pursuant to RSA 91-A;

 

          (j)  Conviction within the past 5 years or since last certification of a class A misdemeanor or a felony, and failure to notify DRA of the conviction;

 

          (k)  Not notifying the DRA within 10 business days of suspension or decertification from:

 

(1)  Another jurisdiction similar to one issued under RSA 21-J;

 

(2)  The New Hampshire Association of Assessing Officials;

 

(3)  The International Association of Assessing Officers; or

 

(4)  The NH real estate appraisal board; and

 

          (l)  Not including any information about suspensions or decertification similar to one issued under RSA 21-J prior to becoming DRA-certified.

 

Source.  #8399, eff 7-28-05; ss by #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

PART Asb 308  SANCTIONS, SUSPENSIONS, DECERTIFICATIONS AND OTHER DISCIPLINARY ACTIONS

 

          Asb 308.01  Deceit-fraud, Bad Faith.  A person who has practiced deceit-fraud as defined in Asb 301.20, bad faith as defined in Asb 301.09, shall be, as the maximum penalty determined by the commissioner, decertified for a time period up to 5 years plus corrective action.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

          Asb 308.02  Unsworn Falsification.  A person who has practiced unsworn falsification in procuring, or attempting to procure, DRA certification shall be, as the maximum penalty determined by the commissioner, prevented from applying again up to a period of 2 years.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly provision of Asb 308.01)

 

          Asb 308.03  Work Performance.  A person with current DRA certification, who delegates work to either an individual who is not DRA-certified or an individual where the work is above their certification level shall be, as the maximum penalty determined by the commissioner, suspended up to a time period of 3 months.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 308.02)

 

          Asb 308.04 Negligence.  A person with DRA certification who performs negligent or willful acts in a manner inconsistent with the health or safety of persons under the person’s supervision shall be, as the maximum penalty determined by the commissioner, suspended for a time period of up to 5 years plus corrective action.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

          Asb 308.05  Misconduct, Statute or Rule Violations.  The penalty for misconduct that affects the practice of assessing or violation of any NH applicable property assessing statutes, Asb 300 or Rev 600 rules shall be, as the maximum penalty determined by the commissioner, decertification for a time period up to 5 years plus corrective action.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19

 

          Asb 308.06  Sales Chasing.  A person with DRA certification who performs sales chasing shall be, as the maximum penalty determined by the commissioner, decertification for a time period up to 5 years plus corrective action.

 

Source.  #12776, eff 5-9-19

 

          Asb 308.07  Other Jurisdictions.  Suspension or decertification similar to one issued under RSA 21-J:14-g, in another jurisdiction, without reinstatement of certification, shall be, as the maximum penalty determined by the commissioner, decertification for a time period up to 5 years plus corrective action.

 

Source.  #10093, eff 2-28-12 ss by #12776, eff 5-9-19 (formerly Asb 308.06)

 

          Asb 308.08  Breach of Confidentiality.  The penalty for breaching duty of confidentiality shall be, as the maximum penalty determined by the commissioner, decertification for a time period up to 5 years plus corrective action.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 308.07)

 

          Asb 308.09  Right to Know.  Non-compliance with an individual’s right to know pursuant to RSA 91-A, shall be, as the maximum penalty determined by the commissioner, suspension for a time period up to 6 months.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 308.08)

 

          Asb 308.10  Past Convictions.  The penalty for a conviction within the past 5 years or since last certification shall be, as the maximum penalty determined by the commissioner:

 

          (a)  Suspension up to 5 years for a Class A misdemeanor; and

 

          (b)  Decertification for a felony.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 308.09)

 

          Asb 308.11  Notifying the DRA.  A DRA-certified person who does not notify the DRA within 10 business days of suspension or decertification similar to one issued under RSA 21-J:14-g, the New Hampshire association of assessing officials, the international association of assessing officers, or the NH real estate appraisal board, shall be, as the maximum penalty determined by the commissioner, decertification  for a time period up to 5 years plus corrective action.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 308.10)

 

          Asb 308.12  Non-Reporting.  A person who does not include any information about suspensions or decertification similar to one issued under RSA 21-J:14-g prior to becoming DRA-certified shall be prohibited from applying for certification for up to 2 years.

