reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-D - Mental Health Counseling Compact › Section 330-D:6 - Compact Privilege to Practice Telehealth.

330-D:6 Compact Privilege to Practice Telehealth. –
I. Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with RSA 330-D:2 and under rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
II. A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
Source.
2022, 277:2, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-D - Mental Health Counseling Compact › Section 330-D:9 - Data System.

330-D:9 Data System. –
I. The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
II. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(a) Identifying information;
(b) Licensure data;
(c) Adverse actions against a license or privilege to practice;
(d) Non-confidential information related to alternative program participation;
(e) Any denial of application for licensure and the reason(s) for such denial;
(f) Current significant investigative information; and
(g) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
III. Investigative information pertaining to a licensee in any member state will only be available to other member states.
IV. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
V. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
VI. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
Source.
2022, 277:2, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-D - Mental Health Counseling Compact › Section 330-D:12 - Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment.

330-D:12 Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment. –
I. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission related to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
II. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
III. Any member state may withdraw from this compact by enacting a statute repealing the same, a member state's withdrawal shall not:
(a) Take effect until 6 months after enactment of the repealing statute; and
(b) Affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
IV. Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
V. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
Source.
2022, 277:2, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-D - Mental Health Counseling Compact › Section 330-D:13 - Construction and Severability.

330-D:13 Construction and Severability. –
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Source.
2022, 277:2, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-D - Mental Health Counseling Compact › Section 330-D:14 - Binding Effect of Compact and Other Laws.

330-D:14 Binding Effect of Compact and Other Laws. –
I. A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
II. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
III. Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
IV. Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.
V. All permissible agreements between the commission and the member states are binding in accordance with their terms.
VI. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Source.
2022, 277:2, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:1 - Purpose.

331-A:1 Purpose. –
It is the policy of this state to regulate the practice of real estate brokers and salespersons in order to ensure that they meet and maintain minimum standards which promote public understanding and confidence in the business of real estate brokerage.
Source.
1993, 348:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:3 - Prohibition.

331-A:3 Prohibition. –
It shall be unlawful for any person, directly or indirectly, to act as a real estate broker or real estate salesperson without a license and otherwise complying with the provisions of this chapter.
Source.
1993, 348:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:4 - Exempted Classes.

331-A:4 Exempted Classes. –
The provisions of this chapter shall not apply to:
I. An owner who is not a licensee, or the regular employees of an owner of real estate who are not licensees, with respect to the real property of the owner;
I-a. A prospective purchaser or tenant who is not a licensee, or the regular employees of a prospective purchaser or tenant who are not licensees, with respect to the real property of the owner;
II. An attorney-in-fact who is not a licensee acting under a power of attorney with respect to real property of the principal of the attorney-in-fact;
III. An attorney at law in the performance of duties as an attorney;
IV. A licensed auctioneer selling real estate at public auction or otherwise authorized by RSA 311-B;
V. A public official in the performance of the duties of the official;
VI. A person or the regular employees of a person while the person is not acting as a licensee but is acting as a receiver, trustee, administrator, executor, conservator, guardian, or fiduciary, or while acting under court order, the authority of a will, trust instrument, or other recorded instrument containing a power of sale;
VII. Any person owning or operating a park, including the person's regular employees, in which manufactured housing to be sold or leased is located, who may, for a fee or commission or other valuable consideration, list, sell, purchase, exchange, or lease such manufactured housing without a license of a broker or salesperson, and who does not hold himself or herself out as a real estate broker;
VIII. A corporate consultant who receives a fee from a client based on site searching services rendered in accordance with a written contract, rather than on the completion of any particular transaction and who does not hold himself or herself out as a real estate broker; or
IX. A condominium unit owners' association that rents condominium units for periods of 30 days or less for the exclusive benefit of the unit owners and the unit owners' association provided that such rentals are managed through an on-site rental office that is operated and controlled exclusively by the unit owners' association.
Source.
1993, 348:1. 2000, 311:21. 2001, 182:1. 2009, 125:1. 2010, 304:4. 2014, 261:2, eff. Sept. 26, 2014.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:5 - Commission; Duty.

