reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-B - State Licensed or Certified Real Estate Appraisers › Section 310-B:23 - Retention of Records.

310-B:23 Retention of Records. –
I. A licensed or certified real estate appraiser shall retain for 5 years, all reports and supporting data assembled and formulated by the appraiser in preparing reports.
II. This 5-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the submittal of the appraisal to the client unless, within such 5-year period, the appraiser is notified that the appraisal or report is involved in litigation, in which event the 5-year period for the retention of records shall commence upon the date of the final disposition of such litigation.
III. All records required to be maintained under the provisions of this chapter shall be made available by the licensed or certified real estate appraiser for inspection and copying by the board, upon a showing of good cause, on reasonable notice to the appraiser.
Source.
1990, 167:3. 1991, 308:26, 27, eff. July 1, 1991.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-B - State Licensed or Certified Real Estate Appraisers › Section 310-B:23-a - Repealed by 2023, 79:335, XIV, eff. Sept. 1, 2023.

310-B:23-a Repealed by 2023, 79:335, XIV, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-B - State Licensed or Certified Real Estate Appraisers › Section 310-B:24 - Rulemaking Authority.

310-B:24 Rulemaking Authority. –
The board shall adopt rules pursuant to RSA 541-A, relative to:
I. The application eligibility requirements for the issuance of any initial license or certificate issued under this chapter, including the issuance of such licenses to applicants holding a currently valid license or other authorization to practice in another jurisdiction.
I-a. The application eligibility requirements for the issuance of any temporary practice permit issued under this chapter.
II. How an applicant shall be examined.
III. The criteria for renewal of a license or certificate.
IV. Ethical standards required to be met by each holder of a license or certificate issued under this chapter and how such license or certificate may be revoked for violation of these standards.
V. Standards for appraisal education programs and the issuance of evidence indicating satisfactory completion of such program.
VI. The registration and supervision of appraisal management companies under RSA 310-B:16-a.
VII. [Repealed.]
VIII. Establishing continuing education and experience requirements which comport with criteria set forth by the board.
IX. [Repealed.]
X. The conditions and requirements for granting a waiver to any rule adopted by the board.
Source.
1990, 167:3. 1991, 308:28-30. 1997, 299:12. 2012, 164:19, eff. Aug. 6, 2012. 2021, 197:172, eff. July 1, 2021. 2023, 79:335, XV and XVI, eff. Sept. 1, 2023; 212:60, IV, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-B - State Licensed or Certified Real Estate Appraisers › Section 310-B:25 - Severability.

310-B:25 Severability. –
If any provisions of this chapter or the application thereof to any person or in any circumstance are held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Source.
1990, 167:3. 1997, 299:13, eff. Aug. 19, 1997.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:1 - Assessing Certification Advisory Board.

310-C:1 Assessing Certification Advisory 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.
Source.
2022, 267:1, eff. Jan. 1, 2023. 2023, 79:267, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:2 - Certification Process.

310-C:2 Certification Process. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:3 - Prohibited Conduct.

310-C:3 Prohibited Conduct. –
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 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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:4 - Classes of Certification.

310-C:4 Classes of Certification. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:5 - Criminal History Record Checks.

310-C:5 Criminal History Record Checks. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:6 - Examination Requirements.

310-C:6 Examination Requirements. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:7 - Examination Prerequisites.

310-C:7 Examination Prerequisites. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:8 - Experience Requirements.

310-C:8 Experience Requirements. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:9 - Repealed by 2023, 79:269, I, eff. Sept. 1, 2023.

310-C:9 Repealed by 2023, 79:269, I, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:10 - Nonresident Certification.

310-C:10 Nonresident Certification. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:11 - Continuing Education.

310-C:11 Continuing Education. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:12 - Assessing Certificate.

310-C:12 Assessing Certificate. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023. 2023, 79:269, II, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:13 - Repealed by 2023, 79:269, III, eff. Sept. 1, 2023.

310-C:13 Repealed by 2023, 79:269, III, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:14 - Repealed by 2023, 79:269, IV, eff. Sept. 1, 2023.

310-C:14 Repealed by 2023, 79:269, IV, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:15 - Fees.

