N.H. Code Admin. R. Env-C 209.07

Current through Register No. 25, June 20, 2024

Section Env-C 209.07 - Requests to Expedite Review of an Application

(a) In a program for which the governing statute or rule does not explicitly provide for an optional expedited process, an applicant who wishes to request an expedited review of an application shall submit the following in writing to the department:

(1) All information necessary to identify the application for which the request is being submitted;

(2) A request to expedite the department's review of the application that includes:

a. The reason(s) for the request;

b. The status of any other federal, state, or local approvals also required for the project and, if such approvals have already been issued, the issuing body, approval number, and date of issuance; and

c. A proposed deadline for the department to issue a decision and the reason(s) for the deadline selected; and

(3) Certification that:

a. The application is complete and contains the current plans for the project, if plans are required by the applicable rules;

b. All information submitted with the application is true and not misleading;

c. The applicant understands that the submittal of false or misleading information, or both:

1. Constitutes grounds to suspend or revoke any license issued based on the information; and

2. Subjects the applicant to penalties for falsification in official matters, currently in RSA 641; and

d. The applicant will respond to the department's requests for more information or comments, or both, within 10 calendar days after the date of the request.

(b) If a request for an expedited review of an application is received under (a), above, the commissioner, in consultation with the director of the division having subject matter authority over the application and staff of the program in which the application is pending shall, in order to make a determination under (c), below, consider the basis for the request and the number and complexity of other applications already being processed or awaiting review by the program.

(c) The commissioner shall expedite the review of the application if she or he determines that:

(1) The application for which the request has been submitted is complete and includes the most recent plan(s) for the project, if plans are required;

(2) Good cause as described in (d), below, exists to grant the request;

(3) All applicable statutory and rule-based deadlines will still be met for all other pending applications in the same program; and

(4) The applicant has committed to responding to the department's comments within 10 calendar days after the date of the request.

(d) The following shall constitute good cause to expedite a review:

(1) Expedited review is necessary to abate a substantial and imminent threat to public health or safety; or

(2) Expedited review is necessary to facilitate:

a. Essential and substantial economic development in an area of the state that is in need of such development that would not otherwise occur without review being expedited;

b. An important public interest and fundamental public responsibility, including but not limited to those relating to public education and public health, where project completion is time-sensitive, for example completing a school building prior to the beginning of a new school year; or

c. The receipt of funding in the form of grants or low-interest loans for projects that will benefit low-income segments of society, such as constructing workforce or senior housing.

(e) To expedite the review of the application, the commissioner shall direct the application that is the subject of the request to be reviewed:

(1) Ahead of other pending applications; or

(2) By other staff of the department, provided that no application shall be reviewed by any individual who does not have the qualifications needed for the position held by the individual(s) who normally would review the application.

(f) The department shall notify the requestor of the commissioner's decision on the request to expedite review of the application in writing within 5 working days of receipt of the request. If the request is granted, the notice shall identify the anticipated deadlines for processing the application and issuing a decision.

(g) If review is expedited, then:

(1) Accommodation shall be made for receipt of comments required or allowed to be submitted by law, such as under RSA 482-A:11 or RSA 541-A:39; and

(2) The application shall be granted or denied as specified in the applicable rules.

N.H. Code Admin. R. Env-C 209.07

Derived from Volume XXXIX Number 46, November 14, 2019, Proposed by #12902-B, Effective 10/22/2019, Expires 10/22/2029.