331-A:5 Commission;  Duty. –
I. There is hereby created the New Hampshire real estate commission whose duty shall be to administer this chapter.
II. The commission members shall include:
(a) Two licensed real estate brokers.
(b) One licensed real estate salesperson.
(c) One lawyer.
(d) One public member.
III. Each member shall be appointed by the governor, with the approval of the council.
IV. The licensed real estate salesperson shall be a member as long as such person maintains status as a licensed real estate salesperson. The public member shall be a person who is not, and never was, a member of the real estate 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 real estate services or an activity directly related to real estate, including the representation of the commission or profession for a fee at any time during the 5 years preceding appointment.
V. Each member of the commission shall be a resident of this state for at least 6 years prior to appointment. Each member of the commission shall serve for a term of 5 years and until a successor is duly appointed. Any vacancy shall be filled by appointment for the unexpired term. No member may serve more than 2 consecutive full terms. Members of the commission may be removed for good cause.
VI. The commission shall annually elect, from among its members, a chairperson and a clerk. Each member of the commission shall receive $50 for each day actually engaged in the duties of the office, and shall be reimbursed for actual travel expenses while performing official duties.
VII. The commission shall adopt an official seal.
VIII. The commission shall hold at least 4 regular meetings each year. A simple majority of the commission members currently serving shall constitute a quorum of the commission. Whenever a quorum of commission members is unable to hear a particular case, the commission may appoint one or more former commission members as alternates to hear that case, starting with the most recent member to leave the commission and proceeding in reverse chronological order of former members. Alternates shall be appointed and sworn in on a case-by-case basis only, and shall receive compensation as provided for members under RSA 331-A:5, VI.
IX. The office of professional licensure and certification shall make a biennial report to the governor and council on or before September 1 of each odd-numbered year. The report shall include an account of its actions, its receipts and expenses, the practical effects of the application of this chapter, and any recommendations for legislation.
X. [Repealed.]
Source.
1993, 348:1. 2000, 311:3. 2015, 276:59, eff. July 1, 2015. 2023, 235:28, VIII, eff. July 15, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:6 - Repealed by 2015, 276:108, IV, eff. July 1, 2015.

331-A:6 Repealed by 2015, 276:108, IV, eff. July 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:7 - Powers.

331-A:7 Powers. –
In addition to any authority provided by law, the commission shall:
I. [Repealed.]
II. [Repealed.]
III. Publish information relative to the scope of the examination and suggested courses of study.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
VII. Provide notice to all persons licensed under this chapter of any proposed rulemaking undertaken by the commission, any changes to administrative rules adopted by the commission, and any pertinent changes in New Hampshire law.
Source.
1993, 348:1. 1998, 289:1. 2009, 125:5; 144:72. 2015, 276:108, V, eff. July 1, 2015. 2023, 79:336, I-III, eff. Sept. 1, 2023; 212:62, I, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:8 - Repealed by 2015, 276:108, VI, eff. July 1, 2015.

331-A:8 Repealed by 2015, 276:108, VI, eff. July 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:9 - Ethics Code.

331-A:9 Ethics Code. –
The commission shall adopt by rule under RSA 541-A an ethics code for commissioners and commission employees. This code shall include, but not be limited to, the following provisions:
I. No commission member shall participate in any action related to the issuance of a license or disciplinary matter involving the member or a person with whom the member is personally or professionally associated, or in any such action in which the member has a direct financial interest.
II. No commission member or commission employee shall, for compensation of any type, teach or participate in any preparatory or continuing education effort approved by the commission, except that a commission member or commission employee may, in such capacity, participate in a preparatory or continuing education program and receive such compensation as is normally authorized for commission-related business.
III. No more than one commission member shall serve as an officer of a professional association which represents real estate brokers or salespeople.
IV. No commission employee shall be issued an active real estate license throughout the duration of employment with the commission. A commission employee shall be allowed to apply for an inactive real estate license during employment with the commission, but the license shall remain inactive during such employment. A commission employee shall not obtain a real estate license in another state based on the inactive license obtained in New Hampshire during such employment with the commission.
Source.
1993, 348:1. 2005, 286:4, 5, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:10 - Qualifications for Licensure.

