N.H. Admin. Code § Ec-Wet 203.03

Current through Register No. 45, November 7, 2024

Section Ec-Wet 203.03 - Docketing and Review

(a) Upon receipt of a notice of appeal, the appeals clerk shall:

(1) Docket the appeal;

(2) Notify the attorney general and request appointment of a hearing officer to act as presiding officer for the appeal in accordance with RSA 21-M:3, VIII; and

(3) Inform the appellant of the docket number for the appeal.

(b) Upon appointment by the attorney general pursuant to RSA 21-M:3, VIII, the hearing officer shall serve as presiding officer for an appeal until removed or replaced by the attorney general.

(c) The presiding officer shall review the notice of appeal and dismiss any appeal that, viewed in the light most favorable to the appellant:

(1) Is not timely filed;

(2) Does not conform to the filing requirements of Ec-Wet 203.01(b);

(3) Is not within the jurisdiction of the council; or

(4) Does not plead facts or law sufficient to:

a. State a claim that the department decision was unlawful or unreasonable; and

b. Establish that the appellant has standing to bring the appeal.

(d) An order of dismissal under paragraph (c) above shall:

(1) Identify the defects in the notice of appeal that resulted in the dismissal; and

(2) Grant the appellant 30 days to cure all identified defects, unless any of the defects is incurable and such opportunity to cure would be futile. An opportunity to cure identified defects under this section shall not include an opportunity to raise new claims not brought in the initial appeal. The presiding officer shall dismiss with prejudice any new claims so brought. In granting an appellant 30 days to cure identified defects, the presiding officer shall specify whether the appellant must:

a. Submit a fully revised notice of appeal; or

b. Submit a supplemental filing specifying only the specified information or documentation omitted from the original notice of appeal.

(e) If an appellant fails to cure defects in a notice of appeal after having opportunity to do so pursuant to paragraph (d)(2) above, the presiding officer shall dismiss the appeal with prejudice.

N.H. Admin. Code § Ec-Wet 203.03

Derived from Volume XLII Number 2, Filed January 13, 2022, Proposed by #13305, Effective 12/15/2021 (see Revision Note at chapter heading for Ec-Wet 100).