OCCUPATIONS AND PROFESSIONS
NEW HAMPSHIRE REAL ESTATE PRACTICE ACT
331-A:20 Programs of Study; Preparatory Education; Continuing Education.
I. An individual, institution, or organization seeking accreditation or renewal of accreditation to offer a preparatory or continuing education program of study shall meet criteria and submit documentation as required by the commission prior to approval. The commission shall require any individual, institution, or organization seeking accreditation or renewal of accreditation of a real estate course to submit documents, statements, and forms prior to approval.
II. In reviewing and approving an application for a continuing education course, the commission shall assess the content with the primary purpose of assuring that real estate licensees possess the knowledge, skills, and competence necessary to perform the licensee's duties in the real estate business. The subject matter of the course must be directly related to real estate practice in New Hampshire. Continuing education courses shall consist of the following:
(a) Continuing education 3-hour core courses shall cover, but not be limited to, changes in state and federal laws dealing with real estate brokerage, housing, financing of real property and consumer protection as well as changes in state enabling laws dealing with zoning and subdivision practices. The core courses shall be designed to assist the licensee in keeping abreast of changing laws, rules and practices which will affect the interest of the licensee's clients or customers.
(b) Continuing education elective courses shall cover, but not be limited to, property valuation, construction, contract and agency law, ethics, financing and investment, land use and zoning, property management, taxation, environmental issues, and supervision and office management. The elective courses shall be designed to assist the licensee in keeping abreast of changing laws, rules, and practices which affect the interest of the licensee's clients or customers.
III. The commission shall establish a program of continuing education for license renewal to be administered in at least 5 geographical locations including, but not limited to, locations in or near Berlin, Concord, Keene, Nashua and Portsmouth, depending upon local requirements and the ability to engage accredited individuals, corporations or educational institutions.
IV. The commission may establish a fee for educational program evaluation.
V. Any individual, institution, or organization offering a preparatory or continuing education program who commits any of the following acts, conduct, or practices shall, after a hearing under RSA 331-A:30, be subject to disciplinary action as provided in RSA 331-A:28:
(a) Obtaining or attempting to obtain an accreditation or re-accreditation by means of fraud, misrepresentation, or concealment.
(b) Violating any of the provisions of this chapter, or any rules adopted or order issued pursuant to this chapter.
(c) Advertising the availability of accredited courses in a false, misleading, or deceptive manner.
(d) Failing to include in any advertisement the individual, institution, or organization's legal name or reasonable derivative thereof accredited to teach the course.
(e) Offering or providing a course with curriculum or subject matter which is not the curriculum or subject matter submitted for accreditation.
(f) Engaging in conduct which demonstrates incompetence.
(g) Providing an affidavit of completion of an accredited course to a licensee or a potential licensee who has not completed the required hours of such course.
(h) Providing outdated, inappropriate, or inaccurate teaching materials or information.
(i) Receiving poor student evaluations or commission audits.
(j) Failing to take corrective action toward unsatisfactory performance or issues identified in commission audits.
(k) Demonstrating unprofessional conduct as defined by RSA 331-A:2, XV, or, when presenting a course to licensees or potential licensees, engaging in inappropriate conduct.
(l) Discriminating against an individual based on age, sex, race, creed, color, marital status, physical or mental disability, religious creed, national origin, or sexual orientation.
(m) Offering or providing a course for credit that has not yet been accredited or whose accreditation has expired.
(n) Failing to preserve, for at least 3 years from the beginning date of an accredited course, attendance records, documentation, and materials relating to the course.
Source. 1993, 348:1. 2000, 311:11. 2005, 286:13, 14. 2010, 304:7. 2014, 261:3, eff. Sept. 26, 2014.