331-A:10 Qualifications for Licensure. –
I. The commission, or designee, shall issue a salesperson's license to any applicant who:
(a) Has attained the age of 18;
(b) Has successfully completed an examination administered or approved by the commission which demonstrates satisfactory knowledge and understanding of the principles of real estate practice. The executive director shall only accept for licensure, an applicant who shows proof of completion of 40 hours of approved study which shall have been completed prior to the date of the applicant's examination;
(c) Demonstrates no record of unprofessional conduct;
(d) Furnishes any evidence required by the commission relative to good reputation for honesty, trustworthiness and integrity; and
(e) Complies with the criminal records check under RSA 331-A:10-a.
II. The commission, or designee, shall issue a broker's license to any applicant who:
(a) Has attained the age of 18;
(b) Has successfully completed an examination administered or approved by the commission which demonstrates satisfactory knowledge and understanding of the principles of real estate practice. The commission, or designee, shall only accept for licensure, an applicant who shows proof of completion of 60 hours of approved study which shall have been completed prior to the date of the applicant's examination;
(c)(1) Has been employed full time by an active principal broker for at least one year within 5 years of the date of application; or
(2) Has at least 2,000 part-time hours as a licensed salesperson in this state within 5 years of the date of application; or
(3) Proves to the commission that the applicant has experience equivalent to the experience required by subparagraph (c)(1) or (c)(2);
(d) Demonstrates no record of unprofessional conduct;
(e) Furnishes any evidence required by the commission relative to good reputation for honesty, trustworthiness and integrity;
(f) For a broker acting as a principal broker or a managing broker, but excluding associate brokers or a corporation, partnership, limited liability company, or association, files a surety bond with the commission which shall be held in accordance with RSA 331-A:14;
(g) Submits evidence acceptable to the commission of at least 6 separate real estate transactions in which the applicant was actively involved and was compensated or proves to the commission that the applicant has equivalent experience; and
(h) Complies with the criminal records check under RSA 331-A:10-a.
Source.
1993, 348:1. 2000, 311:4. 2003, 268:2. 2004, 227:2, 3. 2005, 286:6, 7. 2008, 34:2. 2015, 276:60, 61, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:10-a - Criminal Records Check.

331-A:10-a Criminal Records Check. –
I. All applicants for a new salesperson or broker license shall submit to the New Hampshire department of safety, division of state police, a public criminal history record information authorization form, along with the appropriate fee, prior to submitting an application for a real estate license. In addition, the applicant shall submit to the commission a criminal record report from any other jurisdiction in which the applicant has been convicted of a misdemeanor or felony offense.
II. The commission shall supply the criminal record release authorization form to new salespersons and broker applicants.
III. Upon receipt of an applicant's criminal record information, the commission shall make a determination of eligibility for licensure.
Source.
2005, 286:8. 2008, 34:1, eff. July 11, 2008. 2019, 297:9, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:11 - Examinations.

331-A:11 Examinations. –
I. Any applicant seeking an original salesperson's or broker's license shall first pass a reasonable written examination as to the applicant's qualifications to be a salesperson or broker.
II. The form and style of the examination, as well as the preparation, grading and administration of the examination, shall be the responsibility of the commission, or its duly appointed employees or agents.
III. The commission shall administer the examination at least 4 times a year.
IV. Within 30 days after an examination, the commission shall notify each candidate of the results of the candidate's examination.
V. Any person who has passed the examination for broker or salesperson shall become licensed within 6 months from the date of such examination. Any person who fails to become licensed within the 6-month period shall be required to retake the examination.
Source.
1993, 348:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:11-a - Recognition for Licensure.

331-A:11-a Recognition for Licensure. –
If an applicant holds an active real estate license in good standing, issued by passing the national and state examinations in accordance with the laws of another jurisdiction, that applicant may apply for a New Hampshire license with the same equivalent status as currently licensed in the qualifying jurisdiction by first passing the New Hampshire portion of the licensing examination, provided that other requirements of the commission have been met. If an applicant holds an active real estate license in good standing issued by passing only the state examination in accordance with the laws of another jurisdiction, that applicant may apply for a New Hampshire license with the same equivalent status as currently licensed in the qualifying jurisdiction by first passing the New Hampshire and national portions of the licensing examination, provided that other requirements of the commission have been met. This section shall apply to salesperson and broker applicants only when such applicants are applying for a New Hampshire license with same equivalent status as currently licensed in the qualifying jurisdiction.
Source.
1997, 248:1. 2003, 268:3, eff. Sept. 13, 2003. 2018, 321:1, eff. Aug. 24, 2018. 2022, 39:2, eff. Aug. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:12 - Application for Licensure.

