Rev 600

CHAPTER Rev 600 PROPERTY APPRAISAL

Statutory Authority: RSA 21-J:13 and RSA 21-J:11

PART Rev 601 DEFINITIONS

Rev 601.01 “Appraiser” means any person, firm, or corporation who appraises property for taxation purposes and meets one of the following conditions:

(a) Is approved by the New Hampshire department of revenue administration as referenced in Asb 303; or

(b) Statutorily given the authority to appraise property pursuant to RSA 75:1 and RSA 81:1.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.02 “Appraisal” means an estimate of value for a property.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.03 "Assessing officials " means:

(a) Governing body or assessors of a municipality; or

(b) County commissioners of an unincorporated place.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05 (formerly Rev 603.01 (a))

Rev 601.04 “Assessment” means the value given a property for the municipality’s tax warrant.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.05 “Commissioner” means the commissioner of the department of revenue administration or the commissioner’s designee.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.06 "Company" means the person, firm or corporation with which the municipality is contracting.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05 (formerly Rev 603.01 (b))

Rev 601.07 "Contract" means any agreement pursuant to Rev 602.02 between the municipality and the company for making appraisals on behalf of a municipality in the State of New Hampshire or for any assessment services in the State of New Hampshire.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05 (formerly Rev 603.01 (c))

Rev 601.08 “Cyclical revaluation” means the process of performing a full revaluation utilizing a systematic measure and listing of all properties over 3, 4, or 5 years and full statistical updates, analyses, and ratio studies, as prescribed in Rev 602.06 and Rev 602.07, performed in the year that new market values are applied.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.09 “Department (DRA)” means the department of revenue administration.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.10 “DRA certified” means a level of expertise reached or maintained by a person who has met the criteria set forth by the assessing standards board in their Asb 300 rules.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.11 “Full revaluation” means a complete measure, listing and valuation of all taxable and nontaxable properties in a municipality with or without use of, or access to, existing or prior appraisal data.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05 (formerly Rev 603.01 (d))

Rev 601.12 “Improvement” means anything done to a property that affects the value.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.13 "Listing" means recording a description of the interior and exterior attributes of any improvements.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05 (formerly Rev 601.03 (f))

Rev 601.14 "Market value" means the value of a property that meets the following criteria:

(a) Is the most probable price, not the highest, lowest or average price;

(b) Is expressed in terms of money;

(d) Implies that both buyer and seller are informed of the uses to which the property may be put;

(e) Assumes an arm’s length transaction in the open market;

(f) Assumes a willing buyer and a willing seller, with no advantage being taken by either buyer or seller; and

(g) Recognizes both the present use and the potential use of the property.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.15 "Mass appraisal" means the process of valuing a group of properties as of a given date, using standard methods, employing common data and allowing for statistical testing.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05 (formerly Rev 603.01 (g))

Rev 601.16 "Measure" means a physical inspection and recording and sketching of the exterior dimensions of any improvements.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05 (formerly Rev 603.01 (h))

Rev 601.17 “Monitoring” means reviewing the accuracy of appraisals by inspecting, evaluating and testing all or part of the data collected for the municipality by their appraisers. This term includes monitored.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.18 "Municipality" means a city, town, or unincorporated place.

Source. #1499, eff 12-06-79; amd by #1978; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; amd by #4114, eff 8-20-86; amd by #4768, eff 2-26-90, EXPIRED: 2-26-96

New. #8501, eff 12-01-05

Rev 601.19 "Operation" means the logging job for which a Form PA-7, “Notice of Intent to Cut Wood or Timber,” has been filed, or is required to be filed.

Source. #8501, eff 12-01-05

Rev 601.20 "Owner" means “owner” as defined by RSA 79:1, II(a).

Source. #8501, eff 12-01-05

Rev 601.21 “Partial revaluation” means a valuation of:

(a) A specified portion of a municipality or any individual property or properties using a full data collection effort completed with or without use of or access to existing or prior appraisal data; or

(b) A specified portion of a municipality using less than a complete data collection effort.

Source. #8501, eff 12-01-05

Rev 601.22 “Pick-ups” means those properties throughout a municipality having values adjusted due to:

(a) New constructions;

(b) Demolitions;

(d) Subdivisions;

(e) Current use changes; or

(f) Exemptions and credits.

Source. #8501, eff 12-01-05

Rev 601.23 “Revaluation” means the process of valuing a group of properties within a municipality using standard appraisal methods and allowing for statistical testing whether it is:

(a) Full with a complete measure, listing and valuation of all taxable and nontaxable properties in a municipality with or without use of, or access to, existing or prior appraisal data;

(b) Partial with a specified portion of a municipality or any individual properties using either a full data collection effort completed with or without use of, or access to, existing or prior appraisal data or less than a complete data collection effort; or

(c) A statistical update analyzing market sales throughout the entire municipality to identify and implement needed value changes to the affected areas or classes of property.

