Revision: June 6, 2016, midnight
\t \t\tSB 210-FN - VERSION ADOPTED BY BOTH BODIES
01/14/2016 3066s
20Apr2016... 1273h
11May2016... 1620h
06/01/2016 2113EBA
2015 SESSION
\t15-0511
\t10/05
SENATE BILL\t\t210-FN
AN ACT\trelative to regulation of septic system evaluators.
COMMITTEE:\tExecutive Departments and Administration
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\tThis bill establishes a board of septic system evaluators for the licensure and regulation of persons engaged in the practice of septic system evaluations.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/14/2016 3066s
20Apr2016... 1273h
11May2016... 1620h\t15-0511
06/01/2016 2113EBA\t10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT\trelative to regulation of septic system evaluators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subparagraph; Office of Professional Licensure and Certification; Board of Septic System Evaluators. Amend RSA 310-A:1-a, I by inserting after subparagraph (q) the following new subparagraph:
\t\t\t(r) Septic system evaluators under RSA 310-A:206.
\t2 New Subdivision; Septic System Evaluators. Amend RSA 310-A by inserting after section 201 the following new subdivision:
\t310-A:202 Purpose. The purpose of this subdivision is to assure that a septic system evaluator performs professional services only when the septic system evaluator is qualified by education and training in the specific technical areas involved.
\t310-A:203 Definitions. In this subdivision:
\t\tI. “Board” means the board of septic system evaluators.
\t\tII. “Client” means an individual who pays a fee for a septic system evaluation report.
\t\tIII. “Code of ethics” means the code of ethics described in RSA 310-A:205 that is followed by septic system evaluators who are licensed as septic system evaluators by the board.
\t\tIV. “Evaluation” means the process by which a septic system evaluator observes and determines the condition of a septic system at a point in time in accordance with the board-approved standards of practice and code of ethics.
\t\tV. “Evaluator” means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of septic system evaluations as attested by licensure as a septic system evaluator.
\t310-A:204 Standards of Practice. The board shall adopt, under RSA 541-A, minimum and uniform standards of practice which shall apply to New Hampshire septic system evaluators and be enforced by the board.
\t310-A:205 Code of Ethics for New Hampshire Septic System Evaluators.
\t\tI. The code of ethics details the core guidelines of septic system evaluator professionalism and ethics.
\t\tII. Evaluators shall comply with this code, avoid association with any enterprise whose practices violate this code, and strive to uphold, maintain, and improve the integrity, reputation, and practice of the septic system evaluation profession.
\t\tIII. In his or her relationship with the general public, the evaluator shall strive to protect the environment and health and welfare of the general public. To this end, the evaluator shall:
\t\t\t(a) Undertake only those jobs which the evaluator is qualified by education, training, and experience to perform.
\t\t\t(b) Not practice in any professional field in which the evaluator is not licensed or otherwise authorized to practice.
\t\t\t(c) Make reasonable effort to secure right of entry permission from adjacent property owners, when necessary.
\t\t\t(d) Disclose any financial interest the evaluator has in any project he or she presents for approval before any public agency.
\t\t\t(e) Not sell or donate the use of the evaluator’s signature or seal to anyone.
\t\t\t(f) Not affix the evaluator’s seal or signature to any document relating to the evaluation of a septic system that was not conducted under his or her personal supervision.
\t\t\t(g) Not use the license in any manner, nor state or imply one has such a license, if such license has been suspended, revoked, or terminated.
\t\tIV. In the relationship with the client, it is the evaluator’s duty to protect the interests of the client insofar as such interest is consistent with state and federal law. In this relationship, the evaluator shall:
\t\t\t(a) Advise the client of adverse conditions immediately as they arise.
\t\t\t(b) Advise the client of the extent of the evaluator’s services and the extent to which the evaluator is qualified to perform these services prior to negotiating or contracting to perform the work.
\t\tV. In the relationship with other professionals, the evaluator shall be aware that other professionals may be involved in different aspects or phases of the same project and that his or her relationship with these professionals shall be no different than his or her relationship with other professionals in general. In this relationship, the evaluator shall:
\t\t\t(a) Not attempt to injure falsely or maliciously either directly or indirectly, the professional reputation, prospects, or business of another.
\t\t\t(b) Not contract for completion or extension of another professional’s work until a reasonable attempt to contact the prior professional has been exercised.
