1. (a) Any listing on the roster shall be based on the presumptions that:

   1. (1) The information submitted to obtain the listing remains true, complete, and not misleading; and
   2. (2) The applicant and its qualifying project engineers continue to meet the criteria for professional competence as specified in Env-C 502.12.
2. (b) After listing a firm on the roster, if the department receives information indicating that the information upon which the listing was based was false, incomplete, or misleading or that the firm no longer meets the criteria of Env-C 502.12, the department shall initiate an adjudicative proceeding pursuant to the applicable provisions of RSA 541-A and Env-C 200 to determine whether the firm should be debarred or suspended from being listed.

3. (c) The department shall debar the firm if, as a result of the adjudicative proceeding, the department determines that:

   1. (1) The firm would not have been listed on the roster if the information submitted had been true, complete, and not misleading because information that was true, complete, and not misleading would not have supported a finding that the applicant met the criteria for professional competence; and
   2. (2) The firm cannot cure the deficiencies so as to demonstrate professional competence.

4. (d) The department shall remove the firm from the roster subject to reinstatement as specified in (f), below, if the department determines that:

   1. (1) The firm would have been listed on the roster if the information submitted had been true, complete, and not misleading because information that was true, complete, and not misleading would have supported a finding that the applicant met the criteria for professional competence; and
   2. (2) The firm can cure the deficiencies so as to demonstrate professional competence.
5. (e) The department shall notify the firm in writing of its decision. If the decision is to suspend, revoke, or refuse to renew the listing, the department shall specify the reason(s) for the decision.
6. (f) If a listing is suspended pursuant to (d), above, the department shall reinstate the firm on the roster upon receiving proof from the firm that it can demonstrate professional competence.
7. (g) Any firm debarred pursuant to this section may apply to be listed on the roster no sooner than 3 years from the date of debarment

Source. (See Revision Note at chapter heading for Env-C 500) #10644, eff 7-22-14; ss by #14060, eff 8-21-24 (formerly Env-C 503.09)