Section Env-C 214.06 - Use of An NHEDRS(a) Once a reporter has filed a certificate of authority and at least one subscriber agreement and has a signatory who has received an ESD pursuant to Env-C 214.05(d)(2), the reporter shall submit all documents required or allowed to be filed with the department under an authorized NH program in the form of electronic documents transmitted to the NHEDRS by a submitter or signatory, subject to (e) and (f), below.(b) The submitter or signatory shall have the opportunity to review each electronic document to be submitted, including any required certification statement(s), in a human-readable format prior to its transmittal to prevent the filing of any electronic document that is untrue, incomplete, or misleading.(c) Transmittal of electronic documents to an NHEDRS shall constitute certification by the submitter or signatory who transmits the electronic documents that the signatory: (1) Is the owner of the account used to perform the electronic submission and signature;(2) Has the authority to submit the electronic document on behalf of the reporter;(3) Acknowledges and agrees that providing the account credentials to sign the document being transmitted constitutes an electronic signature equivalent to the signatory's written signature;(4) Has reviewed the electronic form being submitted in its entirety in a human-readable format ; and(5) Affirms that the information contained within it is true, complete, and not misleading to the best of the submitter's or signatory's knowledge and belief.(d) Transmittal of electronic documents to an NHEDRS shall cause the reporter and the submitter or signatory who transmits the electronic documents to be:(1) Legally bound, obligated, and made responsible to the same extent as submitting a paper copy of the documents; and(2) Subject to criminal penalties for falsification in official matters, currently established in NH RSA 641.(e) If a reporter is unable to file a required document using the NHEDRS by the applicable deadline due to reasons beyond the control of the reporter, the authorized official may request the department to accept a paper document in lieu of the electronic document for that filing. The department shall accept the paper document if the reporter has demonstrated by a preponderance of the evidence that the reporter's inability to use the NHEDRS was caused by circumstances beyond the reporter's control, such as an unexpected interruption in the reporter's internet service or the unexpected unavailability of the sole signatory or of all signatories.(f) If a reporter determines that the reporter's circumstances warrant discontinuing the use of the NHEDRS, the reporter shall:(1) Notify the department of such discontinuance; and(2) Submit all documents required or allowed to be submitted after the date of the notification as paper documents.N.H. Admin. Code § Env-C 214.06
Derived from Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12880, Effective 9/30/2019, Expires 9/30/2029.