\t\t\t(c) Cooperate with other professionals with an interchange of information where such interchange does not conflict with confidential matters between the evaluator and the client.
\t\t\t(d) Strive to encourage contracting on the basis of availability, qualifications, and other like criteria.
\t\t\t(e) Understand that if the evaluator relies on information of another that he or she is responsible for that information, and should verify accordingly.
\t310-A:206 Board of Septic System Evaluators.
\t\tI. A board of septic system evaluators is established to administer the provisions of this subdivision. The board shall consist of 5 persons, as follows:
\t\t\t(a) One member shall be a sewage disposal system designer permitted under RSA 485-A:35, appointed by the governor and council. The system designer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
\t\t\t(b) One member shall be a sewage disposal system installer permitted under RSA 485-A:36, appointed by the governor and council. The system installer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
\t\t\t(c) One member shall be a septage hauler permitted under RSA 485-A:4, XVI-a, appointed by the governor and council. The septage hauler member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
\t\t\t(d) One public member, appointed by the governor and council. The public member of the board shall be a person who is not, and never was, a septic system evaluator or the spouse of any such person, and who does not have, and never has had, a material financial interest in the provision of septic system design, installation, or evaluation services.
\t\t\t(e) An employee of the department of environmental services, appointed by the commissioner of the department of environmental services.
\t\tII. Initial septic system evaluator appointees to the board shall not be required to hold a current and valid New Hampshire septic system evaluator’s license, but shall have been actively practicing septic system evaluations for a minimum of 3 years prior to appointment.
\t\tIII. Each member of the board shall be a citizen of the United States and a resident of this state.
\t\tIV. No member of the board may be associated with the formal education for septic system evaluators, or be a provider or an employee of a provider for continuing education for any profession or trade certified under this subdivision.
\t\tV. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member’s term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may be removed for cause by the governor and council under RSA 4:1.
\t\tVI. Members of the board shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.
\t\tVII. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. Three members shall constitute a quorum.
\t\tVIII.(a) The board shall keep a record of its proceedings and a register of all applications for licensure, which shall show:
\t\t\t\t(1) The name, age, and residence of each applicant.
\t\t\t\t(2) The date of application.
\t\t\t\t(3) The place of business of such applicant.
\t\t\t\t(4) The applicant’s educational and other qualifications.
\t\t\t\t(5) Proof of passing the septic system evaluator exam.
\t\t\t\t(6) Whether the applicant was rejected and the reasons for such rejection.
\t\t\t\t(7) Whether a license was granted.
\t\t\t\t(8) The date of the action of the board.
\t\t\t\t(9) Such other information as may be deemed necessary by the board.
\t\t\t(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. Biennially, as of December 31, the board shall submit to the executive director of the office of professional licensing and certification a report of the transactions of the preceding biennium, and a complete statement of the receipts and expenditures of the board.
\t\tIX. The secretary of the board shall maintain and regularly update a roster listing the names and addresses of all septic system evaluators certified under this subdivision by the board on the board’s website. The board may include in such roster any other information it deems appropriate.
\t\tX. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board’s responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys’ fees arising from claims and suits against them with respect to matters to which such immunity applies.
\t310-A:207 Rulemaking Authority.
\t\tI. The board shall adopt rules, pursuant to RSA 541-A, relative to:
\t\t\t(a) The application procedure for a license to practice under this subdivision.
\t\t\t(b) The qualifications of applicants in addition to the requirements of this subdivision, including the qualifications for satisfactory evidence of good professional character.
\t\t\t(c) Procedures for auditing applicants and license holders.
\t\t\t(d) How a license to practice under this subdivision shall be renewed or reinstated, including late fees and any requirements for continuing education.
\t\t\t(e) The establishment of all fees required under this subdivision.
\t\t\t(f) Professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards.
\t\t\t(g) Procedures for the conduct of hearings consistent with the requirements of due process.
\t\t\t(h) Procedures for approving education courses for eligibility for licensure and for a continuing education program.
\t\t\t(i) How an applicant shall be examined, including the time, place, type, and form of the examination.
\t\t\t(j) The design of an official seal.
\t\t\t(k) The establishment of administrative fines which may be levied in the administration of this subdivision.
\t\tII. The board shall adopt one eligibility examination required for licensure that is an independent recognized examination.