331-A:12 Application for Licensure. –
I. Applications for licenses shall be made on forms adopted by the commission.
II. The form for an individual applying for a license shall include affidavits from 3 character references. No person who is related by blood or marriage to an applicant may serve as a character reference on the application, and this restriction shall appear on the application form.
III. The commission may require each applicant to provide on the form additional information about the applicant's background and trustworthiness as is reasonably necessary to fairly inform a person requested to sign the application as a character reference and to fully complete the application before the character affidavits are signed.
IV. Applicants for a broker license for a corporation, partnership or association shall designate on the application form a duly licensed broker within the partnership or corporation who shall serve as the principal broker for the firm. All corporations shall provide a copy of the certificate of incorporation with the application for licensure.
Source.
1993, 348:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:12-a - Repealed by 2023, 79:336, IV, eff. Sept. 1, 2023.

331-A:12-a Repealed by 2023, 79:336, IV, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:14 - Bonds.

331-A:14 Bonds. –
No principal or managing broker's license shall be issued or renewed until the applicant gives to the commission a surety bond in any form approved by the commission in a sum of not less than $25,000, executed by the applicant and by a surety company authorized to do business in this state. The bond shall be payable to the state of New Hampshire, for the benefit of any person aggrieved, and shall be conditioned upon the faithful accounting by the broker for all funds entrusted to the broker in the broker's capacity as a principal or managing real estate broker. Any person so aggrieved may bring suit on the bond in the aggrieved person's own name; provided, however, that the aggregate liability of the surety to all persons shall, in no event, exceed the sum of such bond. The commission may revoke the license of any principal or managing broker whenever the bond filed by the broker ceases to be in full force and effect.
Source.
1993, 348:1. 1997, 248:3. 2000, 311:8. 2003, 268:4, eff. Sept. 13, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:15 - Repealed by 2023, 79:336, V, eff. Sept. 1, 2023.

331-A:15 Repealed by 2023, 79:336, V, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:16 - Supervision of Real Estate Office; Branch Offices.

331-A:16 Supervision of Real Estate Office;  Branch Offices. –
I. Every real estate office or real estate branch office, whether operated as a corporation, partnership or sole proprietorship, shall be directed, supervised and managed by a licensed real estate broker. The principal broker shall submit to the commission a branch office application form prior to the opening of any branch office. The principal broker shall designate a managing broker for each branch office the principal broker opens. The principal broker shall notify the commission when any licensee associated with the principal broker transfers from one branch office to another branch office within the same association.
II. All licensees and employees associated with a real estate office shall be reasonably supervised by the principal broker or managing broker.
III. All members and officers of a corporation, partnership or association, who actively participate in the business of real estate brokerage, shall possess an active broker's or salesperson's license.
IV. (a) All advertisements by a broker or salesperson shall include the broker's or salesperson's legal name or reasonable derivative thereof and the regular business name of the firm or the principal broker's name when licensed under an individual principal broker license. The firm or principal broker's name, within the advertisement, shall be clearly identifiable. This requirement shall apply to all categories of advertising including all publications, radio or television broadcasts, all electronic media including electronic mail and the Internet, business stationery, business and legal forms and documents, and signs and billboards.
(b) Any advertising which contains a home telephone number, cell-phone number, beeper or pager number, home fax number, direct office number, electronic mail address, or any other means of contacting directly an individual salesperson or broker, or a team of such licensees, shall also include the name and telephone number of the individual principal broker or brokerage firm through which the advertising licensees operate. All such advertising shall contain language clearly identifying each number included in the advertising.
(c) With respect to limited electronic media, the requirements of subparagraphs (a) and (b) shall be satisfied if the limited electronic media includes a link to an Internet display that contains the required information.
Source.
1993, 348:1. 2000, 311:9. 2003, 268:5. 2005, 286:10. 2008, 34:3, 4. 2010, 304:6. 2011, 134:3. 2015, 87:1, eff. Aug. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:16-a - Managing Broker Vacancy.

331-A:16-a Managing Broker Vacancy. –
In the event of the death, disability or change of affiliation of the managing broker of a real estate branch office, the principal broker may designate as a manager a person currently licensed with the New Hampshire real estate commission for a period not to exceed one year from the date of such vacancy. The appointment of a permanent branch managing broker shall be made within one year of the original vacancy.
Source.
1994, 40:1, eff. June 27, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:16-b - Commission Payments to Unlicensed Entities.

