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On Monday 5/15/2023 New Hampshire Office of Professional Licensure & Certification sent out a notice regarding some regulation changes. We have abbreviated that email to only include licensee information. There is a lot of important information and we suggest that you take some time to read it.. We hope you find this useful.
Dear Licensee,
Recently, there have been several statutory and regulatory changes impacting the Real Estate Commission. Due to this, OPLC and the Real Estate Commission are actively working collaboratively in the implementation of the statutory and regulatory changes for the benefit of Licensees and the public.
License Documents:
OPLC is no longer sending license documents of affiliated licensees to the managing or principal broker. Rather, OPLC sends all license documents directly to the licensee via the email on record. Please note, brokers are still required to display licenses of all affiliated licensees at the principal place of business. Per RSA 331-A:15, each licensed broker shall prominently display at the principal place of businesses the broker’s certificate and those of all licensed salespersons and associate brokers associated with or under contract to the broker. Additionally, in the case of a branch office, the license of each broker and salesperson must be delivered or mailed to the managing broker and kept in the custody and control of the managing broker. OPLC is no longer sending license documents of affiliated licensees to the managing or principal broker. Rather, OPLC sends all license documents directly to the licensee via the email on record. Please note, brokers are still required to display licenses of all affiliated licensees at the principal place of business. Per RSA 331-A:15, each licensed broker shall prominently display at the principal place of businesses the broker’s certificate and those of all licensed salespersons and associate brokers associated with or under contract to the broker. Additionally, in the case of a branch office, the license of each broker and salesperson must be delivered or mailed to the managing broker and kept in the custody and control of the managing broker.
Deactivation of Licenses:
OPLC will only deactivate, or place in inactive status, a salesperson’s license if requested by the licensee or ordered by the Commission. OPLC will not automatically deactivate, or place in inactive status, a salesperson’s license upon receiving notification from a broker that a salesperson is no longer affiliated with that broker. Consumers may determine if a salesperson is unaffiliated as the license status will be displayed as “Active-Restricted” on the licensee lookup feature of OPLC’s website. Additionally, no employer will be noted in the remarks section of the licensee lookup feature.
Continuing Education Requirements:
OPLC and the Commission have reviewed continuing education requirements, considering the statutory requirements of RSA 331-A:20. OPLC wishes to clarify that licensees seeking to renew in active status shall be required to complete at least one, three-hour continuing education core course and at least twelve elective hours of continuing education. To receive credit, courses must be accredited by the Commission. An elective course, under RSA 331-A:20, includes topics such as property valuation, construction, contract and agency law, ethics, financing and investment, land use and zoning, property management, taxation, environmental issues, and supervision and office management.
RSA 331-A:25, IX was recently amended to require the Commission to require salespersons renewing for the first time to complete electives in specified topics. OPLC understands the Commission intends to engage in rulemaking to satisfy this requirement. Until such time, any licensee satisfying the statutory requirements of RSA 331-A:20 by completing 12 accredited elective courses shall be deemed to have satisfied the regulatory requirements for continuing education.
Late Renewals:
Due to a recent statutory change, licenses are deemed to lapse when the completed renewal application, renewal fee, and all supporting documents have not been filed by the expiration date noted on the license. Licensees are no longer eligible to renew their license after the expiration date. Licensees who fail to renew prior to the expiration date of the license shall be required to reinstate their license and are not authorized to practice until the license has been reinstated. Practicing without a valid license may subject the licensee to disciplinary action by the Real Estate Commission.
Reinstatements:
Licensees seeking reinstatement can do so by submitting a paper application, which can be found online here: Applications for NH Real Estate Commission | NH Office of Professional Licensure and Certification
Per Rea 401.02, anyone seeking to reinstate up to 6 months after expiration shall provide copies of certificates showing completion of 9 hours of continuing education courses accredited by the commission, in addition to the credits claimed for renewal. Anyone seeking to reinstate after 6 months from expiration, but before 12 months from expiration, shall, in addition to the renewal requirements, provide a certificate of completion of a 40-hour pre licensing course and submit a written explanation as to why the applicant has demonstrated good cause to reinstate, per RSA 331-A:18, II. Anyone seeking to reinstate after 12 months of expiration shall be required to complete all initial licensing requirements.
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