\t\tIII. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules or amendments thereto, to all affected professionals licensed by the board and the commissioner of the department of environmental services.
\t310-A:208 Fees. The board shall adopt rules, under RSA 541-A, to establish fees required under this subdivision, which shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply, including the following:
\t\tI. Application for licensure, the fee for which shall not exceed $150 for the initial 2-year license.
\t\tII. Renewal for license holders, the fee for which shall not exceed $150 for the 2-year renewal.
\t\tIII. Late fees for a late renewal of a license.
\t\tIV. Replacement of a lost or mutilated license.
\t\tV. Transcribing and transferring records and other services.
\t\tVI. Reinstatement fees.
\t\tVII. Other fees or fines deemed necessary by the board.
\t310-A:209 License Required.
\t\tI. Beginning January 1, 2017, no person shall practice as a septic system evaluator or conduct septic system evaluations in this state without a septic system evaluator’s license issued by the board under this subdivision, unless the person is eligible for licensure under RSA 310-A:210, II, III, or IV.
\t\tII. Beginning January 1, 2018, a person eligible for licensure under RSA 310-A:210, II, III, or IV may continue to practice as a septic system evaluator or conduct septic system evaluations in this state only if such person holds a septic system evaluator’s license issued by the board under this subdivision.
\t310-A:210 Eligibility Requirements for Licensure as a Septic System Evaluator.
\t\tI. Each applicant for licensure as a septic system evaluator shall meet the following minimum requirements:
\t\t\t(a) Completion of classroom and field training at a board-approved evaluator course.
\t\t\t(b) Proof of passing the board-adopted examination required for licensure.
\t\t\t(c) Be at least 18 years of age.
\t\tII. A person who currently holds a Granite State septic system certified evaluator designation or other recognized designation determined to be acceptable by the board shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a) or I(b). An applicant under this paragraph shall be issued a license by providing evidence satisfactory to the board of such designation.
\t\tIII. A person who was actively engaged in the business of septic system evaluation in this state as a means of his or her livelihood for at least 5 years and who provides the board with a sworn affidavit that he or she has performed a minimum of 25 septic evaluations preceding the effective date of this subdivision shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a) or I(b). An application for licensure under this paragraph shall be made within one year following the effective date of this subdivision. The applicant shall be issued a license by providing evidence satisfactory to the board of the knowledge and experience equivalent to the requirements of subparagraphs I(a) and I(b).
\t\tIV. A person who currently holds a New Hampshire septic designer permit and who provides the board with a sworn affidavit that he or she has performed a minimum of 25 septic evaluations preceding the effective date of this subdivision shall be issued a license by the board without completion of the requirements of subparagraph I(a) or I(b) upon request of the applicant. An application for licensure under this paragraph shall be made within one year following the effective date of this subdivision.
\t\tV. All applicants shall meet the requirement of subparagraph I(c), pay an initial fee, and fulfill all other license application requirements.
\t\tVI. The board shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training.
\t\tVII. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:
\t\t\t(a) Misstatement of facts by the applicant in connection with the application;
\t\t\t(b) Violation of any of the standards of practice or code of ethics as they are set forth in this subdivision or in rules adopted by the board; or
\t\t\t(c) Practicing septic system evaluations without being licensed in violation of laws of the jurisdiction in which the practice took place.
\t310-A:211 License Applications.
\t\tI. Applications for licensure shall be on forms prescribed and furnished by the board.
\t\tII. Applicants shall include the following:
\t\t\t(a) Proof of required education.
\t\t\t(b) Proof of passing the eligibility testing requirements.
\t\t\t(c) Payment of applicable fees.
\t\t\t(d) Any other attachments as required by the board.
\t\tIII. If the board denies the issuance of a license to any applicant, any fee paid shall be retained as an application fee.
\t310-A:212 Continuing Education. For renewal of a license issued under this subdivision, each licensee shall participate in a program of continuing education to insure continuing professional competence. Licensees shall complete in each 2-year renewal period a minimum of 6 continuing education units in approved evaluator courses for license renewal. The requirements established by the board shall specify any reasonable approach to meeting this requirement, including but not limited to, the setting of hours, the setting of fees, and the conducting of random audits of licensees.
