N.H. Code Admin. R. Rea 301.03

Current through Register No. 16, April 18, 2024
Section Rea 301.03 - Filing Requirements
(a) All candidates for the real estate licensing examination shall file a completed "New Hampshire Real Estate Examination Registration Form", together with the examination fee and the completed pre-licensing course affidavit if applicable, in the office of the commission prior to scheduling a real estate exam.
(b) The candidate shall supply on such registration form the following:
(1) Legal name and address of candidate registering to take the real estate licensing examination;
(2) Phone number;
(3) Social security number, as required by RSA 161-B:11, VI-a;
(4) Email address;
(5) Date of birth;
(6) Gender;
(7) School code;
(8) Broker designation;
(9) Date of previous real estate licensing examination taken in this state, if any;
(10) The test type being requested, whether salesperson or broker;
(11) The test portion being requested, whether state, national, or both; and
(12) Signature of candidate, dated with the date the applicant signed the form.
(c) Candidates who apply for the broker examination based on being licensed in another state for at least one calendar year shall submit the name of each state in which the candidate is licensed, the license number from each state, and a certificate of good standing from the licensing authority of the state in which the person was licensed along with the examination registration.
(d) No notice to schedule an examination shall be mailed to any candidate unless and until a completed registration form, completed pre-licensing course affidavit if applicable, certificate of good standing if applicable, and examination fee have been received and accepted in the office of the commission.
(e) All candidates shall take the examination within 3 months from the date of receipt of the exam registration at the office of the commission.
(f) Any candidate who fails to take the examination within the 3-month period as required by Rea 301.03(e) shall be required to submit a new registration and fee.
(g) Any candidate who fails to take the examination within the 3-month period as required by Rea 301.03(e) due to good cause under (2) below may request up to an additional 30 calendar days by:
(1) Filing with the commission a written request for a waiver no later than the last business day prior to the expiration of the 3-month period as required by Rea 301.03(e);
(2) Late filing shall be justified by a showing of good cause. Good cause shall include serious accident, illness, or other circumstances beyond the control of the candidate which actually prevent the candidate from taking the examination; and
(3) Relevant supporting documentation from the candidate's physician or medical professional shall be furnished to the commission when necessary for a fair and informed determination by the commission or designee.
(h) Candidates for the broker or salesperson exam shall attain a minimum score of 70.
(i) Candidates who apply for the broker examination based on employment as a salesperson pursuant to RSA 331-A:10, II shall submit the following in the application for licensure:
(1) Verification of dates of employment as a salesperson by employing broker;
(2) Amount of time worked as a salesperson as defined in RSA 331-A:2, X; and
(3) Notarized signature of employing broker attesting that the information supplied on the "Broker Application" referenced in Rea 301.01(a)(1) is true.
(j) Candidates who seek approval to take the broker examination based on equivalent experience pursuant to RSA 331-A:10, II(c) shall complete and submit an "Equivalent Experience Form to One Year's Service as a Licensed Salesperson", revised June 2021.
(k) Candidates for the broker examination shall show proof of completion of 60 hours of approved study, pursuant to RSA 331-A:10, II, consisting of the following:
(1) A juris doctor degree from an accredited law school obtained by a licensed attorney who actively practices or practiced in real estate law within the last 5 years;
(2) One of the following degrees within 5 years prior to the date of examination:
a. A bachelor's degree with a major in real estate from an accredited college, university, or institute of higher learning;
b. A bachelor's degree from an accredited college, university, or institute of higher learning, having completed coursework equivalent to a major in real estate; or
c. An associate's degree in real estate from an accredited institution; or
(3) Successful completion of the education requirements and receipt of the designation for at least one of the following within 5 years prior to the date of examination:
a. Certified Commercial Investment Member (CCIM); or
b. Graduate, Realtor Institute (GRI).
(l) The following items may be applied towards the 60 hours of approved study:
(1) Real estate continuing education courses previously approved by the commission for credit that have been successfully completed within 24 months prior to the date of examination may be submitted consisting of one or more of the following:
a. One 3 hour accredited core course; and
b. Accredited elective courses;
(2) Evidence of successfully completing 40 hours of accredited pre-licensing education may be submitted consisting of the following:
a. New Hampshire accredited pre-licensing education with a minimum of 32 hours of classroom attendance or real-time internet live-class distance education pursuant to 2. below, or a combination thereof, and no more than 8 hours of distance education which began within 6 months prior to the date of examination in compliance with the following:
1. Pre-licensing distance education that is not real-time internet live-class shall only be allowed for acceptable absences, including:
(i) Family emergencies;
(ii) Illnesses;