Source. #8501, eff 12-01-05

Rev 601.24 "Statistical update" means to maintain proportionality by analyzing market sales throughout the entire municipality to identify and implement needed value changes to the affected areas or classes of property.

Source. #8501, eff 12-01-05

PART Rev 602 CONTRACT REQUIREMENTS, COMPLIANCE AND SATISFACTION

Rev 602.01 Submission of Appraisal Contracts.

(a) A contract shall be required for any assessment services that result in the making of appraisals on behalf of a municipality for tax assessment purposes including, but not limited to:

(1) Any revaluation;

(2) Statistical updates, statistical analyses or ratio studies; or

(3) Data verification.

(b) Individuals, conducting appraisals for property tax purposes, and who are not employees of municipalities as evidenced by a valid W-2 Form issued for federal income tax purposes, shall submit to the department a copy of the written contract, signed by the contracting official(s) and the company official, setting forth the services to be performed.

(c) Individuals shall not commence work as described in Rev 602.01(a), above, before submitting a copy of the contract to the department for review in accordance with Rev 602.02 through Rev 602.17.

(d) The company shall provide the department with the names of all personnel assigned to work under the contract and the level of certification for each person.

(e) The governing body, company and the department shall, upon request by any party, hold a pre-appraisal conference to identify or review all services to be performed under the contract.

Source. #1553, eff 3-25-80; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; ss by #4977, eff 11-14-90, EXPIRED: 11-14-96

New. #6410, eff 12-25-96, EXPIRED: 12-25-04

New. #8501, eff 12-01-05

Rev 602.02 BTLA or Court Ordered Appraisal Contracts.

(a) The contract shall include whether the contract is for:

(1) A full revaluation;

(2) A partial revaluation;

(3) A statistical update;

(4) Cyclical revaluation; or

(5) Other assessment services as specified.

(b) The contract shall include:

(1) The municipality’s:

a. Name;

b. Mailing address; and

c. E-mail address, if applicable;

d. Telephone and fax numbers; and

e. Contracting official (s);

(2) The company’s:

a. Name;

b. Mailing address;

c. Principal place of business if different from b. above;

d. E-mail address, if applicable;

e. Telephone and fax numbers;

f. The name and title of person authorized to sign the contract for the company; and

g. Type of business organization, whether:

1. Proprietorship;

2. Limited liability company;

3. Corporation; or

4. Other, to be specified;

(3) The date the company shall complete all work and deliver the same in final form to the assessing officials;

(4) The amount of the penalty per day that shall be paid by the company for each day required for completion of the contract beyond the completion date stated in (3), above;

(5) A list of products to be delivered and dates of delivery thereof; and

(6) A provision for the party responsible for supplying any needed office space, furniture, and equipment required for work to be performed under the contract.

Source. #1533, eff 3-25-80; ss by #2153, eff 10-10-82; ss by #2880, eff 10-19-84; ss by #4977, eff 11-14-90, EXPIRED: 11-14-96

New. #6410, eff 12-25-96, EXPIRED: 12-25-04

New. #8501, eff 12-01-05

Rev 602.03 Personnel. The BTLA or court ordered contract shall specify personnel requirements placed upon the company, as follows:

(a) For the grading, classifying, appraising and data collection of all property covered by the contract, the company shall only employ personnel who are:

(1) Certified by the department, in accordance with Asb 300 for the work they will be performing; and

(2) Approved by the municipality; and

(b) The company shall:

(1) Not compensate, in any way, a municipal official, employee or any immediate family member of such official or employee in the performance of any work under this contract; and

(2) Ensure that the DRA certified assessor supervisor be present on the revaluation site a specified minimum percentage of the time for a revaluation contract.

Source. #8501, eff 12-01-05

Rev 602.04 Public Relations and Disclosure During Performance of the BTLA or Court Ordered Contract. A revaluation contract shall contain the following requirements for public relations and disclosure to be met during the performance of the contract:

(a) All publicity and news releases shall be approved by the assessing officials before being released to the news media;

(b) The company, upon request of the municipality, shall provide assistance in conjunction with the municipal officials to acquaint the public with the mechanics and purpose of the revaluation; and

(1) Disclose any preliminary values to anyone except the assessing officials and the commissioner, or their respective designees; or

(2) Permit anyone to use or peruse any data on file during the course of a revaluation project, with the exception of the department and anyone authorized by the municipality until the revaluation is completed pursuant to Rev 602.20.

