Section Env-WC 203.08 - Service List; Service of Documents(a) For each appeal, the appeals clerk shall maintain a service list that identifies: (1) Each participant or, if the participant is represented and the representative filed the notice of appeal or has otherwise filed an appearance, the participant's representative;(2) Each person who has filed a motion to intervene that has not yet been ruled on by the council; and(3) The mailing address, daytime telephone number, and, if available, fax number and e-mail address of each person identified in (1) and (2), above.(b) The appeals clerk shall provide a copy of the service list to any person upon request.(c) Any person who files an appeal-related document with the council other than documents or exhibits filed at a hearing or prehearing conference shall serve a copy of the document on each person identified on the service list.(d) Service shall be made:(1) As specified in (g), below;(2) On or before the date of filing of the original document with the appeals clerk; and(3) On the representative of a participant for whom a representative has filed an appearance, provided however that timely service inadvertently made on a participant for whom a representative has filed an appearance shall be sufficient regardless of whether the participant's representative also was served.(e) Except for exhibits distributed at a prehearing conference or hearing, every document required to be served upon the participants in an appeal shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service and the person(s) served.(f) If time is of the essence in a filing and service will be made by mail, the person filing the document shall send a copy of the document by fax or e-mail to all other participants for whom a fax number or e-mail address is available, and shall notify any participant for whom a fax number or e-mail address is not available of the filing by telephone.(g) Delivery of documents pursuant to this section shall be by: (1) Delivery in hand to the recipient or, if the recipient is unavailable, to the recipient's representative, in which case the person delivering the document shall sign a statement indicating the date and time of delivery and the identify of the person receiving the document;(2) First class mail to the recipient, postage prepaid, in which case a certificate of mailing shall be obtained by the person sending the document;(3) Certified mail to the recipient, return receipt requested;(4) Unites States Postal Service express delivery service to the recipient; or(5) Private express delivery service, such as Federal Express or UPS, to the recipient.N.H. Admin. Code § Env-WC 203.08
(See Revision Note at chapter heading Env-WC 200) #5469, eff 9-17-92, EXPIRED: 9-17-98
New. #6860, INTERIM, eff 10-1-98, EXPIRED: 1-29-99
New. #7011, eff 6-9-99; ss by #8892, INTERIM, eff 6-9-07, EXPIRES: 12-6-07; ss by #8977-A, eff 9-14-07