New Hampshire Revised Statutes 331-A:5 – Commission; Duty
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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 N.H. Rev. Stat. § 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.]
II. The commission members shall include:
Terms Used In New Hampshire Revised Statutes 331-A:5
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Quorum: The number of legislators that must be present to do business.
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(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 N.H. Rev. Stat. § 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.]