N.H. Admin. Code § Env-C 604.05

Current through Register No. 50, December 12, 2024

Section Env-C 604.05 - Required Response to Field Citation

(a) The respondent or, if the respondent is unavailable, the respondent's representative shall:

(1) Sign the field citation when the inspector presents the field citation for signature;

(2) Keep a copy of the signed field citation; and

(3) Return the original and any remaining copies of the signed field citation to the inspector.

(b) The signature of the respondent or the respondent's representative on the field citation shall not constitute any admission of liability on the part of the respondent.

(c) After receiving a field citation, the respondent shall either:

(1) Correct the deficiencies and pay the proposed fine, subject to (d), below; or

(2) Request a hearing.

(d) If the total fine proposed on the field citation exceeds $500, the amount in excess of $500 shall be suspended. If the respondent corrects the violations and pays the $500 fine within 25 days of the date of the field citation, the department shall waive payment of the suspended portion of the fine.

(e) Subject to (f), below, the respondent shall request a hearing by sending or delivering a written request for a hearing to the following address within 25 days of the date of the field citation:

DES Legal Unit

Attn: Legal Assistant

29 Hazen Drive

P.O. Box 95

Concord , NH 03302-0095

(f) In lieu of sending or delivering a written request for a hearing, the respondent may request a hearing via email sent to appeals@des.nh.gov within 25 days of the date of the field citation.

N.H. Admin. Code § Env-C 604.05

Adopted byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10752, Effective 12/29/2014, Expires12/29/2024.