N.H. Admin. Code § Rea 401.01

Current through Register No. 50, December 12, 2024
Section Rea 401.01 - Renewals of License
(a) Applicants for renewal of a broker's license shall complete and submit a "Real Estate Commission Broker Renewal Form", revised 7/2022, and include the following:
(1) The fee pursuant to Rea 301.02;
(2) If the applicant answered "yes" to the question "Have you, since your last original or renewal application been convicted of a felony or misdemeanor offense that has not been annulled by a court?" provide the board with a thorough explanation of the circumstances surrounding each incident including the name of the court, the details of the offense, the date of the conviction, and the sentence imposed;
(3) If the applicant answered "yes" to question "Have any licenses, which you have held been subject to disciplinary action in any state since your last original or renewal application?" attach a letter of explanation disclosing which jurisdiction(s), details of the offense(s), and details of the disciplinary action(s);
(4) If the applicant answered "yes" to question "Have you provided services as a broker in the State of NH since your NH license ceased to be valid" attach a detailed explanation including dates services were provided;
(5) For all broker applicants, the applicant's attestation after the following statement:

"I have read and understand the provisions of New Hampshire revised statutes RSA 331-A and the New Hampshire Real Estate administrative rules, Rea 100 through 700. I attest that the information contained in this form is true and correct to the best of my knowledge and belief and I further acknowledge that the provision of materially false information in the application knowingly provided is a basis for denial and if it is discovered after the license is issued, is a basis for disciplinary action by the commission."

(6) If the applicant is a principal broker, the applicant's signature after the following certification:

"As a principal broker, pursuant to RSA 331-A:13, V, I hereby give permission to the Real Estate Commission to audit the escrow account or accounts. I attest that I have read the forgoing statement and affixed my signature below:"

(7) If the applicant is a principal broker or managing broker, a copy of a surety bond in the sum of not less than $25,000 to run concurrently with the dates of licensure, executed by the applicant and by a surety company authorized to do business in the state of New Hampshire.
(b) Applicants seeking renewal as an associate broker or managing broker under (a) above or as a salesperson under (c) below shall have their principal broker complete and submit the appropriate sections of the "Real Estate Commission Salesperson, Associate Broker, and Managing Broker Affiliation Form" revised 7/2022, indicated by principal broker's signature after the following statement:

"Upon receipt of the license herein applied for, the above named applicant will be employed by me or will otherwise be under contract with me to perform services as a real estate licensee, and will work under my supervision. I will display the salesperson, associate broker, or managing broker's license prominently at my place of business, and when the salesperson, associate broker, or managing broker's leaves my employ I will notify the New Hampshire Real Estate Commission within 5 days, as required by RSA 331-A:17, IV."

(c) Applicants for renewal of a salesperson's license shall complete and submit a "Real Estate Commission Salesperson Renewal Form" revised 7/2022 and include the following:
(1) The fee pursuant to Rea 301.02;
(2) If the applicant answered "yes" to the question "Have you, since your last original or renewal application, been convicted of a felony or misdemeanor offense that has not been annulled by a court?" the applicant shall provide the commission with a detailed explanation of the circumstances surrounding each incident including the name of the court(s), the details of the offense(s), the date of conviction(s), and the sentence(s) imposed;
(3) If the applicant answered "yes" to the question "Have any licenses, which you have held, been subject to disciplinary action in any state since your last original or renewal application?" the applicant shall attach a letter of explanation disclosing which jurisdiction(s), details of offense(s), and details of disciplinary action(s);
(4) If the applicant answered "yes" to the question "Have you provided services as a salesperson in the State of NH since your NH license ceased to be valid?" attached a detailed explanation including dates services were provided;
(5) The applicant's attestation after the following statement:

"I have read and understand the provisions of New Hampshire revised statutes, RSA 331-A and the Real Estate Commission administrative rules, Rea 100 through 700. I attest that the information contained in this form is true and correct to the best of my knowledge and belief and I further acknowledge that the provision of materially false information in the application knowingly provided is a basis for denial and if it is discovered after the license is issued, is a basis for disciplinary action by the Commission."

