N.H. Code Admin. R. Env-Wq 603.03

Current through Register No. 25, June 20, 2024

Section Env-Wq 603.03 - Engineer Questionnaire

The applicant for a new listing or for renewal shall provide the following information on an engineer questionnaire form provided by the department:

(a) The name, mailing address, and daytime telephone number of the applicant and, if available, a fax number and e-mail address;

(b) T he type of business entity and the year in which the organization was established;

(c) The name of any parent company and the former name(s) of the applicant, if any;

(d) The name(s) of the principal(s) of the applicant and a listing of the educational and engineering background(s) of each principal;

(e) The name(s) of the associate(s) of the applicant and a listing of the educational and engineering background(s) of each associate;

(f) A list of the current project activities for which the applicant is the designated engineer of record;

(g) A list of the current project activities on which the applicant is working in association with others;

(h) The number of employees of the applicant; and

(i) A list of all projects completed by the applicant in the category of prequalification desired.

N.H. Code Admin. R. Env-Wq 603.03

(See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.05 )

Env -Wq 603.04 Signatures Required.

(a) The applicant shall sign the application form and the engineer questionnaire.

(b) The signatures shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer;

(2) The signer understands that any roster listing based on false, incomplete, or misleading information shall be subject to debarment; and

(3) The consulting engineering firm agrees to abide by the provisions of Env -Wq 600, selection of consulting engineering firms.

Source. (See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.05 )

Env -Wq 603.05 Review of Application for New Listing.

(a) Each application for a new listing shall be reviewed by the department.

(b) Each applicant for a new listing shall be interviewed by the department to review the application and the information provided.

(c) The department shall approve the application for a new listing if, based on the information provided as required by Env-Wq 603.01, the applicant demonstrates professional competence in the category/ies for which prequalification is sought.

Source. (See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.06 )

Env -Wq 603.06 Written Response.

(a) The department shall notify the applicant for a new listing in writing of its decision on the application within 30 days of receiving a complete application.

(b) If the department denies the application, the written notice shall specify the reason(s) for the decision.

Source. (See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.07 )

Env -Wq 603.07 Renewal.

(a) In order to remain on the roster, a prequalified consulting engineering firm shall submit to the department, by October 31 of each year following the initial year of listing on the roster:

(1) The $50 fee required by RSA 485-A:4, XIII, by cash or check payable to "Treasurer - State of New Hampshire"; and

(2) An updated engineer questionnaire as specified by Env -Wq 603.03 that has been signed in accordance with Env -Wq 603.04 .

(b) The department shall continue to include the firm on the roster if:

(1) The applicant has complied with (a), above; and

(2) The department is not aware of any basis for debarment as specified in Env-Wq 603.08(a).

(c) If the department becomes aware of any basis for debarment as specified in Env-Wq 603.08(a) after receiving a renewal submittal, the department shall notify the firm of the basis for debarment by commencing a proceeding under Env-Wq 603.08.

Source. (See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.11 )

Env -Wq 603.08 Debarment.

(a) Any listing on the roster shall be based on the presumption that the information submitted to obtain the listing is true, complete, and not misleading and that the firm meets the criteria for professional competence as specified in Env -Wq 602.12.

(b) If, after listing a consulting engineering firm on the roster, the department receives information indicating that the information upon which the listing was based was false, incomplete, or misleading or that the firm no longer meets the criteria of Env-Wq 602. 12, the department shall provide notice to the firm as required by RSA 541-A:31, III of a hearing at which the firm shall be given an opportunity to show cause why the firm should not be removed from the roster.

(c) The hearing shall be conducted in accordance with RSA 541-A:31 and the provisions of Env-C 200 relating to adjudicative proceedings.

(d) After the hearing, the department shall remove the consulting engineering firm from the rosterif the department determines that:

(1) The firm would not have been listed on the roster if the information submitted had been true, complete, and not misleading; and

(2) The firm cannot cure the deficiencies so as to conform to applicable requirements.

(e) After the hearing, the department shall suspend the listing if the department determines that:

(1) The firm would not have been listed on the roster if the information submitted had been true, complete, and not misleading; and

(2) The firm can cure the deficiencies so as to conform to applicable requirements.

(f) The department shall notify the firm in writing of its decision. If the decision is to suspend, revoke, or refuse to continue the listing, the department shall specify the reason(s) for the decision.

(g) If a listing is suspended pursuant to (e), above, the department shall reinstate the firm on the roster upon receiving proof from the firm that the deficiencies have been cured.

Source. (See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.08 )

Env -Wq 603.09 Right of Appeal. Any consulting engineering firm whose application for a new listing is denied or that is removed from the list pursuant to Env -Wq 603.08 may appeal the decision to the water council by filing an appeal in accordance with Env-WC 200.

Source. (See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.09 )

Env -Wq 603.10 Roster.

(a) The department shall publish a roster of the names of prequalified consulting engineering firms at least twice each year.

(b) The roster shall list the consulting engineering firms categorized into one of the following 4 categories:

(1) Category 1, comprising all consulting engineering firms prequalified with expertise in water supply engineering, including water treatment;

(2) Category 2, comprising all consulting engineering firms prequalified with expertise in water pollution control engineering, including wastewater treatment;

(3) Category 3, comprising all consulting engineering firms prequalified with expertise in water or wastewater piping systems, including pumping; and

(4) Category 4, comprising all consulting engineering firms prequalified with expertise in all of the foregoing 3 categories.

Source. (See Revision Note at chapter heading for Env-Wq 600) #8566, eff 2-9-06 (formerly Env-Ws 601.10 )