N.H. Admin. Code § Env-Wt 203.04

Current through Register No. 45, November 7, 2024

Section Env-Wt 203.04 - Action on Remand: Initial Review, Determination of Additional Information Required

(a) If a department decision is appealed to the council and the council remands the matter to the department, the commissioner shall designate an appeal ombudsman for that remand order.

(b) The appeal ombudsman shall review the remand order within 10 working days of:

(1) The end of the time period for filing a motion for reconsideration of the council's remand order, if a motion is not filed; or

(2) If a motion for reconsideration of the council's remand order is filed, the date any order on reconsideration, including any appeal thereof, becomes final.

(c) If the appeal ombudsman, in consultation with program staff, determines that preparing a new decision on remand necessitates field work, additional submissions from any party to the appeal, or consultation with legal counsel, or any combination thereof, then:

(1) Program staff shall:

a. Conduct such field work as soon as reasonably possible, taking into account weather conditions, site accessibility, and staff availability; and

b. Identify and request the additional information from any party to the appeal;

(2) The appeal ombudsman, in coordination with program staff, shall:

a. Identify the issues on which legal advice is needed; and

b. Request a consultation with legal counsel within 10 working days of determining the need for the consultation; and

(3) Consultation with legal counsel shall be completed no later than the completion of the field work and review of additional information, as applicable.

N.H. Admin. Code § Env-Wt 203.04

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12802, Effective 12/15/2019.