310-C:15 Fees. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:16 - Repealed by 2023, 79:269, V, eff. Sept. 1, 2023.

310-C:16 Repealed by 2023, 79:269, V, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 310-C - Assessing Certification Board › Section 310-C:17 - Rulemaking Authority.

310-C:17 Rulemaking Authority. –
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.
Source.
2022, 267:1, eff. Jan. 1, 2023. 2023, 79:268, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:1 - Right to Appear, Etc.

311:1 Right to Appear, Etc. –
A party in any cause or proceeding may appear, plead, prosecute or defend in his or her proper person, that is, pro se, or may be represented by any citizen of good character. For the purposes of this section, a citizen shall be presumed to be of good character unless demonstrated otherwise.
Source.
RS 177:1. CS 187:1. GS 199:1. GL 218:1. PS 213:1. PL 325:1. RL 381:1. RSA 311:1. 1996, 117:2. 1999, 251:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:2 - Admission to Practice.

311:2 Admission to Practice. –
Any citizen of the age of 18 years, of good moral character and suitable qualifications, on application to the supreme court shall be admitted to practice as an attorney.
Source.
RS 177:2. CS 187:2. GS 199:2. 1872, 36:1. GL 218:2. PS 213:2. PL 325:2. RL 381:2. RSA 311:2. 1973, 72:63, eff. June 3, 1973.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:2-a - Legal Services by Paraprofessionals.

[RSA 311:2-a repealed by 2022, 194:1, effective January 1, 2025.]
311:2-a Legal Services by Paraprofessionals. –
I. Notwithstanding any other provision of law to the contrary, a paraprofessional may represent another person in matters pursuant to RSA 173-B, RSA 458, RSA 458-A, RSA 458-B, RSA 458-C, RSA 458-D, RSA 458-E, RSA 459, RSA 461-A, RSA 540, RSA 540-A, and RSA 633:3-a, III-a through III-d provided that:
(a) The paraprofessional is employed or retained by and acting under the supervision of an attorney admitted to practice under RSA 311:2, which attorney shall carry professional liability insurance with reasonable coverage limits;
(b) The paraprofessional has either a bachelor's degree in any field or an associate's degree in a law-related field; and at least 2 years of work experience in a law-related setting with attorney supervision;
(c) The person represented receives written notice that the paraprofessional is a non-attorney acting under the supervision of an attorney admitted to practice under RSA 311:2, including the attorney's name, prior to the commencement of the representation;
(d) In any pleading filed with any court, the paraprofessional discloses that the paraprofessional is a non-attorney acting under the supervision of an attorney admitted to practice under RSA 311:2, including the attorney's name; and
(e) The person represented has household income no greater than 300 percent of the federal poverty guidelines at the commencement of representation.
II. Paraprofessional representation provided pursuant to paragraph I may be provided only in the 9th Circuit Court - District Division - Manchester, the 9th Circuit - Family Division - Manchester, the 1st Circuit - District Division - Berlin, the 6th Circuit Court - District Division - Franklin, the 6th Circuit Court - Family Division - Franklin, and the 1st Circuit - Family Division - Berlin.
III. Each attorney supervising a paraprofessional providing representation pursuant to this section shall make reasonable efforts to ensure that the paraprofessional's conduct is compatible with the professional obligations of the attorney, including the New Hampshire Rules of Professional Conduct, particularly Rule 5.3 pertaining to responsibilities regarding nonlawyer assistance.
IV. The supreme court may promulgate such rules as may be necessary to regulate the conduct of paraprofessionals.
Source.
2022, 194:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:3 - Repealed by 1981, 328:3, I, eff. Aug. 16, 1981.

311:3 Repealed by 1981, 328:3, I, eff. Aug. 16, 1981. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:4 - Repealed by 1981, 328:3, II, eff. Aug. 16, 1981.

311:4 Repealed by 1981, 328:3, II, eff. Aug. 16, 1981. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:5 - Limitation.

311:5 Limitation. –
No person shall act as attorney in any cause in which the person has acted as judge.
Source.
RS 177:8. CS 187:8. GS 199:8. GL 218:8. PS 213:8. PL 325:5. RL 381:5. RSA 311:5. 1996, 117:3, eff. May 15, 1996.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:6 - Oath.