Source. #8501, eff 12-01-05

Rev 602.05 Consideration for BTLA or Court Ordered Contracts. The contract shall include:

(a) The amount of consideration to be paid by the municipality to the appraisal company for services performed pursuant to the agreement;

(b) The amount of consideration to be paid by the municipality for services to defend appeals, if not included in (a) above, quoted on a daily or hourly basis plus expenses;

(d) The manner and time schedule in which the municipality shall make payments to the company; and

(e) A minimum of 10% retainage to be withheld from the company for a revaluation contract, until:

(1) All of the terms of the contract have been satisfied in accordance with Rev 602.20 (a) through (d); and

(2) The department has completed its final monitoring report.

Source. #8501, eff 12-01-05

Rev 602.06 Specific Services to Be Performed by the Company. A BTLA or court ordered revaluation contract shall list the following specific services to be performed by or provided by the company:

(a) Development and use by the company of valuation tables and data unit costs as follows:

(1) An investigation and analysis of the costs of residential, commercial and industrial construction in the area;

(2) Conduct tests using the unit costs against company preliminary values, and available sales of property for which the building costs are known in order to ensure accuracy before using such unit costs;

(3) Valuation tables consisting of unit base prices based upon:

a. Definite specifications for improvements of various types;

b. Quality of construction; and

c. The building customs and practices in the community;

(b) The valuation tables in (a) (3) above shall include various story heights and square foot areas adequate for the valuation of all types of buildings and land improvements, with tables for additions and deductions for variations from base specifications;

(1) Details the cost tables, land schedules and depreciation tables used for the valuation of residential, commercial, industrial, manufactured housing and exempt properties complete or accompanied by the supporting documentation and analysis;

(2) Is bound so as to allow for repeated use, such as by using a 3 ring binder;

(3) Is retained by the municipality until the next revaluation; and

(4) Upon request by the department, is provided to the department with an agreed upon cost to be borne by the department;

(d) Company prepared instructions for the assessing officials to:

(1) Understand the valuation methodologies to effectively use the manual; and

(2) Understand of the appraisal system being utilized;

(e) Company prepared separate 8 ½ x 11 inch property record card for each parcel of property in the municipality arranged to show:

(1) The owner's name, street number, or other designation of the property;

(2) The owner's mailing address;

(3) All information necessary for:

a. Determining the land value;

b. Determining the land classification;

c. Determining the value of the improvements on the land;

d. Description of the improvements;

e. Pricing detail;

f. Depreciation allowed for physical, functional and economic factors; and

g. Inclusion of an outline sketch of all principal improvements with dimensions; and

(4) Initials of the employee associated with the inspection history for the property;

(f) Any company coding used on the card shall be clearly explained in writing elsewhere, on the card, or on an attachment thereto; and

(g) Monthly progress reports to the municipality with a copy of the reports mailed or delivered to the department.

Source. #8501, eff 12-01-05

Rev 602.07 Sales Surveys. A BTLA or court ordered revaluation contract shall contain criteria for sales surveys, as follows:

(a) Sales data validated by a DRA certified property assistant under the guidance of a DRA certified property assessor, or DRA certified property assessor supervisor pursuant to Asb 304.02;

(b) A municipality provided copy of all property transfers for a minimum of 2 years immediately preceding the effective date of the revaluation for the company;

(c) The company shall conduct an analysis of the property transfers in the municipality to determine indications of values of land, improvements and total property values;

(d) The analysis in (c) above shall include:

(1) Documentation of the method employed; and

(2) Examples of the analyses;

(e) The company's sales survey shall be prepared by the DRA certified property assessor supervisor;

(f) The survey shall include:

(1) A review of all property transfers provided by the municipality to the company;

(2) A compilation of all property transfers into a sales survey book with appropriate notations for those sales not used in the analysis of indications of value accompanied by:

a. A photocopy or printout of the assessment record card for each property transferred; and

b. A photograph of the principal improvements attached thereto;

(3) Verification of the sales price, terms of the sale, and date of sale by a notation to that effect on the property record card;

(4) Estimated land values with the documented results, as follows:

a. From land only sales whenever possible; and

b. In the absence of an adequate number of land sales, the DRA certified property assessor supervisor may use the land residual method to assist in the determination of land unit values;

(5) On the analysis portion of the sales survey:

a. The sale price; and

b. Support adjustments made in detail that is understandable by the municipal officials and taxpayers; and

(6) The indicated land values be documented as:

a. Site;

b. Front or square foot;

c. Front acre;

d. Rear acre units; or

e. Other appropriate units of comparison;

(7) The sales and analysis used to indicate unit values with the documentation of the method employed and any special location factors; and

(8) Maps showing the neighborhood and location of the pertinent sales; and

(g) The sales survey shall:

(1) Be available to the municipality and the department prior to acceptance of the new values by the municipality;

(2) Be mailed, in its final form, to both the municipality and the department at the completion of the revaluation; and

(3) Become property of the municipality and the department.

