Section Env-Sw 1509.02 - Procedure(a) Revocation or suspension of certification shall proceed in accordance with RSA 541-A:30 and this part.(b) Prior to making a decision to revoke or suspend certification, the department shall hold an adjudicative hearing in accordance with the provisions of Env-C 200 that apply to adjudicative proceedings.(c) A written notice of hearing shall be provided to the general public by publication in a statewide newspaper and to persons the department knows to have a direct interest in the product, including product manufacturers, distributors and waste generators.(d) The hearing notice shall identify: (2) The action the department proposes to take;(3) The reason(s) for the proposed action;(4) The department's authority for taking such action;(5) The date, time and place for the hearing; and(6) The name, title, mailing address and telephone number of the department official or employee who may be contacted regarding the notice.(e) Certification shall be revoked if the department determines, following the procedures in RSA 541-A:30, that: (1) Good cause as provided in Env-Sw 1509.03 exists; and(2) There are no circumstances by which the underlying problem can be corrected or eliminated for the product and certification in question.(f) Subject to (g) below, certification shall be suspended if the department determines, following the procedures in RSA 541-A:30, that: (1) Good cause as provided in Env-Sw 1509.03 exists; and(2) Given time to do so, there are circumstances by which the underlying problem can be corrected or eliminated, thereafter allowing the certification to be reinstated as originally issued.(g) Written notice of the department's decision shall be provided to the public, all other persons receiving notice of the hearing pursuant to (c) above and all hearing participants.(h) Upon revocation or suspension of certification, the department shall remove the waste-derived product from the list maintained pursuant to Env-Sw 1508.N.H. Admin. Code § Env-Sw 1509.02
#6619-B, eff 10-29-97 ; (See Revision Note at chapter heading for Env-Sw 1500) ss by #8459, eff 10-28-05 (formerly Env-Wm 3209.02 )
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10599, Effective 7/1/2014, Expires7/1/2024.