Section Env-C 503.09 - Debarment(a) Any listing on the roster shall be based on the presumptions that: (1) The information submitted to obtain the listing is true, complete, and not misleading; and(2) The applicant meets the criteria for professional competence as specified in Env-C 502.13.(b) After listing an individual or firm on the roster or while an application to renew a listing is pending, if the department receives information indicating that the information upon which the listing was based was false, incomplete, or misleading or that the individual or firm no longer meets the criteria of Env-C 502.13, the department shall initiate an adjudicative proceeding pursuant to the applicable provisions of RSA 541-A and Env-C 200 to determine whether the individual or firm should be debarred or suspended from being listed.(c) The department shall debar the individual or firm if, as a result of the adjudicative proceeding, the department determines that: (1) The individual or firm would not have been listed on the roster if the information submitted had been true, complete, and not misleading because information that was true, complete, and not misleading would not have supported a finding that the applicant met the criteria for professional competence; and(2) The individual or firm cannot cure the deficiencies so as to demonstrate professional competence.(d) The department shall remove the individual or firm from the roster subject to reinstatement as specified in (f), below, if the department determines that: (1) The individual or firm would have been listed on the roster if the information submitted had been true, complete, and not misleading because information that was true, complete, and not misleading would have supported a finding that the applicant met the criteria for professional competence; and(2) The individual or firm can cure the deficiencies so as to demonstrate professional competence.(e) The department shall notify the individual or firm in writing of its decision. If the decision is to suspend, revoke, or refuse to renew the listing, the department shall specify the reason(s) for the decision.(f) If a listing is suspended pursuant to (d), above, the department shall reinstate the individual or firm on the roster upon receiving proof from the individual or firm that the deficiencies have been cured.(g) Any individual or firm debarred pursuant to this section may apply to be listed on the roster no sooner than 3 years from the date of debarment.N.H. Code Admin. R. Env-C 503.09
Readopted with Amendments and Renumbered byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10644, Effective 7/22/2014, Expires7/22/2024 See Revission note.