Source. #8501, eff 12-01-05

Rev 602.08 Informal Reviews.

(a) A BTLA or court ordered revaluation contract shall state that informal reviews shall be conducted if the governing body or the department requests a review on:

(1) Full revaluations;

(2) Statistical updates;

(3) Partial revaluations that result in value changes;

(4) Any combination of (1) through (3) above; or

(5) Cyclical revaluation but only in the year that new values are applied.

(b) When a BTLA or court ordered revaluation takes place, the company shall mail by first class to all property owners, the notification of the assessed value of the property by sending to the property owner either of the following:

(1) A list of all property owners and the valuations of all properties in the municipality; or

(2) A letter stating the newly estimated value of the property and the locations of the posted lists.

(1) Publish a list showing all property values within the municipality in a newspaper of general circulation for the entire municipality; or

(2) In lieu of (1) above, post in 2 public places, a list showing all property values within the municipality.

(d) The company shall notify all property owners, by first class mail of the following:

(1) The date, time and location of the informal review; and

(2) Instructions for obtaining an informal review.

(e) The company shall conduct an informal review of the newly estimated property values to all property owners who request such review in accordance with (d)(2), above.

(f) Not withstanding Rev 602.04(c) (2), the company shall make available to all property owners the documentation related to their individual valuation(s).

(g) The company shall notify by first class mail, all property owners of the disposition of their informal review.

Source. #8501, eff 12-01-05

Rev 602.09 Application for Abatement. A BTLA or court ordered revaluation contract shall contain the following procedures for the filing and handling of application for abatement:

(a) The application for abatement shall be available to the property owners from the assessing officials;

(b) A property owner applying for an abatement shall file a written appeal with the assessing officials by March 1 following the notice of tax in accordance with RSA 76:16;

(c) If the property owner is dissatisfied with the decision of the assessing officials or does not receive a decision, pursuant to RSA 76:16-a, the property owner may:

(1) File an appeal by September 1, pursuant to RSA 76:16-a to:

Board of Tax and Land Appeals

107 Pleasant Street

Concord, New Hampshire, 03301; or

(2) Petition the superior court in the county in which the property is located, pursuant to RSA 76:17;

(d) When a property owner timely files an appeal of their assessment to the board of tax and land appeals or superior court, the company shall provide a representative to support the appraised values; and

(e) If the assessing officials change any value appraised by the company, the company shall only be responsible for providing a representative to support their original valuation.

Source. #8501, eff 12-01-05

Rev 602.10 Valuation of All Property. A BTLA or court ordered revaluation contract shall contain the following specifics of how the company collects all property data:

(a) The exterior and interior of every principal building shall be accurately measured and listed;

(b) The exterior of every appurtenant building shall be accurately measured;

(1) A note of the date and time; and

(2) A second attempt to inspect the property;

(d) If a second attempt to inspect the property is unsuccessful, the company shall:

(1) Send a letter to the property owner requesting the property owner call within a time frame agreed upon by the municipality and the company to arrange an interior inspection; or

(2) Leave a notification card at the property, requesting the property owner to call within a time frame agreed upon by the municipality and the company and arrange an inspection;

(e) If the company is not notified within the prescribed time frame stipulated in (d) (1), above, they shall notify the assessing officials that the property was not accessed;

(f) The assessing officials, when notified in accordance with (e), above, shall:

(1) Attempt to make arrangements for the interior inspection of the property; and

(2) Notify the company within 10 working days of whether or not inspection arrangements, were made;

(g) If the assessing officials are not able to arrange an interior inspection, the company shall:

(1) Estimate the value of the improvements using the best evidence available; and

(2) Annotate the property record card accordingly;

(h) The company shall make a 100% interior inspection except when:

(1) The owner has refused access to the company;

(2) Structures are unsafe;

(3) Inhabitants appear dangerous or threatening;

(4) No response to the notification has been made pursuant to (d) and (e), above; and

(5) Any other reason for which the assessing officials agree that the property is inaccessible;

(i) The company shall show on the property record card, or an attachment thereto a diagram of the principal improvements and their dimensions, with the street side or waterfront toward the bottom of the diagram; and

(j) Specific elements of construction shall be noted on the property record card, as follows:

(1) The quality of construction;

(2) The approximate age of the structure; and

(3) The specific details of the following features, as applicable:

a. Foundation;

b. Basement area;

c. Insulation;

d. Roofing;

e. Flooring;

f. Exterior cover;

g. Interior finish;

h. Fireplaces;

i. Heating and air conditioning systems;

j. Solar collectors;

k. Plumbing and plumbing fixtures;

l. Electric service;

m. The total number of rooms;

n. The total number of bedrooms;

o. Sprinkler systems;

p. Elevators; and

q. Any other features or improvements which would influence value.