311:6 Oath. –
Every attorney admitted to practice shall take and subscribe the oaths to support the constitution of this state and of the United States, and the oath of office in the following form: You solemnly swear or affirm that you will do no falsehood, nor consent that any be done in the court, and if you know of any, that you will give knowledge thereof to the justices of the court, or some of them, that it may be reformed; that you will not wittingly or willingly promote, sue or procure to be sued any false or unlawful suit, nor consent to the same; that you will delay no person for lucre or malice, and will act in the office of an attorney within the court according to the best of your learning and discretion, and with all good fidelity as well to the court as to your client.
So help you God or under the pains and penalty of perjury.
The supreme court shall have authority to determine by court rule the manner in which the oaths shall be administered.
Source.
RS 177:5. CS 187:5. GS 199:5. GL 218:5. PS 213:5. PL 325:6. RL 381:6. RSA 311:6. 1995, 277:3. 2014, 204:46, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7 - Prohibition.

311:7 Prohibition. –
No person shall be permitted commonly to practice as an attorney in court unless he has been admitted by the court and taken the oath prescribed in RSA 311:6.
Source.
RS 177:6. CS 187:6. GS 199:6. GL 218:6. PS 213:6. PL 325:7. RL 381:7.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-a - Petition for Injunction.

311:7-a Petition for Injunction. –
I. Upon the attorney general's own information or upon complaint of any person, including any judge or any organized bar association in this state, the attorney general may maintain an action for injunctive relief in the supreme or superior court against any person who renders, offers to render, or holds himself or herself out as rendering any service which constitutes the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown.
II. The action may also be maintained by the bar association of the state of New Hampshire.
Source.
1967, 290:1. 1996, 117:4, eff. May 15, 1996.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-b - Investigation by Attorney General.

311:7-b Investigation by Attorney General. –
I. The attorney general may investigate any complaint of unauthorized practice of the law and the attorney general, or a deputy attorney general or an assistant attorney general designated by the attorney general, may subpoena witnesses, compel their attendance, examine them under oath, and require the production of any relevant documentary evidence.
II. The laws relating to the attendance of witnesses in civil actions and the payment of their fees and expenses to those witnesses shall apply to investigations made by the attorney general.
III. If a person fails or refuses to obey a subpoena or to testify as to any material matter regarding which the person may be interrogated, the superior court, upon application by the attorney general, may issue to the person an order requiring the person to appear before the attorney general, or a deputy attorney general or an assistant attorney general designated by the attorney general, to produce documentary evidence or testify. Failure to obey the order of the court may be punished by the court as a contempt of court.
IV. When requested, public officers, their assistants, clerks or employees shall furnish to the attorney general, the deputy or an assistant attorney general designated by the attorney general all information and assistance.
V. Investigations under this section shall be confidential. Any person participating in the investigation who, except as required in the discharge of the person's official duties, discloses to any person, other than to a person under investigation, the name of any person under investigation or any witness examined, or any other information obtained in the investigation is guilty of a misdemeanor.
VI. Every person whose conduct is investigated under this section shall be furnished with a written specification of the issues which are to be considered, and shall be given an opportunity to present evidence and be heard upon the specified issues.
Source.
1967, 290:1. 1996, 117:4, eff. May 15, 1996.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-c - Remedies and Procedures Additional to Those Now Existing.

311:7-c Remedies and Procedures Additional to Those Now Existing. –
The remedies and procedures provided in this subdivision are in addition to and not in substitution for other available remedies and procedures.
Source.
1967, 290:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-e - Short Title.

311:7-e Short Title. –
This subdivision may be cited as the Model Act Providing Remedies for the Unauthorized Practice of Law.
Source.
1967, 290:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-f - Severability.

311:7-f Severability. –
If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications hereof which can be given effect without the invalid provisions or application, and to this end the provisions of this subdivision are severable.
Source.
1967, 290:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-g - State Bar Association Membership; Vote Required.