 

Source.  #10093, eff 2-28-12; ss by #12776, eff 5-9-19 (formerly Asb 308.11)

 

          Asb 308.13  Commissioner’s Determination.  In determining the penalty to be imposed under Asb 308.01 through Asb 308.12, the commissioner shall utilize the following factors:

 

          (a)  The DRA certification level and years of experience;

 

          (b)  Whether the offense is a first time occurrence;

 

          (c)  Whether the offense is one in a series of first time offenses;

 

          (d)  Whether the offense is a repeat of the same offense;

 

          (e)  Whether one or more offenses were committed either at the same time or during the time period between when the complaint of misconduct was received and the commissioner’s determination;

 

          (f)  Other action such as, but not limited to, requiring successful completion of a course or class; and

 

          (g)  Any further information that would be helpful in reaching a determination.

 

Source.  #12776, eff 5-9-19; ss by #12776, eff 5-9-19 (formerly Asb 308.12)

 

          Asb 308.14  Discipline Imposed.  Discipline imposed upon a DRA-certified person under Asb 308 shall be intended to be the minimum sanction or sanctions, both in type and extent, that the commissioner believes will, based upon the unique facts and circumstances of each act of misconduct:

 

          (a)  Protect the public; and

 

          (b)  Deter both the DRA-certified person charged and any other DRA-certified person from engaging in such misconduct in the future.

 

Source.  #12776, eff 5-9-19); ss by #12776, eff 5-9-19 (formerly Asb 308.13)

 

      Asb 308.15  Public Disclosure.  Notwithstanding any other confidentiality requirement of rule or law, all findings and decisions denoting the amount and type of discipline imposed shall be made available to the public.

 

Source.  #12776, eff 5-9-19

 


Appendix

 

Rule

Specific State Statute the Rule Implements

Asb 101.01

RSA 21-J:14-a; 541-A:16, I (a)

Asb 101.02

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 101.03

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 101.04

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 101.05

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 102.01

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 102.02

RSA 21-J:14-b; RSA 541-A:16, I (a)

Asb 103.01

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 103.02

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 104.01

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 104.02

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 104.03

RSA 21-J:14-b, I; 541-A:16, I (a)

Asb 104.04

RSA 21-J:14-b, I, (f); 541-A:16, I (a)

Asb 104.05

RSA 21-J:14-b, I, (f); 541-A:16, I (a)

Asb 104.06

RSA 21-J:14-b, I, (f); 541-A:16, I (a)

Asb 104.07

RSA 21-J:14-b, I, (f); 541-A:16, I (a)

Asb 104.08

RSA 21-J:14-b, I, (f); 541-A:16, I (a)

 

 

Asb 201.01

RSA 21-J:14-b, I

Asb 202.01

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 202.02

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 203.01

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 203.02

RSA 21-J:14-b, I & II; 541-A:11; 541-A:16, I (b) (3)

Asb 203.03

RSA 21-J:14-b, II; 541-A:11; 21:32; 541-A:16, I (b) (3)

Asb 203.04

RSA 21-J:14-b, I; 541-A:6; 541-A:16, I (b) (3)

Asb 203.05

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 203.06

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 203.07

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 203.08

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 203.09

RSA 21-J:14-b, I; 541-A:16, I (b) (3)

Asb 204.01

RSA 21-J:14-b, I; 541-A:16, I (d)

Asb 204.02

RSA 21-J:14-b, I; 541-A:16, I (d)

Asb 204.03

RSA 21-J:14-b, I; 541-A:16, I (d)

Asb 204.04

RSA 21-J:14-b, I; 541-A:16, I (d)

Asb 205.01

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b); RSA 541-A:11, VII

Asb 205.02

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b); RSA 541-A:11, VII

Asb 206.01

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b)

Asb 206.02

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b)

Asb 206.03

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b)

Asb 206.04

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b)

Asb 206.05

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b)

Asb 206.06

RSA 21-J:14-b, I-a(b); RSA 541-A:16, I(b)

 

 

Asb 300

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II, RSA 21-J:14-g

Asb 301

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II

Asb 302.01 and Asb 302.02

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II

Asb 303.02-Asb 303.06

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II

Asb 304.03

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II

Asb 305.01

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II

Asb 306.01

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II

Asb 306.03

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II

Asb 307.01

RSA 21-J:14-b, I-a, RSA 21-J:14-f, II