331-A:16-b Commission Payments to Unlicensed Entities. –
I. A principal broker may pay all or part of a fee, commission, or other compensation earned by his or her firm, broker, associate broker, or salesperson to a partnership, association, limited liability company, limited liability partnership, or corporation only if all of the following conditions are satisfied:
(a) All of the partners, members, officers, or shareholders of any unlicensed business entity, including a partnership, association, limited liability company, limited liability partnership, or corporation, hold a valid and active license issued under this chapter.
(b) At least one of the partners, members, officers, or shareholders of the unlicensed business entity, including a partnership, association, limited liability company, limited liability partnership, or corporation, is the licensee who earned the fee, commission, or other compensation.
(c) The partnership, association, limited liability company, limited liability partnership, or corporation does not engage in any of the prohibited acts specified in RSA 331-A:26 and the partnership, association limited liability company, limited liability partnership, or corporation is registered to do business in New Hampshire.
(d) The broker keeps a record of all of the following information for each transaction, for a period of 3 years after the date of the transaction:
(1) The name of the licensee who earned the fee, commission, or other compensation;
(2) The amount of the fee, commission, or other compensation that was earned;
(3) The name of the partnership, association, limited liability company, limited liability partnership, or corporation to which the broker paid the licensee's fee, commission, or other compensation.
II. Compliance with this section does not relieve a broker of any obligations to supervise a licensee, or of any other requirements of this chapter or rules adopted pursuant to this chapter.
III. Compliance with this section does not render a broker or licensee exempt from any portion of the chapter, or immune from liability in a regulatory action against the broker or licensee for a violation of this chapter or rules adopted pursuant to this chapter.
Source.
2019, 49:1, eff. Aug. 4, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:17 - Repealed by 2023, 79:336, VI, eff. Sept. 1, 2023.

331-A:17 Repealed by 2023, 79:336, VI, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:18 - Repealed by 2023, 79:336, VII, eff. Sept. 1, 2023.

331-A:18 Repealed by 2023, 79:336, VII, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:19 - Repealed by 2023, 79:336, VIII, eff. Sept. 1, 2023.

331-A:19 Repealed by 2023, 79:336, VIII, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:21 - Temporary Licenses.

331-A:21 Temporary Licenses. –
In the event of the death or total incapacity of a licensed real estate principal broker of a real estate business, the commission may, upon application by the principal broker's legal representative, issue without examination a temporary license to such legal representative or to an individual designated by the legal representative and approved by the commission, and by the payment of the prescribed fee, which shall authorize such temporary licensee to continue to transact real estate business for a period not to exceed one year from the date of death or incapacitation.
Source.
1993, 348:1. 2000, 311:12. 2005, 286:15, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:22 - Nonresidents.

331-A:22 Nonresidents. –
I. A nonresident of this state may become a broker or salesperson in this state by conforming to all of the conditions of this chapter applicable to residents of this state.
II. Upon making application, such nonresidents shall file an irrevocable consent and power providing that legal actions may be commenced against them in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by the laws of this state on a member of the commission or its executive director, the consent or power stipulating that such service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident in this state.
III. This section applies to nonresident license applicants only.
Source.
1993, 348:1. 1997, 248:4. 2003, 268:8, eff. Sept. 13, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:23 - Denial of Recognition.

331-A:23 Denial of Recognition. –
No broker or salesperson applicant whose license as a broker or salesperson is under revocation or suspension in another state shall be granted a license as a broker or salesperson in this state; and, if already granted a license through reciprocity or recognition, it may be revoked or suspended as provided under this chapter upon proof of the other state's action.
Source.
1993, 348:1. 2008, 34:7, eff. July 11, 2008. 2022, 39:3, eff. Aug. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:24 - Repealed by 2023, 79:336, IX, eff. Sept. 1, 2023.

331-A:24 Repealed by 2023, 79:336, IX, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:24-a - Notice of Rulemaking Proceeding.

331-A:24-a Notice of Rulemaking Proceeding. –
Notwithstanding RSA 541-A:6, III, the notice of rulemaking proceedings shall be provided by U.S. mail by the commission to any person licensed under this chapter who pays a reasonable fee to the commission for the postage and preparation of such mailings. Such reasonable fee shall be set by the commission and adopted in its administrative rules under RSA 541-A.
Source.
1997, 248:5, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:24-b - Repealed by 2010, 304:10, eff. Sept. 11, 2010.

