N.H. Admin. Code § Env-Wt 203.05

Current through Register No. 50, December 12, 2024

Section Env-Wt 203.05 - Action on Remand: Decision

(a) After conducting the review required by Env-Wt 203.04(a), if the appeal ombudsman in consultation with program staff determines that no additional field work is needed, no additional information is needed, and no consultation with legal counsel is required, the appeal ombudsman, in consultation with program staff, shall:

(1) Prepare a draft revised decision for internal review within 10 working days of the review; and

(2) Prepare and issue a final decision no later than 25 working days after completion of the draft revised decision.

(b) After conducting the review required by Env-Wt 203.04(a), if the appeal ombudsman in consultation with program staff determined that preparing a new decision on remand necessitated field work, additional submissions, or consultation with legal counsel, or any combination thereof, the appeal ombudsman in consultation with program staff shall:

(1) Prepare a draft revised decision for internal review within 10 working days of:

a. Completing the field work;

b. Receiving all required information; and

c. Consulting with legal counsel; and

(2) Prepare and issue a final decision no later than 25 working days after preparation of the draft revised decision.

(c) If the remand is of a permitting decision, the department shall send a copy of the final decision to:

(1) The council;

(2) The appellant;

(3) The permit holder, if other than the appellant; and

(4) Each intervenor.

(d) If the remand is of an enforcement decision, the department shall send a copy of the final decision to:

(1) The council;

(2) The appellant;

(3) Each person to whom a copy of the original enforcement decision was sent; and

(4) Each intervenor who is not covered by (3), above.

N.H. Admin. Code § Env-Wt 203.05

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12802, Effective 12/15/2019.