Revision: March 27, 2010, midnight
SB 480 – AS AMENDED BY THE SENATE
03/24/10 1106s
2010 SESSION
08/04
SENATE BILL 480
AN ACT relative to appeals of decisions by the department of environmental services.
SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Merrill, Dist 21; Sen. Cilley, Dist 6; Sen. Lasky, Dist 13; Sen. Bradley, Dist 3; Rep. Kappler, Rock 2
COMMITTEE: Energy, Environment and Economic Development
This bill allows the various councils in the department of environmental services to hear appeals in their subject areas.
This bill is a request of the department of environmental services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/10 1106s
10-2780
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to appeals of decisions by the department of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Attorney General; Hearing Officer. Amend RSA 21-M:3 by inserting after paragraph VII the following new paragraph:
VIII. The attorney general shall appoint one or more individuals to serve as a hearing officer for the appeal panels established under RSA 21-O:14. The attorney general and the commissioner of the department of environmental services may enter into a memorandum of understanding to transfer funds sufficient to fund the hearing officer position and related expenses. Such individual or individuals shall be qualified by education and experience in the conduct of administrative adjudicative hearings and the application of law to facts. When designated as the hearing officer for a particular appeal, the hearing officer shall:
(a) Regulate all procedural aspects of a proceeding, including presiding over the hearing and any prehearing conferences;
(b) Decide all questions of law based on the facts as found by the appeal panel; and
(c) Prepare and issue all written decisions on behalf of the appeal panel.
2 Duties of Commissioner. Amend RSA 21-O:3, VIII to read as follows:
VIII. Provide all necessary clerical and technical support [requested by] to any council established by this chapter. At a minimum, the commissioner shall:
(a) Provide all necessary clerical and support personnel and services in order to:
(1) Prepare notices and other documents required under RSA 541-A [as directed by the particular council] and distribute such notices and documents [upon the approval of] after consultation with the particular council involved;
(2) Schedule the conduct of all council administrative appeal proceedings, after consultation with [the approval of] the particular council so as to ensure timely and efficient conduct of such proceedings;
(3) Prepare and maintain the record, required by RSA 541-A, of all adjudicative proceedings conducted by councils.
(b) Provide comfortable and adequate space for the use of all councils in performing their official duties; and
(c) Prepare, maintain as a public record, and continuously update [a document] one or more documents which shall summarize the findings and decisions of all councils supported by the department.
3 Wetlands Council. Amend RSA 21-O:5-a, V to read as follows:
V. The wetlands council shall hear and decide all disputed issues of fact for appeals from department decisions relative to the functions and responsibilities of the department which relate to wetlands and protected shorelands, in accordance with [rules adopted by the council] RSA 21-O:14.
4 Water Council. Amend RSA 21-O:7, IV to read as follows:
IV. The water council shall hear and decide all disputed issues of fact for appeals from department decisions relative to the functions and responsibilities of the division of water other than department decisions made under RSA 482-A relative to wetlands, and RSA 483-B relative to shoreland protection, in accordance with RSA 21-O:14.
5 Waste Management Council. Amend RSA 21-O:9, V to read as follows:
V. The waste management council shall hear and decide all disputed issues of fact for appeals from department decisions relative to the functions and responsibilities of the division of waste management, in accordance with RSA 21-O:14.
6 Air Resources Council. Amend RSA 21-O:11, IV to read as follows:
IV. The air resources council shall hear and decide all disputed issues of fact for appeals from department decisions relative to the functions and responsibilities of the division of air resources in accordance with RSA 21-O:14.
7 Administrative Appeals. Amend RSA 21-O:14 to read as follows:
21-O:14 Administrative Appeals.
I. For purposes of this chapter, “department decision” means the final action on an application, petition, order or request taken by the commissioner or any department official who has statutory authority to make such final decision or to whom the commissioner has properly delegated the authority to take such final action. “Department decision” shall not mean rulemaking or an agency declaratory ruling as provided for in RSA 541-A, and shall not include any decisions of [the wetlands] any council.
II. Appeal hearings before [all] any councils established by this chapter shall be conducted in accordance with the provisions of RSA 541-A governing adjudicative proceedings by an administrative hearing officer assigned by the department of justice, who shall be responsible for all legal aspects of each appeal hearing.
III. Persons aggrieved by the disposition of administrative appeals before any council established by this chapter may appeal such results [in accordance with RSA 541] within 30 days of a decision by such council. The appellant may choose to appeal to the superior court or the supreme court.
IV. The councils established under this chapter [may] shall adopt rules under RSA 541-A to govern the conduct of administrative appeals under this section. To the extent possible, the rules of the councils shall be consistent with each other.
8 Effective Date. This act shall take effect upon its passage.