(6) The principal broker shall sign and date below the following attestation:

"Upon receipt of the license herein applied for, the above named applicant will be employed by me or will otherwise be under contract with me to perform services as a real estate licensee, and will work under my supervision. I will display the salesperson's license prominently at my place of business, and when the salesperson leaves my employ I will notify the New Hampshire Real Estate Commission within 5 days, as required by RSA 331-A:17."

(d) The forms described in (a) and (b) above may be accessed at http://www.app-support.nh.gov/licensing.
(e) All broker and salesperson renewal applicants shall complete continuing education requirements pursuant to Rea 403.01.
(f) All licensees applying to have their license renewed shall submit a continuing education certificate pursuant to RSA 331-A:19, containing the following:
(1) Name, address, license number, and signature of renewal applicant;
(2) Name and location of continuing education program;
(3) Date and number of credit hours obtained; and
(4) Name of program instructor.
(g) All principal broker and managing broker renewal applicants shall submit to the commission a surety bond in the sum of not less than $25,000 to run concurrently with the dates of licensure, executed by the applicant and by a surety company authorized to do business in the state of New Hampshire.
(h) All applicants for renewal of a broker license as a firm shall complete and submit a "Real Estate Commission Firm Renewal Form", revised 7/2022, and include the fee required pursuant to Rea 301.02 and the firm's certificate of good standing from the secretary of state. If the applicant is a non-resident, the applicant shall include a signed "Real Estate Commission Irrevocable Uniform Consent to Service of Process" dated 7/2022, as required by RSA 331-A:22, II and sign the form after the following statement:

"The undersigned applicant for licensure as a broker, salesperson or broker firm in New Hampshire (Print Name of Person or Brokerage Firm) does hereby irrevocably consent, stipulate and agree that suits, actions and administrative proceedings may be commenced against such applicant in the courts and agencies of this State, by the service of any process authorized by the laws of this State on the Executive Director of the New Hampshire Office of Professional Licensure and Certification and that service of such process upon said Executive Director shall be taken and held in all courts to be as valid and binding as if the service had been made upon said applicant in the State of New Hampshire.

I, (Name of Applicant - individual, entity, or Brokerage firm), am authorized to act on behalf of the Applicant, (if an entity or brokerage firm), and agree that notice of service of process on the Executive Director of the New Hampshire Office of Professional Licensing & Certification ("OPLC"), shall be sent to, (check one), me as the Applicant -OR- (name of person responsible for service upon the entity or Brokerage firm) at the current address and/or email address on file with the OPLC."

(i) All applicants for renewal of a broker license as a firm branch shall complete and submit a "Real Estate Commission Firm Branch Renewal Form", revised 7/2022 and include the fee required pursuant to Rea 301.02 and the firm's certificate of good standing from the secretary of state. If the applicant is a non-resident, the applicant must include on the application a signed "Real Estate Commission Irrevocable Uniform Consent to Service of Process" dated 7/2022, as required by RSA 331-A:22, II.

N.H. Admin. Code § Rea 401.01

#2130, eff 8-30-82; amd by #2474, eff 9-12-83; ss by #2847, eff 9-19-84, EXPIRED: 9-19-90

New. #5573, eff 2-11-93; amd by #6718, eff 3-24-98; amd by #7163, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

New. #7265, eff 5-6-00; ss by #7521, eff 6-28-01; ss by #9301, eff 10-22-08

Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12213, Effective 6/18/2017, Expires 6/18/2027.
Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by #12977-B, Effective 1/23/2020, Expires 1/23/2020
Amended by Volume XLII Number 45, Filed November 10, 2022, Proposed by #13464, Effective 12/17/2022, Expires 12/17/2032