N.H. Code Admin. R. Env-C 214.11

Current through Register No. 25, June 20, 2024

Section Env-C 214.11 - Certificate of Authority

(a) A reporter shall submit to the department a certificate of authority to identify one or more authorized officials if:

(1) The reporter has not previously used the specific NHEDRS to be used; or

(2) A new or additional authorized official is being designated.

(b) Each certificate of authority shall:

(1) Be in writing on the reporter's official letterhead;

(2) Provide the information identified in (c), below, in the same format as the "Reporter Certificate of Authority for CROMERR Compliance" dated August 2019, NHDES-C-05-003; and

(3) Bear the handwritten signature of the certifying officer that has been notarized in accordance with RSA 456-B.

(c) The reporter shall provide the following information as part of each certificate of authority:

(1) The name, mailing address, and main telephone number including area code of the reporter;

(2) The name, title, daytime telephone number including area code, and email address of the certifying officer; and

(3) The name, title, daytime telephone number including area code, and email address of the authorized official.

(d) The certifying officer shall sign and date the certificate.

(e) The signature of the certifying officer required by (d), above, shall constitute certification that the certifying officer:

(1) Has been duly authorized by the reporter to designate an authorized official;

(2) Understands that the authorized official will have the authority to designate one or more signatories, who will be authorized to submit electronic documents required by authorized NH programs on behalf of the reporter to the NHEDRS in lieu of paper submissions;

(3) Understands and agrees that the reporter and the authorized official will be legally bound, obligated, and held responsible by the signatory's use of the NHEDRS to the same extent as submitting a paper document bearing the authorized official's handwritten signature;

(4) Understands and agrees that the NHEDRS will automatically reject any electronic document submitted without a valid electronic signature if such signature is required, and that such rejection means that the required document has not been filed and the reporter will be subject to whatever penalties might apply to the failure to file;

(5) Agrees to notify the NHEDRS contact that the authorized official is no longer authorized to represent the reporter within 10 business days of the authorization being revoked;

(6) Agrees to retain a copy of the fully executed certificate as long as the authorized official continues to represent the reporter; and

(7) Understands and agrees that transmitting an electronic document using the NHEDRS subjects the reporter and the authorized official to:

a.The same state or federal administrative, civil, criminal, or other penalties and remedies as apply to submitting incomplete, false, or misleading information in paper format;

b.Any applicable state or federal administrative, civil, criminal, or other penalties and remedies that apply to not complying with all requirements for using the NHEDRS; and

c.Criminal penalties for falsification in official matters, currently established in RSA 641.

N.H. Code Admin. R. Env-C 214.11

Derived from Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12880, Effective 9/30/2019, Expires 9/30/2029.