Section Env-WtC 207.01 - Issuance of Final Decision(a) After considering the arguments and evidence, the council shall decide whether the appellant has met its burden of proving by a preponderance of the evidence that the department's decision was unlawful or unreasonable.(b) If the council finds in favor of the appellant, the council shall remand the matter to the department for proceedings not inconsistent with the council's decision, subject to the department's right to seek reconsideration of and further appeal the decision.(c) The council shall issue a written decision for each appeal. If the council determines that the decision that is being appealed was unlawful or unreasonable, the council's written decision shall clearly identify the reason(s) for the decision.(d) The appeals clerk shall serve the decision in accordance with Env-WtC 203.10.(e) An order of the council shall not be final until the council issues a written decision pursuant to this section.N.H. Code Admin. R. Env-WtC 207.01
#6652-B, eff 12-12-97, EXPIRED: 12-12-05
New. #8534, eff 12-30-05