(iii) Technical issues during real-time internet live-class; and
(iv) Other unforeseen circumstances;
2. Real-time internet live-class shall:
(i) Have live video and audio feeds of all participants that will allow real time visualization, instructor, monitoring, and communication among all participants;
(ii) Be equal to one credit hour for each hour of real-time internet live-class for an attendee who was present by video and audio throughout the hour(s); and
(iii) Allow the students to view a live video stream of the instructor unless the instructor is presenting instructional material through a shared screen presentation.
3. All distance education, that is not a real-time internet live-class, shall be provided through audio or visual recordings or correspondence delivery with a final examination consisting of a minimum of 25 questions; and
4. Pre-licensing distance education shall not exceed 2 classes; or
b. A minimum of 32 hours of classroom attendance and no more than 8 hours of distance education which began within 6 months prior to the date of examination consisting of 34 hours of accredited national material completed in another state and a minimum of 6 hours of New Hampshire accredited state material; or
(3) Real estate related credit courses successfully completed within the past 5 years at an accredited college, university, or institute of higher learning, and evidenced by a transcript, may be submitted to the commission for approval, including courses with topics such as, but not limited to:
a. Accounting;
b. Management;
c. Real estate law;
d. Finance;
e. Real estate investment;
f. Appraisal courses; and
g. Paralegal courses.
(m) Each hour of the courses outlined in (l)(1) and (2), above, shall count towards one hour of credit toward the required 60 hours. All 3- credit or more courses submitted and approved under (l)(3) as real estate related education shall receive 12 credit hours.
(n) Schools or individuals may seek accreditation of education not included in (k)(3) and (l)(1) through (3) above or (p) below by submitting the course content outline, course materials, course hours, course accreditation fee, and certificate of completion to the commission.
(o) For purposes of (l)(2) above, proof of a pre-licensing course previously used to fulfill the salesperson's education requirement shall not be used to fulfill the broker education requirement.
(p) Candidates for the salesperson examination shall complete 40 hours of approved study prior to the date of examination, pursuant to RSA 331-A:10, I.
(q) Evidence of successfully completing 40 hours of accredited pre-licensing education shall be submitted consisting of the following:
(1) New Hampshire accredited pre-licensing course with a minimum of 32 hours of classroom attendance or real-time internet live-class distance education pursuant to a.1. below, or a combination thereof, and no more than 8 hours of distance education which began within 6 months prior to the date of examination in compliance with the following:
a. Real-time internet live-class shall:
1. Have live video and audio feeds of all participants that will allow real time visualization, instructor monitoring, and communication among all participants;
2. Be equal to one credit hour for each hour of real-time internet live-class for an attendee who was present by video and audio throughout the hour(s); and
3. Allow the students to view a live video stream of the instructor unless the instructor is presenting instructional material through a shared screen presentation.
b. Pre-licensing distance education, that is not real-time internet live-class, shall only be allowed for acceptable absences, including:
1. Family emergencies;
2. Illnesses;
3. Technical issues during real-time internet live-class; and
4. Other unforeseen circumstances;
c. All distance education, that is not a real-time internet live-class, shall be provided through audio or visual recordings or correspondence delivery with a final examination consisting of a minimum of 25 questions; and
d. Pre-licensing distance education, that is not a real-time internet live-class, shall not exceed 2 classes; or
(2) A minimum of 32 hours of classroom attendance and no more than 8 hours of distance education which began within 6 months prior to the date of examination consisting of 34 hours of accredited national material completed in another state and a minimum of 6 hours of New Hampshire accredited state material.
(r) Candidates who fail to satisfy the education requirement pursuant to RSA 331-A:10 prior to the date of the examination shall re-take the exam in its entirety. This shall apply even if the candidate passes a portion or all of the examination.
(s) Examination candidates shall not send the application for license and license fee to the commission until after they have received notification that they passed both the uniform and state portions of the written examination, or passed the state portion for reciprocal non-resident licensees.
(t) Real estate applicants shall not complete the broker or salesperson application for a license, including all notarized signatures, more than 30 days prior to submission to the commission office.

N.H. Code Admin. R. Rea 301.03

#2130, eff 8-30-82; ss by #2847, eff 9-19-84; ss by #4304, eff 8-21-87; ss by #4559, eff 12-28-88; amd by #4713, eff 11-28-89; ss by #5569, eff 2-11-93, EXPIRED: 2-11-99

New. #7162, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

New. #7264, eff 5-6-00; ss by #7520, eff 6-28-01; ss by #8832, eff 5-1-07; amd by #9301, eff 10-22-08; amd by #10147, eff 8-1-12

Amended by Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11030, Effective 1/28/2016, Expires 7/26/2016.
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 XLI Number 32, Filed August 12, 2021, Proposed by #13240, Effective 7/21/2021, Expires 7/21/2031.