Section Env-Wq 1104.08 - Suspension or Revocation of Registrations(a) Upon finding that information submitted to register a PBF is incorrect or misleading in any material aspect, the department shall proceed in accordance with this section.(b) The department shall notify the owner in writing:(1) Of the specific information that appears to be incorrect or misleading; and(2) That the owner has 10 days from the date of the notice to submit a new registration as specified in Env-Wq 1104.02 that is correct and not misleading.(c) If the owner does not submit a new registration that complies with Env-Wq 1104.02(a) within 10 days of the date of the notice sent pursuant to (b), above, the department shall initiate an action to suspend the registration pursuant to RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 applicable to adjudicative proceedings.(d) The notice issued to initiate the action shall inform the owner:(1) That the department is proposing to suspend the registration;(2) Of the grounds on which the department's proposed action is based; and(3) Of the deadline for submitting:a. A registration that complies with Env-Wq 1104.02(a); orb. A request for a hearing at which the owner may show cause why the registration is correct and not misleading.(e) If the owner requests a hearing instead of submitting a registration that complies with Env-Wq 1104.02(a), the department shall suspend the registration if the department determines, as a result of the proceeding initiated under (c), above, that the information submitted was incorrect or misleading in any material aspect.(f) If the department suspends the registration, the decision issued pursuant to (h), below, shall:(1) Specify a reasonable time in which the owner may 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 registration shall be revoked.(g) A decision to suspend a registration pending receipt of correct, complete, and not misleading information shall not be a final decision from which an appeal may be taken.(h) The department shall issue a written decision to the owner.(i) If the registration is suspended, the decision shall: (1) Specify the reason(s) for the decision;(2) Specify the deadline for submitting a registration that complies with Env-Wq 1104.02(a); and(3) Explain that if a registration that complies with Env-Wq 1104.02(a) is not submitted by the deadline, the registration shall be revoked.(j) The owner of a PBF for which a registration was suspended or revoked pursuant to this section shall not be in compliance with RSA 485-A:26, II(b) unless and until a registration that complies with Env-Wq 1104.02(a) is filed with the department.N.H. Code Admin. R. Env-Wq 1104.08
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)