Section Env-Wq 1103.15 - Suspension or Revocation of Approvals(a) Upon finding that information submitted as part of an application for which an approval has been issued is incorrect, misleading, incomplete, or otherwise deficient, the department shall proceed in accordance with this section.(b) The department shall initiate an action to suspend or revoke the approval pursuant to RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 applicable to adjudicative proceedings.(c) The notice issued to initiate the action shall inform the owner: (1) That the department is proposing to suspend or revoke the approval;(2) Of the grounds on which the department's proposed action is based; and(3) Of the deadline for requesting a hearing at which the owner may show cause why the approval should not be suspended or revoked.(d) The department shall suspend the approval if the department determines, as a result of the proceeding initiated under (b), above, that:(1) The deficient information was submitted inadvertently or negligently; and(2) The approval would have been issued if correct, complete, and not misleading information had been submitted originally.(e) If the department suspends the approval, the decision issued pursuant to (h), below, shall:(1) Specify a reasonable time in which the owner can correct the deficiencies that formed the basis for the suspension; and(2) Notify the owner that if the deficiencies are not corrected within the time specified, the approval shall be revoked.(f) A decision to suspend an approval pending receipt of adequate and correct information shall not be considered a final decision from which an appeal may be taken.(g) The department shall revoke the approval if the department determines, as a result of the proceeding initiated under (b), above, that:(1) The permit holder submitted deficient information with the intent to mislead or to avoid one or more requirements of the statute or rules; or(2) The approval would not have been issued if correct, complete, and not misleading information had been submitted originally.(h) The department shall issue a written decision to the owner. If the approval is suspended or revoked, the decision shall specify the reason(s) for the decision.N.H. Code Admin. R. Env-Wq 1103.15
Derived from Volume XLI Number 19, Filed May 13, 2021, Proposed by #13198, Effective 5/1/2021, Expires 5/1/2031 (see Revision Note #3 at chapter heading for Env-Wq 1100)