Current through Register No. 50, December 12, 2024
Section Env-AC 204.02 - Notice of Appeal(a) An appeal shall be commenced by filing a notice of appeal as specified by this section with the council.(b) A notice of appeal shall include the following:(1) For each appellant, the appellant's full legal name, mailing address, and daytime telephone number and, if available, a fax number and e-mail address;(2) If the notice of appeal is being filed by the appellant's representative, the representative's name, mailing address, and daytime telephone number and, if available, a fax number and e-mail address;(3) If the notice of appeal is being filed by a group of appellants, the group representative's name, mailing address, and daytime telephone number and, if available, a fax number and e-mail address;(4) A citation to the statutory provision(s) that authorize(s) the council to hear the appeal;(5) A clear and concise statement as to why the appellant has standing to bring the appeal which shows why the appellant will suffer a direct and adverse affect or injury in fact as a result of the decision being appealed in a way that is actual and imminent and is particularized to the appellant and that ismore than any impact of the decision on the general public. If the appellant is a group, its statement shall include information showing that at least one of its members possesses standing;(6) A clear and concise statement of the: b.Facts upon which the council is expected to rely in granting relief; andc.Law which supports the requested relief;(7) A copy of the decision or order which is being appealed; and(8) Notice of and support for a request for expedited review, if one is being made pursuant to Env-AC 204.14.(c) A notice of appeal may also include such other information as the appellant deems pertinent and relevant, including attachments of exhibits, illustrations, and sworn written testimony if needed to support factual allegations in the petition.(d) The appeals clerk shall provide a copy of the notice of appeal to the director and to the commissioner of the department.(e) If the appeal relates to the issuance of a permit and the appellant is not the permit holder, the appellant shall serve a copy of the notice of appeal on the permit holder in accordance with Env-AC 204.09.N.H. Admin. Code § Env-AC 204.02
#6586, eff 9-23-97; ss by #8267-A, eff 1-25-05