Chapter 310-C: Assessing Certification Board

I. There is established an assessing certification advisory board ("board") within the office of professional licensure and certification, that shall advise the executive director of the office of professional licensure and certification on the implementation of this chapter.

II. The board shall be composed of the following members:

(a) The commissioner of the department of revenue or designee;

(b) One certified assessor supervisor appointed by the executive director of the office of professional licensure and certification; and

(c) One member who shall be a municipal governing body official who shall not be an assessor, and who is appointed by the executive director of the office of professional licensure and certification.

III. The members shall be appointed for 3-year terms and shall not serve more than 2 full terms.

I. Applications for original certification, renewal license or certification, and examinations shall be made in writing to the board on forms approved by the executive director of the office of professional licensure and certification.

II. Appropriate fees, as established by the executive director of the office of professional licensure and certification, shall accompany all applications for original license, certification, renewal license, renewal certification, reciprocal license, and reciprocal certification.

III. At the time of filing an application for certification or licensure, each applicant shall sign a pledge to comply with the standards set forth in this chapter and state that he or she understands the types of misconduct for which disciplinary proceedings may be initiated against a certified assessing official, as set forth in this chapter.

A person certified by the board under this chapter, shall, after a hearing, be subject to disciplinary action as provided in RSA 310-C:13 (repealed) for being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, sexual crimes, drug distribution, arson, physical violence, or any similar offense or offenses; provided that, for the purposes of this section being convicted shall include all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended.

I. There shall be the following classifications of certified assessing persons which shall meet the criteria set forth in the rules adopted by the assessing standards board or as may be adopted by the assessing certification board pursuant to RSA 21-J:14-f, IV:

(a) Certified building measurer and lister.

(b) Certified assessor assistant.

(c) Certified assessor.

(d) Certified assessor supervisor.

II. The application for original certification, or renewal certification shall specify the classification of certification being applied for or previously granted.

I. Every applicant for initial certification shall submit to the executive director a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the board.

II. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The executive director shall maintain the confidentiality of all criminal history records information received pursuant to this section.

III. The applicant shall bear the cost of a criminal history record check.

An original certification as a certified assessor supervisor may be issued to any person who has demonstrated through a written examination process that he or she meets the minimum requirements established by the board.

As prerequisites to taking the examination for certification as a certified assessor supervisor, an applicant shall present evidence, satisfactory to the board, of having completed the required classroom hours in subjects related to assessing for ad valorem property taxation from an educational source approved by the board.

I. An applicant for original certification shall possess such experience as the board shall require by rules adopted under RSA 541-A, for each level of certification requested.

II. Each applicant for certification shall furnish a signed, detailed listing of assessing experience for each year for which experience is claimed by the applicant pursuant to rules adopted under RSA 541-A.

I. Every nonresident applicant for certification under this chapter shall submit, with the application for certification, an irrevocable consent that service of process may be made by delivery of the process to the secretary of state if, in an action against the applicant in a court of this state arising out of the applicant's activities as a person required to be certified under this chapter, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.

II. A nonresident who has complied with paragraph I may obtain certification under this chapter by conforming to all of the provisions of this chapter relating to licensed or certified assessing personnel.

I. As a prerequisite to renewal of certification, an applicant shall present evidence satisfactory to the board of having met the continuing education requirements for this chapter.

II. The basic continuing education requirement for renewal of certification shall be the completion by the applicant, during the immediately preceding term of certification, of those courses and programs required by the board by rules adopted under RSA 541-A.

III. In lieu of meeting the requirements of paragraph II, an applicant for recertification may satisfy all or part of the requirements by presenting evidence of the following:

(a) Completion of an educational program of study determined by the board to be equivalent, for continuing education purposes, to courses approved by the board under paragraph II.

(b) Participation other than as a student in educational processes and programs approved by the board which relate to assessing theory, practices or techniques, including, but not necessarily limited to, teaching, program development and preparation of textbooks, monographs, articles, and other instructional materials.

IV. The board shall give favorable consideration to courses of instruction, seminars, and other assessing educational courses or programs previously or hereafter developed by or under the auspices of professional assessing organizations or other approved educational resources.

V. No amendment or repeal of a rule adopted by the board relative to this section shall operate to deprive a certified assessing person of credit toward renewal of certification for any course of instruction completed by the applicant prior to the amendment or repeal of the rule which would have qualified for continuing education credit under the rule as it existed prior to the repeal or amendment.

VI. Certification that has been revoked as a result of disciplinary action by the board shall not be reinstated unless the applicant presents evidence of completion of the continuing education required by this chapter. This requirement of evidence of continuing education shall not be imposed upon an applicant for reinstatement who has been required to successfully complete the examination for certified individuals as a condition to reinstatement of certification.

I. [Repealed.]

II. Certified assessing personnel shall place their assessing certificate number adjacent to or immediately below their signature whenever their signature is used in an assessment or in a contract or other instrument used by the certificate holder in conducting assessing activities.

The executive director of the office of professional licensure and certification shall adopt rules to establish fees for application and renewals of certification under this chapter, and for transcribing and transferring records and other services.

I. The executive director in consultation with the advisory board shall adopt rules pursuant to RSA 541-A, relative to:

(a) The eligibility requirements for the issuance of any initial certificate issued under this chapter, including the issuance of such certificates to applicants holding a currently valid certificate from the department of revenue administration or other authorization to practice in another jurisdiction.

(b) The eligibility requirements for the issuance of any temporary practice permit issued under this chapter.

(c) How an applicant shall be examined.

(d) How a certificate shall be renewed.

(e) Ethical standards required to be met by each holder of a certificate issued under this chapter and how such certificate may be revoked for violation of these standards.

(f) Standards for appraisal education programs and the issuance of evidence indicating satisfactory completion of such program.

(g) Establishing continuing education and experience requirements which comport with criteria set forth by the board.

(h) The conditions and requirements for granting a waiver to any rule adopted by the board.

II. The executive director of the office of professional licensure and certification shall adopt rules pursuant to RSA 541-A: relative to:

(a) The application procedure for the issuance of any initial or renewal certificate.

(b) The design and content of all forms required under this chapter.

(c) Establishing all fees required under this chapter.

(d) The conduct of investigations and procedures for the conduct of hearings consistent with the requirements of RSA 541-A.

(e) The requirements for public requests for information.