Source. #8501, eff 12-01-05

Rev 602.11 How the Company Values Property. A BTLA or court ordered revaluation contract shall contain the following specifics of how the company values property:

(a) Replacement cost for the improvements shall be:

(1) Verified with local contractors as necessary;

(2) Computed using the unit costs; and

(3) Depreciated according to:

a. Physical condition;

b. Functionality; and

c. Economic depreciation;

(b) The amounts of physical, functional and economic depreciation shall be accounted for separately or, in combination, on each property record card with documentation available as provided for in Rev 602.06 (c) (1);

(c) The income and expenses from rentals may be analyzed to establish an estimate of rent capitalization to be used as a data comparison to other property indications of value, if:

(1) A residential property contains 4 or more separate apartments or residential areas; and

(2) The rental charges are at market level;

(d) Before the final values are estimated, a DRA certified property assessor supervisor as described in RSA 21-J:14-f, I and II, shall compare the preliminary values with the sales utilized in the sales survey to ensure all values reflect the market value as of April 1 of the year of revaluation; and

(e) When computations of the data obtained from the inspection have been completed, a final review shall be made by a DRA certified property assessor supervisor as described in RSA 21-J:14-f, I and II, parcel-by-parcel, block-by-block, to:

(1) Identify and correct any mechanical errors, unusual features or any influence on the final value, and

(2) Ensure all properties are valued at their highest and best use.

Source. #8501, eff 12-01-05

Rev 602.12 Services to Be Performed by the Municipality. A BTLA or court ordered revaluation contract shall contain the responsibilities of the municipality, as follows:

(a) The municipality shall notify the company, in writing, which properties within the taxing jurisdiction are exempt from taxation;

(b) The municipality shall furnish to the company:

(1) Information pertaining to ownership of all property in the municipality;

(2) A set of current tax maps, zoning maps, charts, plans and sales information; and

(3) Additional copies if requested by the company;

(1) Keep the company informed of all sales of property taking place during the progress of the revaluation of which it has knowledge;

(2) Make corrections to tax maps as of April 1, of the revaluation year where lots have been subdivided or apportioned; and

(3) Notify the company of all ownership, name and address changes of which it has knowledge.

Source. #8501, eff 12-01-05

Rev 602.13 Utility Values. The company may, upon approval of the local assessing officials, use the values of public utility properties determined by:

(a) The department; or

(b) DRA certified individuals pursuant to RSA 21-J:14-f, I.

Source. #8501, eff 12-01-05

Rev 602.14 Indemnification and Insurance. A BTLA or court ordered revaluation contract shall contain indemnification and insurance statements, that read as follows:

"The company agrees to defend and indemnify the municipality, with which it is contracting, against claims for bodily injury, death and property damage which arises in the course of the company's performance of the contract and with respect to which the municipality, with which it is contracting, shall be free from negligence on the part of itself, its employees and agents;

The company shall not be responsible for consequential or compensatory damages arising from the late performance or nonperformance of the agreement caused by circumstances which are beyond the company's reasonable control;

The company shall maintain public liability insurance, automobile liability insurance and workmen's compensation insurance unless the company is not required to do so by New Hampshire state law;

The public liability insurance shall be in the form of commercial general liability with the inclusion of contractual liability coverage and shall provide limits of:

$1,000,000 each person;

$1,000,000 each occurrence for bodily injury liability, and

$1,000,000 each occurrence for property damage liability; and

The automobile liability insurance shall be in the form of comprehensive automobile liability and shall provide limits of:

$1,000,000 each person; and

$1,000,000 each occurrence for bodily injury liability; and

The company shall provide to the municipality and the department:

Certificates of insurance by a State of New Hampshire licensed insurer confirming the required insurance coverages for the municipality with which the appraisal company is contracting; and

A 10 day advance written notice of the cancellation or material change in the required insurance coverage."

Source. #8501, eff 12-01-05

Rev 602.15 Performance Bond.

(a) A BTLA or court ordered revaluation contract shall contain a performance bond statement, which shall read as follows:

"The company, before starting any revaluation work, shall deliver an executed bond or irrevocable letter of credit in favor of the municipality with which it is contracting to assure faithful and satisfactory performance of the contract, and provide a copy to the department of revenue administration. The amount of such bond or letter of credit shall be no less than the amount of consideration to be paid by the municipality to the company for services to be performed pursuant to PART Rev 602, and shall not expire before final values are submitted to and accepted by the assessing officials in accordance with Rev 602.20."

(b) In the event the contract provides that the municipality shall make no payment until completion of the contract provided in Rev 602.20 (a) through (e), no performance bond shall be required.

