Current through Register No. 45, November 7, 2024
Section Env-WMC 204.14 - Expedited Review of Appeals(a) Any party may request the council to provide an expedited review of an appeal.(b) If the request for expedited review is filed after the notice of appeal has been filed, the party wishing to file the request shall seek concurrence with the request from all other parties to the appeal prior to filing the request.(c) The request for an expedited review shall include the following: (1) The docket number assigned to the appeal, unless the request is part of the notice of appeal;(2) The date on which the notice of appeal was or is being filed with the council;(3) The reason(s) why the expedited review is being sought; and(4) If the request is being filed after the notice of appeal was filed, a statement that the other parties to the appeal agree or disagree with the request or did not respond to the request for concurrence.(d) If not included in the notice of appeal, the party shall file the request for an expedited review in accordance with Env-WMC 203.09(b) at least 10 business days prior to the next scheduled council meeting.(e) The presiding officer shall review the request and determine whether to grant the request.(f) The presiding officer shall grant the request for an expedited review if the presiding officer determines that the expedited review will not unduly burden the opposing party and: (1) There is an imminent and substantial threat to public health or the environment that will remain unaddressed until the appeal is resolved; or(2) The party will suffer an economic hardship if the appeal is not promptly resolved.(g) If the presiding officer grants the request, the presiding officer shall direct the appeals clerk to schedule the appeal hearing for the next scheduled council meeting.N.H. Admin. Code § Env-WMC 204.14