311:7-g State Bar Association Membership;  Vote Required. –
I. The supreme court, pursuant to its power to regulate the practice of law under this chapter and its continuing supervisory authority over attorneys practicing before courts of this state, may assess fees for the purpose of regulating the practice of law and for maintaining a professional conduct committee.
II. The supreme court may require all persons engaged in the practice of law in this state to be members of the New Hampshire Bar Association; provided that the members of the Bar Association have approved the requirement pursuant to paragraph III.
III. The board of governors of the New Hampshire Bar Association shall place on the ballot with the election of officers of the association, the following question: "Shall membership in the New Hampshire Bar Association be required for all attorneys licensed to practice in this state?" An affirmative vote of a majority of those voting on the question, shall allow for the requirement by the supreme court under paragraph II. Approval by the membership under this paragraph shall be valid for a 5-year period beginning on the date of the affirmative vote.
Source.
2003, 250:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-h - Bar Association Legislative Activities.

311:7-h Bar Association Legislative Activities. –
I. The New Hampshire Bar Association, if membership is mandatory for attorneys under RSA 311:7-g, shall be prohibited from using any part of dues paid by its members for the purpose of lobbying or influencing the general court on any matter, except as provided in paragraph III.
II. If membership in the New Hampshire Bar Association is mandatory for attorneys under RSA 311:7-g, no person shall be permitted to engage in legislative activities on behalf of the New Hampshire Bar Association for the purpose of lobbying or influencing the general court on any matter, except as provided in paragraph III.
III. The Bar Association may use a part of dues paid by its members, and may engage a person to lobby or influence the legislature on its behalf provided the Association:
(a) Limits its activities before the general court to those matters which are directly related to the regulation of the legal profession and improving the quality of legal services available to the people of the state. The scope of such permissible activities shall be narrowly defined; and
(b) Has determined that substantial unanimity exists within the bar as a whole in agreement with the position taken on a matter.
IV. Nothing in the section shall prevent officers and members of the Bar Association from appearing before the general court to express their views as individuals, as members of voluntary associations, or as representatives of clients.
V. Any member of the New Hampshire Bar Association, if membership is mandatory for attorneys under RSA 311:7-g, may refuse to pay that portion of the Bar Association dues that are used for lobbying or influencing the legislature or other political matters.
Source.
2003, 250:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:7-i - Severability.

311:7-i Severability. –
If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications hereof which can be given effect without the invalid provisions or application, and to this end the provisions of this subdivision are severable.
Source.
2003, 250:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:8 - Disbarment, Etc.

311:8 Disbarment, Etc. –
The supreme court shall inquire in a summary manner into any charges of fraud, malpractice, or contempt of court against an attorney, and, upon satisfactory evidence of the attorney's guilt, shall suspend such attorney from practice, or may remove the attorney from office.
Source.
RS 177:7. CS 187:7. GS 199:7. GL 218:7. 1889, 20:1. PS 213:7. PL 325:8. RL 381:8. RSA 311:8. 1996, 117:5, eff. May 15, 1996.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:10 - Effect of Suspension, Etc.

311:10 Effect of Suspension, Etc. –
No person while suspended from practice pursuant to RSA 311:8, or until the person's restoration to office, shall be permitted to practice as an attorney before any court or magistrate, or elsewhere; and any writ or other process made by such person for another, while thus disqualified, shall be void.
Source.
RS 177:7. CS 187:7. GS 199:7. GL 218:7. 1889, 20:1. PS 213:7. PL 325:9. RL 381:9. RSA 311:10. 1996, 117:6, eff. May 15, 1996.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:11 - Practice by Corporations Prohibited.

311:11 Practice by Corporations Prohibited. –
No corporation shall practice or appear as an attorney in any court in the state or before any judicial body or hold itself out to the public or advertise as being entitled to practice law, and no corporation shall draw agreements, or other legal documents not relating to its lawful business, or draw wills, or practice law, or give legal advice or legal information as an attorney, or hold itself out in any manner as being entitled to do any of the foregoing acts, by or through any person orally or by advertisement, letter, or circular; provided that the foregoing prohibition shall not prevent a corporation from employing an attorney in regard to its own affairs or in any litigation to which it is or may be a party. Any person violating any provisions of this section shall be guilty of a felony. Any natural person, including every officer, agent or employee of any such corporation, who, on its behalf, directly or indirectly engages in any of the acts herein prohibited or assists such corporation to do such prohibited acts shall be guilty of a misdemeanor.
Source.
1935, 34:1. RL 381:11. RSA 311:11. 1973, 529:66, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:11-a - Exception.

