Section Env-C 209.05 - Determination to Deny a License Application or to Suspend, Revoke, or Refuse to Renew a License(a) The determination of whether to deny a license application or to suspend, revoke, or refuse to renew a license shall be made in accordance with the procedural rules specific to the type of license at issue.(b) If the respondent has not already had the opportunity to contest, through an adjudicative proceeding, the prior violation(s) on which the department proposes to base a decision to deny a license application or to suspend, revoke, or refuse to renew a license, the respondent shall have the opportunity to contest such prior violation(s) through an adjudicative proceeding prior to a final decision being made.(c) In any proceeding under (b) above, the division shall bear the burden of proof on any alleged prior violation(s) not documented by one or more enforcement actions in the same manner as would have been true if an adjudicative proceeding had been initiated at the time of discovery of the prior violation(s).N.H. Code Admin. R. Env-C 209.05
#7562, eff 9-26-01; ss by #8851-A, eff 3-25-07