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
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
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
c/o NH Department of Revenue
Administration
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,
(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
c/o NH Department of Revenue
Administration
(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,
(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,
(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
(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
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
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
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 |