New Hampshire Administrative Code

Any party to a hearing before the board may be represented by an individual as that party may designate, in accordance with Odb 203.08. Notes N.H. Admin. Code § Odb 203.09 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12…

When a hearing is scheduled, notice shall be provided in writing, to all parties or other interested persons, at least 15 days prior to the hearing date. The notice shall specify the date, time, place and subject matter of the hearing. Notes N.H. Admin. Code § Odb 203.10 #8490-A,…

The record of the hearing shall consist of a verbatim recording of the hearing, documentary evidence introduced by the parties, and documents of which official notice has been taken by the board. Notes N.H. Admin. Code § Odb 203.11 #8490-A, eff 11-22-05 Amended by Volume XL Numbe…

(a) The board shall, through the department of environmental services, maintain records of decisions or orders issued pursuant to RSA 541-A:35 for 3 years after the date of the final decision or order. (b) The board shall, through the department of environmental services, maintai…

(a) The presiding officer shall: (1) Regulate the course of the hearing; (2) Rule upon issues of procedure; and (3) Take such other action that is necessary for the efficient and orderly conduct of the hearing. (b) The presiding officer shall open the hearing by describing the ge…

(a) The party asserting a proposition or challenging a decision of the board shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. (b) For purposes of this section, "proving the truth of the proposition by a preponderance of the evidenc…

(a) At least 10 days prior to the commencement of a hearing, the parties involved shall provide the board with the following:(1) A list identifying each witness expected to be called at the hearing with a brief description of that witness's testimony; (2) A list of all exhibits e…

(a) Evidence, which is relevant and material to the subject matter of the hearing, shall be admissible. Evidence, which is irrelevant, immaterial, or unduly repetitious, shall be excluded. (b) The board shall include in its final decision those facts of which it took official not…

(a) Where evidence to be presented consists of tabulations and figures so numerous as to make oral presentation difficult to follow, it shall be presented in exhibit form. Exhibits may be summarized, supplemented, and explained. (b) Space shall be provided in the upper right hand…

Any party intending to use exhibits shall file an original and 20 copies thereof with the board at least 15 days prior to the hearing at which such exhibits are to be introduced. Notes N.H. Admin. Code § Odb 203.18 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed Januar…

Every application, exhibit, notice, motion, petition, complaint, brief, and memorandum shall be signed by the person filing the document, or by one or more attorneys in their individual names or by other duly designated representative on behalf of the person filing the document. …

(a) Any party may request that a hearing conducted pursuant to this part be continued for reasonable cause and reconvened or rescheduled. Reasonable cause shall include, but not be limited to, unavailability of an individual party, a representative, or critical documents. (b) Req…

The presiding officer shall, from time to time, at the request of any party or members of the board, recess or adjourn any hearings as may be necessary to the orderly conduct of the proceeding. Notes N.H. Admin. Code § Odb 203.21 #8490-A, eff 11-22-05 Amended by Volume XL Number …

(a) Prior to the conclusion of the hearing, the presiding officer shall, upon request and at his or her discretion, direct that the record be left open for a specified period of time to accommodate the filing of documents not available at the hearing. (b) If the presiding officer…

(a) At any time prior to a final decision, any party to a hearing may request the presiding officer to reopen the record to consider documents or arguments not previously considered. (b) If the presiding officer determines that such documents or arguments are necessary to a full …

Following the conclusion of a hearing, or the closing of the record, the board shall issue a notice of decision to all parties through the department. Notes N.H. Admin. Code § Odb 203.24 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #1294…

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer shall, for good cause, withdraw from any hearing. (b) For purposes of this section, good cause for withdrawal shall be that the presiding officer has an objectively demonstrated bias for or ag…

In any adjudicative hearing, department staff may be called as witnesses by the board or any party to the hearing to present testimony and evidence as requested. Notes N.H. Admin. Code § Odb 203.26 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Propos…

With the exception of rulemaking hearings under Odb 205, this part shall apply to the conduct of hearings held by the board to provide information and receive public comment in any matter that is not a contested case as defined by RSA 541-A:1, IV. Notes N.H. Admin. Code § Odb 204…

A non-adjudicative public hearing shall be held: (a) To receive evidence and testimony on reimbursement determinations and other matters required by the statute or rules (b) For any matter for which the board is required by law or by these rules to hold a hearing that is not a co…

(a) A record of the hearing shall be kept by tape recording or other method, which will provide a verbatim record. (b) Copies of the recording shall be provided to any person upon request and payment of the costs of the tape(s) and staff time to make the copy, or of staff time on…

(a) Any individual wishing to submit written testimony or exhibit(s) at a non-adjudicative public hearing shall do so to the presiding officer, provided the individual signs and dates such testimony or exhibit(s). (b) Any individual wishing to testify at a non-adjudicative public…

(a) The presiding officer shall close the hearing when s/he determines that no one has further questions or comments that are relevant to the subject of the hearing. (b) At a non-adjudicative public hearing other than a rulemaking hearing, if additional time is requested to submi…

