Section Env-Wq 1414.03 - Basis and Procedures for Suspension or Revocation(a) Any approval issued by the department shall be issued based on the presumption that the information submitted to obtain the approval is true, complete, and not misleading.(b) If, after the issuance of an approval, the department receives information indicating that the information upon which the approval was based was false, incomplete, or misleading, the department shall notify the recipient in accordance with RSA 541-A:31, III of the date, time and place of a hearing at which the recipient shall be given an opportunity to show cause why the approval should not be revoked.(c) The hearing shall be conducted in accordance with RSA 541-A:31 and Env-C 200.(d) After the hearing, the department shall revoke the approval if the department determines that: (1) The approval would not have been issued if the information submitted had been true, complete, and not misleading; and(2) The project for which the approval was obtained cannot be made to conform to applicable requirements.(e) After the hearing, the department shall suspend the approval if the department determines that:(1) The approval would have been issued if the information submitted had been true, complete, and not misleading; and(2) The project for which the approval was obtained would conform with applicable requirements if the deficiencies are corrected.(f) If an approval is suspended pursuant to (e), above, the department shall reinstate the approval upon receiving proof from the recipient that the project meets applicable requirements for approval.(g) The department shall notify the recipient in writing of its decision. If the decision is to suspend or revoke the approval, the department shall specify the reason(s) for the decision.N.H. Code Admin. R. Env-Wq 1414.03
(See Revision Note at chapter heading for Env-Wq 1400) #9188, eff 7-1-08
Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12062, Effective 12/17/2016, Expires 12/17/2026.