311:11-a Exception. –
The word "corporation" as used in RSA 311:11 shall not include a corporation of attorneys organized as a professional association under the provisions of RSA 294-A.
Source.
1970, 2:1, eff. June 8, 1970.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311 - Attorneys and Counselors › Section 311:13 - Lien on Verdict.

311:13 Lien on Verdict. –
From the commencement of an action, bill in equity or other proceeding in any court, the filing of a counterclaim or plea in set-off or recoupment, or appearance in any proceeding before any state or federal department, board, or commission, the attorney who appears for a client in such proceeding shall have a lien for reasonable fees and expenses upon the client's cause of action, upon the judgment decree or other order in the client's favor entered or made in such proceeding, and upon the proceeds derived therefrom. The lien cannot be affected by any settlement between the parties before or after the judgment decree or other order. Upon the request of the client or the attorney, the court in which the proceeding is pending, or, if the proceeding is not pending in a court, the superior court, may determine and enforce the lien; provided that this section shall not apply to matters arising under RSA 282-A and any case where the method of determination of attorneys' fees is otherwise expressly provided by statute.
Source.
1963, 89:1. 1996, 117:7, eff. May 15, 1996.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:1 - Definitions.

311-B:1 Definitions. –
In this chapter:
I. "Auction" means the sale of real or personal property, or both, in which the sale price of the property offered is increased by competitive bids until the highest accepted bidder becomes the purchaser.
II. "Auctioneer" means a person who engages in, or who by advertising or otherwise holds himself or herself out as being available to engage in, the solicitation or the acceptance of competitive bids for the purchase of real or personal property, or both, at auction, or otherwise engages in auctioneering.
III. "Auctioneering" means the business or act of selling for another real, personal, or mixed property by auction for compensation by fee, commission, or other exchange of value.
IV. "Authorized business organization" means any entity organized for gain or profit and carrying on any business activity within the state of New Hampshire which is:
(a) A corporation or business association having at least one officer holding a valid license issued by the board;
(b) A partnership in which at least one partner holds a valid license issued by the board;
(c) A limited liability company in which the managing member holds a valid license issued by the board;
(d) A sole proprietorship or sole-shareholder corporation in which the sole proprietor or sole shareholder holds a valid license issued by the board; or
(e) A trust in which at least one trustee holds a valid license issued by the board.
V. "Board" means the state board of auctioneers established under RSA 311-B:2.
Source.
1969, 469:1. 2010, 291:1, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:2 - State Board of Auctioneers.

311-B:2 State Board of Auctioneers. –
I. There is hereby established a state board of auctioneers consisting of 5 members, including 4 auctioneers and one public member, appointed by the governor with the advice of the council for terms of 5 years. Terms shall expire March 1. All board members shall be residents of this state and no board member shall serve more than 2 consecutive terms.
II. The public member of the board shall be a person who is not, and never was, a member of the auctioneering profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of such professional services or an activity directly related thereto, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
III. [Repealed.]
IV. [Repealed.]
Source.
1969, 469:1. 1981, 491:3, eff. July 1, 1981. 2023, 79:271, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:3 - Rulemaking Authority.

311-B:3 Rulemaking Authority. –
I. The board, with the approval of the executive director of the office of professional licensure and certification, shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The qualifications of applicants for initial, renewal, and reinstatement licensure in addition to those requirements set by statute, and the means to be used by applicants to demonstrate good professional character;
(b) Ethical and professional standards required to be met by each holder of a license under this chapter;
(c) How disciplinary actions by the board shall be implemented for violations of these standards and for misconduct by licensees; and
(d) Establishing eligibility for certificates of authorization issued under RSA 311-B:4, III.
II. The board may adopt rules, pursuant to RSA 541-A, relative to:
(a) Required maintenance of competence including requirements for continuing education;
(b) Board approval of auctioneering educational programs; and
(c) Standards governing auctioneering apprenticeships.
Source.
1969, 469:1. 1981, 491:4. 1987, 274:1. 2010, 291:2, eff. Jan. 1, 2011. 2023, 79:273, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:4 - Acts Prohibited; Use of Name by Business Organization.