(a) At any non-adjudicative public hearing, if anyone requests a continuance and the presiding officer determines that the public will be best served by continuing the hearing and that any prejudice caused to any person as a result of the continuance is outweighed by the benefit …

The board shall hold a public hearing when proposing to adopt, readopt, amend or repeal rules. Notes N.H. Admin. Code § Odb 205.01 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

The board shall provide notice for a public hearing in accordance with Odb 203.10. Notes N.H. Admin. Code § Odb 205.02 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

A record of the public hearing shall be kept by verbatim recording. Notes N.H. Admin. Code § Odb 205.03 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

(a) The presiding officer shall: (1) Regulate the course of the hearing; (2) Rule upon issues of procedure; and (3) Take such other action that is necessary for the efficient and orderly conduct of the hearing. (b) The presiding officer shall open the hearing by describing the ge…

(a) The presiding officer shall close the hearing upon determining there are no further questions or comments that are relevant to the subject of the hearing. (b) The record shall remain open until the date specified in the notice published in the New Hampshire Rulemaking Registe…

Any person wishing to file a rulemaking petition shall file the original and one copy of the petition with the board. Notes N.H. Admin. Code § Odb 206.01 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

A person filing a petition to adopt, amend, or repeal a rule shall provide the following information: (a) The exact legal name of each person requesting the adoption, amendment, or repeal of the rule, with a residence address or principal place of business of the person; (b) Whet…

(a) Upon receipt of a petition to adopt, amend, or repeal a rule, the board shall proceed in accordance with RSA 541-A: 4, I. (b) The petition shall be granted and a rulemaking proceeding shall be initiated if the board determines that the proposed action is:(1) Consistent with s…

(a) Any person may request, at any time before 30 days after the final adoption of the rule, that the board issue an explanation of a rule by filing an original and one copy of the request. (b) The request shall include:(1) The chapter, part or section, or paragraph, by alphanume…

Any interested person may submit a petition for a declaratory ruling on the applicability of any statute, rule, or order administered or enforced by the board. The rules in this part shall apply to any petition for such ruling. Notes N.H. Admin. Code § Odb 208.01 #8490-A, eff 11-…

The original and one copy of a petition for a declaratory ruling shall be filed with the board. Notes N.H. Admin. Code § Odb 208.02 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

Petitions for rulings shall include the following: (a) The legal name of each person requesting the action, with a resident address or principal place of business of the person; (b) The chapter, part, section, or paragraph, by alphanumeric code, of the rule(s), statutory provisio…

(a) If the board determines that the petition is deficient, the board shall notify the petitioner within 30 days, in writing, of the specific deficiencies and allow the petitioner to amend the petition. (b) The board shall take one of the following actions in response to a petiti…

(a) "Person" means "person" as defined in RSA 146-A:11-b, I(a). (b) "Penalties" means penalties assessed by the department of safety under RSA 146-A:11-b, IV. Notes N.H. Admin. Code § Odb 209.01 #8490-B, eff 11-22-05; ss by #9918-B, eff 4-28-11 Amended byVolume XXXIV Number 19, F…

(a) Penalties not assessed in error shall be waived by the board no more than once in a 12-month reporting period, if the distributor filed timely reports for the prior 11 months, or if the total penalty is $10 or less. Related interest shall not be waived. (b) Penalties and rela…

The purpose of this chapter is to establish procedures for reimbursement under RSA 146-D. Notes N.H. Admin. Code § Odb 401.01 #4762, eff 2-13-90; ss by #5115, eff 4-16-91; ss by #5534, eff 12-21-92; ss by #6543, eff 7-22-97; EXPIRED: 7-22-05 New. #8491, eff 11-22-05; ss by #9935-…

This chapter shall apply to reimbursement for costs incurred on or after the effective date of this chapter. Notes N.H. Admin. Code § Odb 401.02 #4762, eff 2-13-90; ss by #5115, eff 4-16-91; ss by #5534, eff 12-21-92; ss by #6543, eff 7-22-97; EXPIRED: 7-22-05 New. #8491, eff 11-…

Applicant" means: (a) A professional engineer or professional geologist licensed in New Hampshire performing corrective action, a corrective action contractor, or an individual or company performing Env-Dw 300 public water supply gasoline ether monitoring or notification under RS…

"Board" means the oil fund disbursement board established by RSA 146-D:4. Notes N.H. Admin. Code § Odb 402.02 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

"Bodily injury costs" means damages proven by expert medical testimony as to diagnosable personal injury, illness, or other bodily injury, including emotional distress accompanied by physical manifestations suffered by a party other than an owner or its agents as a result of a di…

"Capital equipment" means electronic, chemical, mechanical, or structural equipment installed to perform contamination source removal or treatment, which has a long-term life greater than 2 years and has an initial value or purchase cost, either individually or as an aggregate, o…

"Compliance" means conformance with applicable local, state, and federal facility operating requirements, including the department guidance document titled, "Best Management Practices for the Installation and Upgrading of On-Premises-Use Heating Oil Tanks" (2008 edition). Notes N…

"Contamination" means "contamination" as defined in Env-Or 602. Notes N.H. Admin. Code § Odb 402.06 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029