Section Env-C 204.06 - Notice(a) The department shall send notice of the initiation of an adjudicative proceeding to each respondent in accordance with (g), below.(b) The notice sent pursuant to (a), above, shall state:(1) The docket number assigned to the proceeding by the department;(2) The action the department is proposing to take;(3) The statutory authority for the department to take the action;(4) The facts and law that support the proposed action; and(5) That the respondent has the opportunity for a hearing prior to a final decision being made by the department.(c) If the department has already scheduled an oral adjudicative hearing for the matter when the notice required by (a), above, is prepared, the notice shall also state: (1) The date, time, and location of the oral adjudicative hearing;(2) That the respondent has the right to have an attorney present to represent the respondent at the respondent's expense; and(3) If the proceeding relates to the respondent's occupational license, that the respondent may request the department to provide a certified shorthand court reporter at the respondent's expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.(d) If the department schedules an oral adjudicative hearing subsequent to sending notice pursuant to (a), above, the department shall send a written notice that includes the docket number and the information specified in (c)(1) - (3), above, to each respondent and intervenor, if any, in accordance with (g), below.(e) If other persons who are not intervenors notify the department that they are interested in attending the hearing, the department shall send notice to such persons by first-class mail.(f) If an oral adjudicative hearing is rescheduled for any reason, the department shall give written notice of the date, time, and place of the rescheduled hearing by delivery in hand or by first class mail to the respondent(s), any intervenor(s), and any person(s) who received notice of the original hearing pursuant to (e), above.(g) The department shall send the notice required by (a) or (d), above, by certified mail, return receipt requested. If the certified mail is not accepted, the notice shall be delivered by any method that is allowed for serving civil writs or other process as specified in RSA 510:2, RSA 510:4, or RSA 510:8 -17, as applicable.N.H. Code Admin. R. Env-C 204.06
#6960, eff 3-25-99 ; ss by #8851-A, eff 3-25-07