N.H. Admin. Code § Rab 402.02 - Disciplinary Sanctions
(a) Other than immediate license suspensions
authorized by RSA
541-A:30, III, the board
shall impose disciplinary sanctions on an appraiser only:
(1) After prior notice and an opportunity to
be heard; or
(2) Pursuant to a
mutually agreed upon settlement.
(b) After a finding that an appraiser has
committed misconduct, the board shall impose one or more of the disciplinary
sanctions authorized by
RSA
310-B:18, III.
(c) When a person subject to the board's
disciplinary authority is found, after notice and opportunity for hearing, to
have committed misconduct, the board shall impose sanctions after considering
aggravating and mitigating factors including, as specified in
Rab
402.02 (d) and (e).
(d) The following shall be considered
aggravating circumstances:
(1) The seriousness
of the offense;
(2) The licensee's
prior disciplinary record;
(3) Lack
of willingness to cooperate with the board;
(4) Potential harm to the consumer;
and
(5) The purpose of the rule or
statute violated.
(e)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary
record;
(2) Willingness to
cooperate with the board;
(3)
Acknowledgment of the wrongdoing; and
(4) The purpose of the rule or statute
violated.
(f) Copies of
board orders imposing disciplinary sanctions and copies of all settlement
agreements shall be sent to the licensing body of each state in which the
appraiser is licensed and to such other entities, organizations, associations,
or boards as are required to be notified under applicable state or federal
law.
Notes
(See Revision Note at chapter heading for Rab 100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13 (from Rab 402.01)
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