Section Site 302.02 - Determination of Misrepresentation or Non-Compliance(a) If the committee determines that a person has made a material misrepresentation in the application or in any supplemental or additional statements of fact or studies required of the applicant, or if the committee determines that the person has violated the provisions of RSA 162-H or the rules of the committee, the committee shall commence an adjudicative proceeding to suspend the certificate held by such person.(b) Except in the case of an emergency, the committee shall give written notice of its consideration of suspension and of its reasons therefor and shall provide an opportunity for an adjudicative hearing pursuant to Site 201 with respect to the proposed suspension.(c) Except in the case of an emergency, the committee shall provide 14 days prior written notice of the hearing referred to in (b) above to the holder of the certificate.(d) If the committee determines following the adjudicative proceeding that a material misrepresentation or violation of RSA 162-H or its rules has occurred, the committee shall issue an order that suspends the holder's certificate until such time as the holder has corrected and mitigated the consequences of such misrepresentation or violation if the committee determines, after due consideration of any mitigating circumstances and a determination of whether suspension is in the best interests of the public, or would result in an inability to assure that the state has an adequate and reliable supply of energy in conformance with sound environmental principles, that the following criteria have been met: (1) The violation will not be terminated within 30 days from the date of the committee's decision; and(2) The violation will have an unreasonable adverse effect pursuant to Site 301.14 on aesthetics, historic sites, air and water quality, the natural environment, or public health and safety.(e) If the holder's certificate is suspended by order of the committee, then the holder shall cease construction or operation of the energy facility subject to the certificate as of the time specified in the order, and shall not resume construction or operation of the facility until such time as the suspension is lifted by further order of the committee.N.H. Admin. Code § Site 302.02
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10994, Effective 12/16/2015, Expires 12/16/2025.Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11156, Effective 8/16/2016, Expires 8/16/2026.