311-B:4 Acts Prohibited;  Use of Name by Business Organization. –
I. It shall be unlawful for any person physically located in the state of New Hampshire to:
(a) Knowingly engage in, or offer to engage in, auctioneering for a fee, commission, or other consideration unless such natural person has a valid license under this chapter or such other person is an authorized business organization.
(b) Knowingly make any verbal, written, electronic, or other representation that such person is an auctioneer or is able to perform auctioneering, unless such natural person has a valid license under this chapter or such other person is an authorized business organization.
(c) Recklessly make any verbal, written, electronic, or other representation which would lead a reasonable person to believe that the natural person making the representation is currently licensed as an auctioneer under this chapter or such other person is an authorized business organization.
II. Notwithstanding subparagraph I(a), an apprentice auctioneer employed by a licensed auctioneer may engage in auctioneering under the direct supervision of the licensed auctioneer.
III. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words "auction," "auctioneer," or "auctioneering" or any modification or derivative thereof in its corporate or business name or which includes the practice of auctioneering among the objectives for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization, a copy of which shall have been presented to the secretary of state. The board shall issue such a certificate only to an authorized business organization. The secretary of state shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except for trade names and service marks of business entities which have presented to the secretary of state proof that they qualify as authorized business organizations under this chapter.
Source.
1969, 469:1. 1981, 491:5. 2010, 291:3, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:4-a - Repealed by 2023, 79:275, I, eff. Sept. 1, 2023.

311-B:4-a Repealed by 2023, 79:275, I, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:5 - Qualifications; Application.

311-B:5 Qualifications;  Application. –
The executive director shall grant licensure to any applicant who:
I. Shall have attained the age of 18 years by the date the board receives the application;
II. Submits professional references or recommendations that comply with other standards specified by rule, certifying that the applicant is trustworthy and competent to auction real, personal, and mixed property in such a manner as to safeguard the interests of the public. Each such recommendation shall set forth the writer's name, address, and occupation, the extent of the writer's acquaintanceship with the applicant, the writer's familiarity with the applicant's past business experience and dealings, and any additional knowledge of the applicant's background upon which the writer bases the recommendation;
III. Pays the initial licensure fee;
IV. [Repealed.]
V. Has good professional character;
VI. Meets the eligibility standards established by the board through rulemaking;
VII. Pays the examination fee if the examination is one developed or administered by the board; and
VIII. Passes an examination administered by another entity and approved by the board through rulemaking.
Source.
1969, 469:1. 1981, 491:6. 1987, 274:2. 2010, 291:5, eff. Jan. 1, 2011. 2022, 126:1, I, eff. July 26, 2022. 2023, 79:274, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:6 - Repealed by 2023, 79:275, II, eff. Sept. 1, 2023.

311-B:6 Repealed by 2023, 79:275, II, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:7 - Repealed by 2010, 291:14, eff. Jan. 1, 2011.

311-B:7 Repealed by 2010, 291:14, eff. Jan. 1, 2011. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:8 - Repealed by 2022, 126:1, II, eff. July 26, 2022.

311-B:8 Repealed by 2022, 126:1, II, eff. July 26, 2022. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:9 - Local Regulation.

311-B:9 Local Regulation. –
This chapter shall not be deemed to nullify or prevent a municipal corporation from collecting an additional fee from auctioneers licensed under this chapter.
Source.
1969, 469:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:10 - Repealed by 2023, 79:275, III, eff. Sept. 1, 2023.

311-B:10 Repealed by 2023, 79:275, III, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:11 - Repealed by 2023, 79:275, IV, eff. Sept. 1, 2023.

311-B:11 Repealed by 2023, 79:275, IV, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:11-a - Repealed by 2023, 79:275, V, eff. Sept. 1, 2023.

311-B:11-a Repealed by 2023, 79:275, V, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 311-B - Auctioneers › Section 311-B:12 - Penalties.

311-B:12 Penalties. –
Any person violating the provisions of RSA 311-B:4, I and not exempt under RSA 311-B:13 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1969, 469:1. 1973, 528:196. 2010, 291:11, eff. Jan. 1, 2011.