Source. #8501, eff 12-01-05

Rev 602.16 Estimated Size of Revaluation. A BTLA or court ordered revaluation contract shall contain a statement as to the estimated size of the revaluation to read as follows:

"It is agreed between the parties that the entire revaluation consists of an estimate of ________ parcels, as defined by RSA 75:9. In the event that the number of parcels should exceed _____% of this estimate, the company shall be entitled to additional remuneration of __________ per parcel."

Source. #8501, eff 12-01-05

Rev 602.17 Addendums, Amendments and Appendixes. A BTLA or court ordered revaluation contract shall contain a statement relative to addendum, amendments and appendixes, to read as follows:

"ADDENDUMS, AMENDMENTS AND APPENDIXES: Addendums, amendments and appendixes may be added only by separate instrument in writing and shall meet all requirements of Rev 602."

Source. #8501, eff 12-01-05

Rev 602.18 Signatures. A contract shall be signed and witnessed by:

(a) The appropriate authorized municipal official;

(b) The company representative authorized to sign contracts; and

Source. #8501, eff 12-01-05

Rev 602.19 Beginning Appraisal Work For All Contracts. The company shall not commence appraisal work until they have:

(a) Submitted to the commissioner:

(1) A copy of the contract; and

(2) The names and qualifications of all personnel to be employed under the contract;

(b) Satisfied the provisions of the prevaluation conference in Rev 602.01(e); and

(c) In the case of a board of tax and land appeals order or court ordered revaluation, not commence appraisal work until:

(1) The commissioner or commissioner’s designee indicates approval by signature; and

(2) Indemnification and insurance statements as described in Rev 602.14 and performance bond as described in Rev 602.15 have been submitted.

Source. #8501, eff 12-01-05

Rev 602.20 Contract Satisfaction For All Contracts.

(a) The terms of a revaluation contract shall be considered satisfied when:

(1) The informal review of assessments has been completed;

(2) The value adjustments are made;

(3) The final values are submitted to and accepted by the assessing officials;

(4) All products required by the contract are delivered to the municipality and the department; and

(5) The other terms of the contract are fulfilled.

(b) Contracts satisfaction shall include values that have been defended through the municipal abatement process as described under RSA 76:16 if requested.

Source. #8501, eff 12-01-05

PART Rev 603 MONITORING REQUIREMENTS

Rev 603.01 Pre-review Meeting.

(a) If a pre-review meeting is requested, pursuant to Rev 602.01(e), the meeting shall encompass:

(1) A review of specific contract terms and conditions;

(2) A review of time frames for all major contract terms and conditions;

(3) A review of specific guidelines in the collection of data;

(4) A review of how the department inspects, evaluates and tests for accuracy and compliance by the company;

(5) A review of how monitoring reports are filed;

(6) Confirmation that the company has an adequate and secure work space with necessary work materials;

(7) A review of the need for public notices informing taxpayers of:

a. The revaluation;

b. Informal hearings; and

c. The abatement process;

(8) A Review of company timelines; and

(9) A review of which steps during the revaluation that the department shall request information to monitor.

Source. #4768, eff 2-26-90; EXPIRED: 2-26-96

New. #6640, eff 11-27-97; EXPIRED 11-27-05

New. #8645, eff 6-1-06

Rev 603.02 Inspection of Collected Data.

(a) Samples of collected data shall be inspected by DRA personnel after data collection commences.

(b) Inspections of data collected shall be coordinated with the company’s project supervisor.

(d) The company shall establish, within 3 business days of receipt of the request, a delivery date either verbally or in writing.

(e) DRA personnel shall verbally contact the company if a delivery date is missed.

(f) If the follow up contact does not secure delivery of the documents, DRA personnel shall notify a supervisor or manager for resolution.

Source. #4768, eff 2-26-90; EXPIRED: 2-26-96

New. #6640, eff 11-27-97; EXPIRED 11-27-05

New. #8645, eff 6-1-06

Rev 603.03 Initial Sampling. An initial sampling of properties by DRA personnel shall include:

(a) All major strata or property types;

(b) Work product from all measurers and listers;

(d) Sale properties; and

(e) Properties with no recent or prior review.

Source. #4768, eff 2-26-90; EXPIRED: 2-26-96

New. #6640, eff 11-27-97; EXPIRED 11-27-05

New. #8645, eff 6-1-06

Rev 603.04 Evaluation of Company Data Collection Work.

(a) An evaluation of data collection work shall be completed by DRA personnel and filed with their supervisor.

(b) The evaluation in (a) above, shall be reviewed by the supervisor and sent to company’s project manager within 5 business days after review.

(d) The company shall have 30 days to respond to the department’s evaluation.

(e) Upon completion of the 30 day response period, the department shall forward the evaluation and company comments and corrections to the municipality.

Source. #4768, eff 2-26-90; EXPIRED: 2-26-96

New. #6640, eff 11-27-97; EXPIRED 11-27-05

New. #8645, eff 6-1-06

Rev 603.05 Analysis Test.

