1. (a) The record of a non-adjudicative proceeding in which an oral public hearing is not held shall comprise:

   1. (1) The application or request, together with all supporting or supplemental information, filed by the applicant;
   2. (2) All correspondence between the department and the applicant or between the department and any other interested person(s) regarding the application or request;
   3. (3) A copy of the draft license, if one is required to be prepared and circulated for public comment by the departmental rules specific to the license; and
   4. (4) Any other information relevant to the application or request that is considered by the department in reaching a decision.

2. (b) The record of a non-adjudicative proceeding for which an oral public hearing is held shall comprise:

   1. (1) All information specified in (a), above;
   2. (2) Copies of all notices of the oral public hearing that were published or otherwise distributed by the department;
   3. (3) Any exhibits or written testimony received pursuant to Env-C 205.07;
   4. (4) For rulemaking proceedings, a copy of all documents prepared and filed under RSA 541-A; and
   5. (5) Subject to (c), below, a tape recording or other method that provides a verbatim record of the oral public hearing or notes of the hearing prepared by the presiding officer or designee.
3. (c) If no member of the public attends an oral public hearing for which notice in accordance with Env-C 205.04 was given, the record of the oral hearing shall consist of a memo from the presiding officer stating that no member of the public was present.
4. (d) The record of a non-adjudicative proceeding shall be available for inspection by any person in accordance with Env-C 210.05.

Source. #6960, eff 3-25-99; ss by #8851-A, eff 3-25-07