\t310-A:213 Issuance of Licenses. The board shall issue a license upon payment of the license fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the license holder, have a serial number, and be signed by the chairperson or the secretary of the board. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a certified septic system evaluator while the license remains valid. It shall be a class B misdemeanor for the license holder to perform septic system evaluations after the license of the evaluator has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.
\t310-A:214 Reciprocity. If, in the determination of the board, another state grants reciprocity to residents of this state and is deemed to have state requirements equal to or exceeding those of this state, the board may enter into a reciprocity agreement allowing applicants who are certified under the laws of such other state to obtain a license as a septic system evaluator in this state upon such terms and conditions as may be determined by the board.
\t310-A:215 Expiration and Renewals.
\t\tI. The board shall send, by mail or otherwise, notification of the impending license expiration to each license holder at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. License holders in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.
\t\tII. All licenses issued by the board shall expire on the last day of the license holder’s month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the license holder’s name shall be removed from current status, and application for reinstatement shall be required to return to current status provided that the license holder provides satisfactory proof that all required continuing education requirements have been met. The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee. Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. If a license holder fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the license holder shall be required to reapply and to be re-examined for licensure.
\t\tIII.\t License holders who have been activated by the military shall be exempt from any penalties or fees for renewal or reinstatement due to their absence, as approved by the board.
\t310-A:216 Disciplinary Action.
\t\tI. The board may undertake disciplinary proceedings upon written complaint of any person which charges that a person certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
\t\tII. Misconduct sufficient to support disciplinary proceedings under this section shall include:
\t\t\t(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
\t\t\t(b) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.
\t\t\t(c) Unfitness or incompetence by reason of negligence or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the license holder.
\t\t\t(d) Mental or physical incompetence to practice under this subdivision.
\t\t\t(e) Willful or repeated violation of the provisions of this subdivision.
\t\t\t(f) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
\t\t\t(g) Violations of the code of ethics for septic system evaluators, or any other rule adopted by the board.
\t\t\t(h) Providing false testimony before the board.
\t\t\t(i) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.
\t\t\t(j) Knowingly making or signing any false statement, license, or affidavit in connection with the practice of septic system evaluations.
\t310-A:217 Hearings.
\t\tI. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
\t\tII.(a) The board shall have the power to administer oaths or affirmations and preserve testimony.
\t\t\t(b) The board may subpoena witnesses, and compel, by subpoena duces tecum, the production of all books, records, files, and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board with the approval of the office of the attorney general.
\t\t\t(c) A minimum of 10 business days’ notice shall be given for compliance with a subpoena under this subdivision.
\t\tIII. At any hearing, the named person or license holder shall have the right to:
\t\t\t(a) Appear in person, by counsel, or both.
\t\t\t(b) Produce evidence and witnesses.
\t\t\t(c) Cross-examine witnesses.
\t\tIV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
\t\tV. The board, upon making an affirmative finding under RSA 310-A:216, II, may take disciplinary action in any one or more of the following ways:
\t\t\t(a) By written reprimand.
\t\t\t(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
\t\t\t(c) By revocation of a license.
\t\t\t(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
\t\t\t(e) By requiring the person to practice under the direct supervision of a licensed septic system evaluator for a period of time specified by the board.
\t\t\t(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
\t\t\t(g) By requiring the septic system evaluator to obtain insurance against loss, expense, and liability resulting from errors and omissions or neglect in the performance of services as a septic system evaluator.
\t\tVI. Any applicant or license holder aggrieved by an action of the board denying, suspending, refusing to renew, or revoking his or her license may appeal the decision in accordance with RSA 541.
\t\tVII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations, stenographers, and attorneys’ fees, as a condition of probation or reinstatement.
\t\tVIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.
\t310-A:218 Reissuance of Licenses. The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a fee shall be charged for such issuance.
\t310-A:219 Violations; Penalty.
\t\tI. It shall be a class B misdemeanor, for the first offense, and a class A misdemeanor for the second and any subsequent offense, for any natural person to:
\t\t\t(a) Present or attempt to use the license of another as one’s own;
\t\t\t(b) Give any false or forged evidence of any kind to the board or to any board member in obtaining a license;
\t\t\t(c) Attempt to use a revoked license;
\t\t\t(d) Beginning January 1, 2017, practice septic system evaluations or to offer, advertise, or hold oneself out to the public as being in the practice of septic system evaluation in this state without a license; or
\t\t\t(e) Violate any of the provisions of this subdivision.