(a) The department shall test the analyses to establish the reasonableness of the results.

(b) Testing shall include:

(1) Comparing square foot costs listed in national cost service manuals to costs implemented by the company for similarity with those for:

a. Residential properties;

b. Commercial properties; and

c. Industrial properties;

(2) Comparing new property values to sales prices subsequent to the revaluation to evaluate company accuracy;

(3) Confirming that sales verification were performed by personnel qualified at that level on the department’s list of approved company employees; and

(4) Access the computer assisted mass appraisal system’s tables to verify documentation used to:

a. Generate land values;

b. Establish depreciation schedule; and

c. Establish adjustment factors.

Source. #4768, eff 2-26-90; EXPIRED: 2-26-96

New. #6640, eff 11-27-97; EXPIRED 11-27-05

New. #8645, eff 6-1-06

Rev 603.06 Final Report.

(a) A final report, pursuant to RSA 21-J:11-b, III, shall be issued by the department at the conclusion of all monitoring.

(b) The final report shall address the following stages of a revaluation:

(1) For stage 1:

a. A comparison of the final contract with the municipality’s request for a proposal;

b. A list of company employees approved by the department;

c. Liability insurance coverage;

d. Bonding to cover the cost of the revaluation;

e. Initial pre-review meeting; and

f. Public relations;

(2) For stage 2:

a. Data collection;

b. Quality control procedures; and

c. Call back compliance;

(3) For stage 3:

a. Valuation analyses;

b. Neighborhood delineation;

c. Valuation notice;

d. Informal hearings; and

e. Final value adjustments; and

(4) For stage 4:

a. Sales book of property sales within the look back period;

b. Sales ratio study; and

c. Time line adherence for all phases of the revaluation.

Source. #4768, eff 2-26-90; EXPIRED: 2-26-96

New. #6640, eff 11-27-97; EXPIRED 11-27-05

New. #8645, eff 6-1-06

PART Rev 604 FORMS

Rev 604.01 Form PA-7, Notice of Intent to Cut Wood or Timber.

(a) Form PA-7, “Notice of Intent to Cut Wood or Timber,” shall be filed with the local assessing officials by every owner, as defined in RSA 79:1, II (a), intending to cut wood or timber, pursuant to RSA 79:10.

(b) The local assessing officials shall retain a copy, and forward two copies to the department.

Source. #4615, eff 5-24-89; amd by #5229, eff 9-27-91; ss by #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907 eff 6-19-07 (from Rev 604.03)

Rev 604.02 Form PA-8, Report of Wood or Timber Cut.

(a) Form PA-8, “Report of Wood or Timber Cut,” shall be filed by the owner, pursuant to RSA 79:11, with:

(1) Local assessing officials of the municipality or municipalities where the timber was cut;

(2) New Hampshire department of revenue administration, property appraisal division, pursuant to RSA 79:11; and

(3) The forester or logger.

(b) In the event the owner sends all copies of Form PA-8 to a municipality, the local assessing officials shall distribute the copies in accordance with (a), above.

Source. 4615, eff 5-24-89; amd by #5229, eff 9-27-91; ss by #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.04)

Rev 604.03 Form PA-9, Certification of Yield Taxes Assessed. Form PA-9, “Certification of Yield Taxes Assessed,” shall be filed by the local assessing officials to certify, to the commissioner, the amount of yield taxes assessed, pursuant to RSA 79:19.

Source. 4615, eff 5-24-89; amd by #5229, eff 9-27-91; ss by #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.05)

Rev 604.04 Form PA-16, Application for Reimbursement to Municipalities in Which Federal and State Forest Land is Situated.

(a) Form PA-16, “Application for Reimbursement to Municipalities in Which Federal and State Forest Land is Situated,” shall be filed with the department by the local assessing officials to list the number of acres of national and state forest land on which reimbursement is requested, pursuant to RSA 227-H:13.

Source. #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.08)

Rev 604.05 Form PA-28, Inventory of Taxable Property.

(a) Form PA-28, “Inventory of Taxable Property,” shall be filed by property owners, with the assessing officials, on or before April 15th of each year in those municipalities which require the filing of an inventory, in accordance with RSA 74:4 and RSA 74:7.

(b) If the property owner wishes to obtain a receipt for having filed Form PA-28, he or she shall enclose a self-addressed, stamped envelope with the completed Form PA-28.

Source. #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.11)

Rev 604.06 Form PA-36, Discretionary Easement Application.

(a) Form PA-36, “Discretionary Easement Application,” as provided for in RSA 79-C:4, II, shall be filed with the governing body, as defined in RSA 21:48, by April 15 of the tax year the easement is to be granted.

