Section Fis 1005.02 - Adjudicative Proceeding(a) Any adjudicative proceeding under this section shall be conducted, pursuant to Fis 200, by the executive director or by a presiding officer appointed to conduct the hearing. (b) The executive director or presiding officer shall consider all claims of error offered by the claimant and shall only order a modification of any recommendation made upon a finding that the claimant has shown: (1) A mistake of fact on a significant finding that serves as the basis of a recommendation; (2) A mistake in applying a federal, state, or local statute, rule, or regulation that serves as the basis of a recommendation; or (3) Identification of one or more conservation measures that could serve to provide an adequate level of protection for threatened and endangered species in the action area that differ from those recommended by department review staff. N.H. Admin. Code § Fis 1005.02
Derived from Volume XLII Number 2, Filed January 13, 2022, Proposed by #13313, Effective 2/3/2022, Expires 2/3/2032