331-A:24-b Repealed by 2010, 304:10, eff. Sept. 11, 2010. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:25 - Rulemaking.

331-A:25 Rulemaking. –
The commission shall adopt rules, under RSA 541-A, relative to:
I. Conduct of licensed brokers and salespeople.
II. Administration of examinations.
III. Eligibility of persons who have failed a salesperson or broker examination to be reexamined.
IV. [Repealed.]
V. Application forms for original and renewal licenses and registration forms for trade names.
VI. Proof of an applicant's good character.
VII. [Repealed.]
VIII. Accreditation of programs of study in real estate, and the conduct of such programs.
IX. A minimum of a 3-hour core course of continuing education for active and inactive license renewal, and an additional 12 elective hours of continuing education for active license renewals. The initial 12 hours of continuing education for salespersons prior to their first license renewal shall be established by the commission in specified topics or courses related to the salesperson's practice.
X. [Repealed.]
XI. [Repealed.]
XII. The ethics code as required under RSA 331-A:9.
XIII. [Repealed.]
XIV. What constitutes adequate proof of the qualifications under RSA 331-A:10.
XV. Distinctions for persons regulated by this chapter between practices concerning 1-4 family dwellings and practices for all other real estate.
Source.
1993, 348:1. 1999, 179:1. 2000, 311:13. 2008, 34:8. 2009, 125:3. 2014, 261:4, eff. Sept. 26, 2014. 2018, 259:1, eff. Aug. 11, 2018. 2023, 79:336, X-XIV, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:25-a - Licensee; Scope of Agency; Interpretation.

331-A:25-a Licensee;  Scope of Agency;  Interpretation. –
I. A licensee who provides services through a brokerage agreement for a seller, landlord, buyer, or tenant is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting.
II. A licensee may be a seller agent, a buyer agent, a disclosed dual agent, or a subagent. If another relationship between the licensee who performs the services and the seller, landlord, buyer, or tenant is intended, it must be described in writing and signed by all parties to the relationship prior to services being rendered.
Source.
1996, 196:9, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:25-d - Disclosed Dual Agent; Duties.

331-A:25-d Disclosed Dual Agent;  Duties. –
I. A licensee may act as a disclosed dual agent only with the written consent of all parties to the anticipated transaction at the time in which a dual agency relationship occurs, but no later than the preparation of a written offer for sale or lease.
II. The duties of a licensee acting as a disclosed dual agent include:
(a) Performing the terms of the written disclosed dual agency agreement made with the parties.
(b) Presenting in a timely manner all offers or agreements to and from the parties on real estate of interest.
(c) Accounting in a timely manner, during and upon termination, expiration, completion, or performance of the brokerage agreement for all money and property received in which the parties have or may have an interest.
(d) Informing the parties of the laws and rules regarding real estate condition disclosures.
(e) Preserving confidential information received from the parties that is acquired during the written disclosed dual agency relationship, or from any prior brokerage agreement. This obligation continues beyond the termination, expiration, completion, or performance of the fiduciary relationship. Confidentiality shall be maintained unless:
(1) The party to whom the information pertains grants written consent to disclose the information;
(2) The information is made public from a source other than the licensee;
(3) Disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a judicial proceeding before a court of competent jurisdiction, the commission, or before a professional committee; or
(4) If otherwise required by law.
Source.
1996, 196:9. 2005, 286:17, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:25-f - Facilitator; Duties.

331-A:25-f Facilitator;  Duties. –
I. A licensee acts as a facilitator when that licensee assists but does not represent either party in a transaction.
II. A facilitator shall disclose to a prospective buyer or tenant any material physical, regulatory, mechanical, or on-site environmental condition affecting the subject property of which the facilitator has actual knowledge. Such disclosure shall occur any time prior to the time the buyer or tenant makes a written offer to purchase or lease the subject property. This paragraph shall not create an affirmative obligation on the part of the facilitator to investigate material defects.
III. Unless otherwise agreed, the licensee acting as a facilitator shall have no duty to keep information received from the seller or landlord or the buyer or tenant confidential.
IV. The parties may or may not enter into a contractual relationship.
V. The duties of the facilitator apply only to the seller or landlord and the buyer or tenant in the particular property transaction involving the seller or landlord and the buyer or tenant.
VI. A facilitator shall treat all prospective sellers or landlords and buyers or tenants honestly.
VII. The performance of ministerial acts for the seller or landlord or the buyer or tenant shall not be construed as forming an agency relationship with the seller or landlord or the buyer or tenant.
VIII. A facilitator shall present in a timely manner all offers and agreements to and from the parties during a real estate transaction.
Source.
2008, 12:4. 2012, 35:1. 2015, 87:2, eff. Aug. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:25-g - Certain Contracts Prohibited.

