310-C:13 Disciplinary Proceedings. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) Procuring or attempting to procure a certificate pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for certification or through any form of fraud or misrepresentation.
(b) Failing to meet the minimum qualifications established by this chapter.
(c) Paying compensation, including money or any other thing of value, other than as provided for by this chapter, to any member of or employee of the board to procure a certificate under this chapter.
(d) A conviction of a crime which is substantially related to the qualifications, functions, and duties of a person developing assessments and communicating assessments to others.
(e) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the license or certificate holder or another person or with the intent to substantially injure another person.
(f) Violation of any of the standards for the development or communication of assessment as provided in this chapter.
(g) Failure or refusal without good cause to exercise reasonable diligence in developing an assessment, preparing an assessment or communicating an assessment.
(h) Negligence or incompetence in developing an assessment, in preparing an assessment, or in communicating an assessment, as determined by the board.
(i) Disregarding or violating any of the provisions of this chapter or the rules of the assessing standards board or the rules adopted by the assessor certification board, or violating of any applicable New Hampshire property assessing statutes, or violating the right-to-know law.
(j) Accepting an assignment when the employment itself is contingent upon the assessor reporting a predetermined estimate, analysis or opinion, or where the fee to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the assignment.
(k) Violating the confidential nature of governmental records to which he or she gained access through employment or engagement as an assessor by a governmental agency.
(l) Disregarding or violating the Code of Ethics and Standards of Professional Conduct, Re-adopted by the New Hampshire Assessing Standards Board on March 9, 2018, or the Uniform Standards of Professional Appraisal Practice (USPAP) ethical and professional conduct standards in effect at the time of the assessing assignment.
III. The board, upon making an affirmative finding under paragraph II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a certification, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a certificate.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a certified assessor for a period of time specified by the board.
(f) By assessing a fine of not more than $2,000 per violation or, in the case of a continuing violation, $100 for each day the violation continues, whichever would be greater.
(g) By taking any combination of the preceding actions, relating to any certified individual, in accordance with the provisions of this chapter.
Source. 2022, 267:1, eff. Jan. 1, 2023.