N.H. Code Admin. R. Env-A 621.06
Requests for Public Hearing
Effective Dec 17, 2022#1710, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5989, eff 2-22-95 (formerly Env-A 205.03); EXPIRED: 2-22-03 New. #8129, eff 7-28-04 (formerly Env-A 205.06); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22Air Related Programs
- (a) The department shall provide an opportunity for a public hearing on all applications for new or amended temporary permits or permits to operate.
- (b) Any person or group of persons who raises an issue of fact relevant to a term or condition in a draft permit may request that a public hearing be held by the department regarding the issuance of, amendment to, or denial of a temporary permit or permit to operate.
(c) A request for a public hearing on a permit application shall:
- (1) Indicate the basis on which the person(s) filing the request meets the requirements of (b), above;
- (2) Be in writing; and
- (3) Be delivered to the department office by 4:00 p.m. on or before the date stated in the public notice required under Env-A 621.02.
(d) The department shall grant the request for a public hearing on a permit application upon finding that the person or group making the request:
- (1) Is entitled under (b), above, to request a hearing; and
- (2) Has met the requirements of (c), above.
(e) Upon granting a request for a public hearing, the department shall:
- (1) Schedule a public hearing to be conducted in accordance with the procedures specified in Env-A 203; and
- (2) Notify the applicant and the requesting party in writing of the hearing date, location, and time.
- (f) The notice specified in (e)(2), above, shall be published by either the department or the applicant, at the applicant’s option, at least 30 days prior to the public hearing in a newspaper of general daily circulation and in a newspaper of general circulation in the area in which the source is or is proposed to be located.
(g) The applicant shall provide to the department:
- (1) Proof of each publication of the notice if the applicant publishes it; or
- (2) Payment of the publication costs incurred by the department and an administrative fee of $15.00 if the applicant asks the department to publish the notice.
Source. #1710, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5989, eff 2-22-95 (formerly Env-A 205.03); EXPIRED: 2-22-03 New. #8129, eff 7-28-04 (formerly Env-A 205.06); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22