\t\tII. It shall be a violation for any natural person to attempt to use an expired license.
\t310-A:220 Restraint of Violations. The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:219 on proceedings brought by the attorney general or the board.
\t310-A:221 Exemptions. Nothing in this subdivision shall be construed to prevent or affect the following persons from evaluating septic systems:
\t\tI. A person who is employed by a governmental entity if the inspection is within official duties and responsibilities.
\t\tII. A septic system designer holding a current valid permit issued under RSA 485-A:35.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t15-0511
\t\t\t\t\t\t\t\t\t\t\tAmended 4/26/16
SB 210-FN- FISCAL NOTE
AN ACT\trelative to regulation of septic system evaluators.
FISCAL IMPACT:
The Office of Professional Licensure and Certification, Department of Justice, and Judicial Branch state this bill, as amended by the House (Amendment #2016-1273h), will increase state general fund revenue and expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Office of Professional Licensure and Certification (OPLC) states this bill establishes a Board of Septic System Evaluators within the OPLC. Septic system evaluators conducting business in the State of New Hampshire will be required to become licensed. The OPLC states it has no information regarding the actual number of potential candidates for licensure and is therefore unable to determine the number of septic system evaluators that would be seeking licensure and paying the associated fees. General fund revenue and expenditures (in the form of the Board’s administrative costs) will increase by an indeterminable amount, depending on the fee established and the number of candidates for licensure. Per proposed RSA 310-A:208, revenues from fees shall be sufficient to produce revenues equal to 125% of the direct operating expenses of the Board. The bill’s effective date is January 1, 2017; although the OPLC is unable to determine staffing needs for the new Board, it does project non-staff expenses of $2,065 in FY 2017 and $4,680 in FY 2018. These expenditures will consist of such items as current expenses (postage, supplies, etc), transfers to the Department of Information Technology, transfers to general services within the Department of Administrative Services, telecommunications, and in-state travel and per diem for Board members.
The Department of Justice states the new Board will require approximately 20 hours from an assistant attorney general within the Department’s Civil Bureau to assist it with the promulgation of rules. Additional time will be required to assist the Board with the enforcement of violations. In addition, the Civil Bureau will provide general legal counsel related to the Board. The Department estimates that, on average, the Board will require between 50 and 100 hours of time of an assistant attorney general, depending on the number of administrative enforcement actions that may arise and the amount of general legal counsel the Board may require. If the Administrative Prosecutions Unit investigates and prosecutes the administrative violations contained within the bill, the services of an assistant attorney general, investigator, and paralegal will be necessary to investigate and prosecute administrative violations. The Department states it is unable to determine how many cases will be generated, and therefore is unable to predict how much additional time will be necessary. The Department further states criminal violations under the bill would typically be prosecuted by a county or local prosecutor. There may be some fiscal impact to the Department in instances when an appeal is taken to the New Hampshire Supreme Court. Because it is difficult to estimate how many cases will be generated, or if any of these cases will be appealed to the Supreme Court, the Department states the fiscal impact cannot be projected.
The Judicial Branch states this bill contains several provisions with a potential fiscal impact on the Branch: (1) proposed RSA 310-A:213 and :219 provide for potential class B misdemeanors; (2) proposed RSA 310-A:219 provides for a potential Class A misdemeanor (3) proposed RSA 310-A:220 provides for potential injunction actions brought in the superior court by the attorney general or the Board of Septic System Evaluators; and (4) decisions of the Board of Septic System Evaluators are appealable pursuant to proposed RSA 310-A:217, VI to the New Hampshire Supreme Court. The Branch has no information on which to estimate how many cases of each type will be prosecuted as a result of the bill. With respect to (1), the Branch projects that the average cost of a misdemeanor B case will be $50 in FY 2017 and $53 in FY 2018. With respect to (2), the Branch projects the average cost of a misdemeanor A case will be $70 in FY 2017 and $74 in FY 2018. With respect to (3), such cases are classified as complex equity cases, which the Branch projects to cost $717 in FY 2017 and $740 in FY 2018. With respect to (4), the Branch projects that even one case appealed to the New Hampshire Supreme Court may result in a fiscal impact exceeding $10,000.
The Judicial Council and Department of Environmental Services state this bill will have no fiscal impact on their operating budgets.
The New Hampshire Association of Counties states this bill will have no fiscal impact on county operating budgets.