331-A:25-g Certain Contracts Prohibited. –
Any provision in any listing agreement or listing contract for the sale of real property in this state purporting to grant to the real estate broker or agent the power to execute contracts for the sale of the property shall be null and void and of no legal effect. Any contract for the sale of real property located in this state shall be executed by the owner of such property, or on behalf of an owner by an attorney-in-fact for the owner granted such authority in a written power of attorney duly executed by the owner of the property in accordance with the laws of this state governing powers of attorney.
Source.
2022, 71:1, eff. July 19, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:27 - Mistake.

331-A:27 Mistake. –
Any license obtained through the mistake or inadvertence of the executive director shall be subject to revocation.
Source.
1993, 348:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:28 - Repealed by 2023, 79:336, XV, eff. Sept. 1, 2023.

331-A:28 Repealed by 2023, 79:336, XV, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:29 - Repealed by 2023, 79:336, XVI, eff. Sept. 1, 2023.

331-A:29 Repealed by 2023, 79:336, XVI, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:30 - Repealed by 2023, 79:336, XVII, eff. Sept. 1, 2023.

331-A:30 Repealed by 2023, 79:336, XVII, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:31 - Repealed by 2023, 79:336, XVIII, eff. Sept. 1, 2023.

331-A:31 Repealed by 2023, 79:336, XVIII, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:32 - Civil Actions.

331-A:32 Civil Actions. –
I. No action or suit shall be instituted, nor recovery be had, in any court of this state by any person for compensation for any act done or service rendered as a broker or salesperson under this chapter, unless such person was duly licensed under this chapter as a broker or salesperson at the time of offering to perform any such act or service, or procuring any promise to contract for the payment of compensation for any such contemplated act or service.
II. No salesperson may sue in such person's own capacity for the recovery of a fee, commission or compensation for services as a salesperson unless the action is against the broker with whom the person is licensed or was licensed with at the time the act or service was performed.
Source.
1993, 348:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:33 - Repealed by 2023, 79:336, XIX, eff. Sept. 1, 2023.

331-A:33 Repealed by 2023, 79:336, XIX, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:34 - Repealed by 2023, 79:336, XX, eff. Sept. 1, 2023.

331-A:34 Repealed by 2023, 79:336, XX, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 331-A - New Hampshire Real Estate Practice Act › Section 331-A:35 - Repealed by 2023, 79:336, XXI, eff. Sept. 1, 2023.

331-A:35 Repealed by 2023, 79:336, XXI, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 332-A - Licensing Standards Established › Section 332-A:1 - Licensing Questions Restricted.

332-A:1 Licensing Questions Restricted. –
Any person required by RSA Title XXX to apply to the state for a license to practice his occupation or profession shall not be required to answer any question concerning whether he has been arrested or indicted for a crime. This section shall not prohibit the state from asking whether the applicant has ever been convicted of a crime.
Source.
1971, 355:2, eff. Aug. 24, 1971.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 332-A - Licensing Standards Established › Section 332-A:2 - Licensing and Employment of Aliens.

332-A:2 Licensing and Employment of Aliens. –
No provision of RSA Title XXX and no other provision of law requiring that a licensee, or any employee of a licensee, be a citizen of the United States as a condition of licensing to engage in any profession or occupation shall be applied to deny an alien lawfully resident in the United States such license or employment.
Source.
1976, 31:3, eff. July 25, 1976.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 332-B - New Hampshire Veterinary Practice Act › Section 332-B:1-a - Purpose.

332-B:1-a Purpose. –
The purpose of the board of veterinary medicine is to promote public health, safety, and welfare by safeguarding the people of New Hampshire against incompetent, unscrupulous, and unauthorized persons and from unprofessional or illegal practices by persons licensed to practice veterinary medicine. The right to practice veterinary medicine is a privilege granted by legislative authority to persons possessing personal and professional qualifications specified in this chapter.
Source.
1981, 490:13. 1999, 314:7, eff. Jan. 1, 2000.