Section Fis 1004.13 - Suspension or Termination of Consultation and Withdrawal of Recommendations(a) Upon a determination that information material to consultation was false, incomplete, or misleading, the department shall suspend or terminate consultation as set out in (b) and (c) below, or withdraw department recommendations as set out in (g) below. (b) The department shall suspend consultation if the department determines that: (1) The deficiencies can be corrected by the submission of true, complete, and not misleading information; and(2) The deficient information was submitted inadvertently or negligently. (c) The department shall terminate consultation and take no further action on the request for consultation if the department determines that the applicant submitted deficient information with an intent to mislead or to avoid conservation measures recommended by the department. (d) A notice of suspension pursuant to (b) above shall specify: (1) The deficient information; (2) The reason(s) for the department's decision; and (3) A reasonable time in which the applicant may correct the deficiencies.(e) Upon receipt of the submission of true, complete, and not misleading information pursuant to the notice provided under (d) above, the suspension shall be lifted, provided that the applicant consents to a reasonable extension of time to permit the department to review the newly submitted information. (f) A notice of termination pursuant to (c) above shall specify the reason(s) for the department's decision. (g) The department shall withdraw recommendations if it determines after making final recommendations pursuant to Fis 1004.11 that the applicant submitted false, incomplete, or misleading information material to the department's recommendations. (h) A notice of withdrawal of recommendations pursuant to (g) above shall specify: (1) The deficient information;(2) The reason(s) for the department's decision; and(3) A reasonable time in which the applicant can submit true, complete, and not misleading information with a new request for consultation.(i) Whenever the department issues a notice of suspension, notice of termination, or notice of withdrawal, the department shall provide a copy of the notice and any supporting documentation to the referring state agency for consideration in the pending or completed request for a permit or other action. N.H. Admin. Code § Fis 1004.13
Derived from Volume XLII Number 2, Filed January 13, 2022, Proposed by #13313, Effective 2/3/2022, Expires 2/3/2032