(b) The following documentation shall accompany the application:

a. A map of the entire parcel, showing:

1. Location and orientation of the property; and

2. Overall boundaries and acreages of property indicating that property for which an easement is and is not requested; and

b. An appraisal to justify the value of the requested easement.

(c) Once the application is approved, and the easement document has been completed by the parties, the municipality shall record the agreement at the county registry of deeds at the cost of the property owner.

Source. #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.16)

Rev 604.07 Form PA-37, Discretionary Easement Release.

(a) The governing body, as defined in RSA 21:48, shall use Form PA-37, “Discretionary Easement Release,” to initiate a release of an easement, pursuant to RSA 79-C:8, if:

(1) The agreement has expired;

(2) A release is needed due to:

a. Expiration;

b. Property owner’s personal hardship; or

c. Other, with an explanation; or

(3) The agreement no longer meets the test of public benefit.

(b) All information on Form PA-37 shall follow the county registry of deeds requirements.

(1) The governing body shall retain a copy, forwarding the original to the tax collector; and

(2) The tax collector shall:

a. Send a copy to the taxpayer; and

b. Send the original to the county register of deeds, serving as notice that the discretionary easement agreement has either expired or been released.

Source. #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.17)

Rev 604.08 Form PA-36-A, Discretionary Preservation Easement Application.

(a) Form PA-36-A, “Discretionary Preservation Easement Application,” as provided for in RSA 79-D:4, II, shall be filed with the governing body, as defined in RSA 21:48, by April 15 of the tax year by the property owner(s) applying for a discretionary preservation easement.

(b) A map shall be included showing the historic agricultural structure’s:

(1) Location; and

(2) Square footage.

(c) Once Form PA-36-A is approved by the majority of the governing body, and the easement document has been completed by the parties, the municipality shall record the agreement within 60 days at the county registry of deeds at the cost of the property owner.

Source. #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.18)

Rev 604.09 Form PA-37-A, Discretionary Preservation Easement Release.

(a) The governing body, as defined in RSA 21:48, shall use Form PA-37-A, “Discretionary Preservation Easement Release,” to initiate a release of an easement, pursuant to RSA 79-D:8, if:

(1) The agreement has expired;

(2) A release is needed due to:

a. Expiration;

b. Property owner’s personal hardship; or

c. Other, with an explanation; or

(3) The agreement no longer meets the test of public benefit;

(b) All information on Form PA-37 shall follow the county registry of deeds requirements.

(1) The governing body shall retain a copy, forwarding the original to the tax collector; and

(2) The tax collector shall:

a. Send a copy to the taxpayer; and

b. Send the original to the county register of deeds, serving as notice that the discretionary preservation easement agreement has either expired or been released.

Source. #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.19)

Rev 604.10 Forms Availability. Forms shall be available from:

(a) Any municipality for easement forms;

(b) The department forms line at (603) 271-2192; or

Source. #5682, eff 8-5-93, EXPIRED: 8-5-99

New. #7075, eff 8-21-99; ss by #8907, eff 6-19-07 (from Rev 604.20)

APPENDIX

RULE	STATUTE

Rev 601.01	RSA 21-J:11, I and III, RSA 21-J:13, VI, RSA 75:1, RSA 81:1
Rev 601.02 - Rev 601.16	RSA 21-J:11, I and III, RSA 21-J:13, VI
Rev 601.17	RSA 21-J:11, I I, III
Rev 601.18 - Rev 601.19	RSA 21-J:11, I and III, RSA 21-J:13, VI
Rev 601.20	RSA 21-J:11, I, II and III, RSA 21-J:13, VI, RSA 79:1, II(a)
Rev 601.21 - Rev 601.24	RSA 21-J:11, I , II and III, RSA 21-J:13, VI

Rev 602.01 - Rev 602.20	RSA 21-J:11, I, III, RSA 21-J:13, VI

Rev 603.01 -- Rev 603.06	RSA 21-J:11, II and RSA 21-J:13

Rev 604.03 Renumbered to Rev 604.01	RSA 79:30, I
Rev 604.04 Renumbered to Rev 604.02	RSA 79:30, II
Rev 604.05 Renumbered to Rev 604.03	RSA 79:30, III
Rev 604.08 Renumbered to Rev 604.04	RSA 227-H:17
Rev 604.11 Renumbered to Rev 604.05	RSA 21-J:13, IX
Rev 604.16 Renumbered to Rev 604.06	RSA 79-C:18
Rev 604.17 Renumbered to Rev 604.07	RSA 79-C:18
Rev 604.18 Renumbered to Rev 604.08	RSA 79-D:14, I
Rev 604.19 Renumbered to Rev 604.09	RSA 79-D:14, I
Rev 604.20 Renumbered to Rev 604.10	RSA 21-J:13