Section Site 103.03 - Subcommittee Formation and Authority(a) Pursuant to RSA 162-H:4-a, I, the chairperson may establish a subcommittee to consider and make a decision on an application, including the issuance of a certificate, or to exercise any other authority or perform any other duty of the committee under this chapter, except that no subcommittee shall: (1) Approve the budgetary requirements of the committee;(2) Approve any support staff positions paid for through the site evaluation committee fund;(3) Propose the committee funding plan under RSA 162-H:21; or(4) Adopt initial or final rulemaking proposals.(b) For purposes of executing its regulatory functions under RSA 162-H and these rules, a subcommittee shall assume the role of and be considered the committee with all of its associated powers and duties in order to execute the charge given the subcommittee upon its formation.(c) When considering the issuance of a certificate or a petition of jurisdiction, a subcommittee shall have no fewer than 7 members, provided that: (1) The 2 public members shall serve on each subcommittee with the remaining 5 or more members selected by the chairperson from among the state agency members of the committee;(2) Pursuant to RSA 162-H:4-a, II, each selected member may designate a senior administrative employee or staff attorney from his or her respective agency to sit in his or her place on the subcommittee; and(3) The chairperson shall designate one member or designee to be the presiding officer who shall be an attorney whenever possible.(d) Pursuant to RSA 162-H:4-a, III, in any matter not covered under (c) above, the chairperson may establish a subcommittee of 3 members, consisting of 2 state agency members and one public member, provided that: (1) Pursuant to RSA 162-H:4-a, III, each state agency member may designate a senior administrative employee or staff attorney from his or her agency to sit in his or her place on the subcommittee; and(2) The chairperson shall designate one member or designee to be the presiding officer who shall be an attorney whenever possible.(e) Any party whose interests might be affected may object to a matter being assigned to a 3-person subcommittee pursuant to (d) above not less than 14 days before the first hearing before such subcommittee.(f) If an objection as described in (e) above is received by the committee, the chairperson shall remove the matter from the 3-person subcommittee and either assign it to a subcommittee formed under (c) above or have the full committee decide the matter.N.H. Admin. Code § Site 103.03
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10993, Effective 12/16/2015.