N.H. Code Admin. R. Env-WtC 204.03

Current through Register No. 25, June 20, 2024
Section Env-WtC 204.03 - Decision to Commence Appeal Proceeding
(a) At its first regularly-scheduled meeting that occurs at least 30 days after receipt of a petition for appeal that meets the requirements of Env-WtC 203.03, the council shall consider the petition and any motions to summarily dismiss the petition and replies thereto and:
(1) Dismiss the petition if any of the criteria of Env-WtC 204.04 is met; or
(2) Commence an appeal proceeding.
(b) A decision to commence an appeal proceeding shall not be a final order of the council that is subject to further appeal.
(c) If the council dismisses the petition, the appeals clerk shall:
(1) Prepare a written notice stating the decision, the reason(s) for the decision, and the deadline for filing a request for reconsideration; and
(2) Serve the notice in accordance with Env-WtC 203.10.
(d) If the council decides to commence an appeal proceeding, the appeals clerk shall send written notice of the decision to all persons on the service list to inform them of the council's decision.
(e) The notice sent pursuant to (d) also shall inform the recipients that the council will schedule a prehearing conference, which shall be held no sooner than 20 days from the date of the notice.

N.H. Code Admin. R. Env-WtC 204.03

#8534, eff 12-30-05