CHAPTER Env-WC 100 ORGANIZATIONAL RULES
Statutory Authority: RSA
21-O:14, IV; RSA 541-A:16, I
PART Env-WC 101 PURPOSE
Env-WC 101.01 Purpose. The purpose of this chapter is to provide
organizational rules to implement the statutory responsibilities for a all
matters under the jurisdiction of the water council created by RSA 21-O:7.
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PART Env-WC 102 DEFINITIONS
Env-WC 102.01 “Appeals
clerk” means the individual designated by the commissioner of the department
pursuant to RSA 21-O:3, VIII as support staff for appeals to the council.
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Env-WC 102.02
“Appellant” means the person who initiates an appeal by filing a notice
of appeal in accordance with Env-WC 204.01 and Env-WC 204.02.
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Env-WC 102.03
“Council” means the water council established by RSA 21-O:7.
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Env-WC 102.04
“Council clerk” means the individual designated by the commissioner of
the department pursuant to RSA 21-O:3, VIII as clerical support staff to the
council.
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Env-WC 102.05
“Department” means the department of environmental services.
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Env-WC 102.06 “Director”
means the director of the water division of the department of environmental
services.
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Env-WC 102.07
“Division” means the water division of the department of environmental
services.
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Env-WC 102.08
“General proceedings” means council business other than appeals.
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Env-WC 102.09
“Intervenor” means a person allowed by the council to intervene in an
appeal proceeding pursuant to RSA 541-A:32.
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Env-WC 102.10
“Meeting” means a gathering of a quorum of council members, at which
general proceedings or appeals or both may be conducted.
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Env-WC 102.11
“Participant” means:
(a) For an appeal, a
respondent, intervenor, or representative of the department for that appeal; or
(b) For all general
proceedings, any person who attends the meeting or submits written comments for
consideration by the council, or both.
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Env-WC 102.12
“Person” means:
(a) For the purpose
of general proceedings, any individual, partnership, joint venture,
association, corporation, trust, agency, private or municipal corporation, any
political subdivision of the state or of the United States, or any other
private entity, governmental entity, including the division, or
quasi-governmental entity; or
(b) For the purpose
of an appeal of a decision under a specific statute, “person” as defined by
that statute.
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Env-WC 102.13 “Sitting
member” means an individual who has been appointed to the council and to whom
the oath of office has been administered, or that person’s designee, and
includes any member of the council whose term has expired until such time as a
replacement is appointed, but does not include any member who has resigned from
the council, regardless of whether a replacement has been appointed.
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PART Env-WC 103 COUNCIL ORGANIZATION
Env-WC 103.01 Office
Hours and Location.
(a) The council’s
office shall be located at the Department of Environmental Services,
(b) The council’s
office shall be open to the public on weekdays, excluding state holidays, from
8:00 A.M. to 4:00 P.M.
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Env-WC 103.02 Responsibilities
of the Water Council. The
responsibilities of the council shall be as follows:
(a) As required by
RSA 21-O:7, III, the council shall consult with and advise the director of the
division with respect to the policy, programs, goals, and operations of the
division other than those relating to wetlands under RSA 482-A, with particular
emphasis on long-range planning for the division and on education of the public
relative to the functions of the division;
(b) As required by
RSA 21-O:7, IV, the council shall hear and decide all appeals from department
decisions relative to the functions and responsibilities of the division, other
than:
(1) Department decisions made under RSA 482-A
relative to wetlands, in accordance with RSA 21-O:14; and
(2) Those matters not allowed by law to be
appealed to the council, as specified in Env-WC 201.02;
(c) As required by RSA
21-O:7, V, the council shall review rules proposed to be implemented by the
division other than rules implementing RSA 482-A relative to wetlands; and
(d) As authorized by
RSA 21-O:2, III(a), the council shall consult with the commissioner relative to
nominating a director of the division for appointment by the governor and
executive council.
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Env-WC 103.03 Responsibilities
of Council Clerk. The council clerk
shall:
(a) Perform the record-keeping,
correspondence, and other statutory functions of the council on a day-to-day
basis;
(b) Receive
correspondence and other communications and documents in the name of the
council that do not relate to appeals;
(c) Be custodian of
the council’s records other than those relating to appeals; and
(d) Respond to
requests for access to records under Env-WC 104.02(a).
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Env-WC 103.04 Responsibilities
of Appeals Clerk. The appeals clerk
shall:
(a) Receive
correspondence, filings, and other communications and documents in the name of
the council that relate to appeals;
(b) Be custodian of
the council’s records relating to appeals;
(c) Prepare and maintain
a calendar of all appeals pending before the council; and
(d) Respond to
requests for access to records under Env-WtC 104.02(b).
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Env-WC 103.05 Quorum.
(a) A quorum of the
council shall be a simple majority of the total number of sitting members,
provided, however, that in the context of an appeal, a quorum shall be a simple
majority of those sitting members who are not recused from the appeal.
(b) The council
shall take formal or official action only when a quorum is present.
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PART Env-WC 104 PUBLIC INFORMATION
Env-WC 104.01 Record
of Council Actions.
(a) Minutes shall be
kept of council meetings and official actions taken by the council.
(b) Minutes of
council actions that are not confidential under RSA 91-A:3, II or RSA 91-A:5
shall be public records and shall be available for inspection during the
council’s ordinary office hours as required by RSA 91-A.
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Env-WC 104.02 Requests
for Access to Records.
(a) Any person
requesting access to examine those records that do not relate to appeals and
are subject to public inspection or may otherwise be properly examined shall
direct a request as specified in (c), below, to the council clerk.
(b) Any person
requesting access to examine those records that relate to appeals and are
subject to public inspection or may otherwise be properly examined shall direct
a request as specified in (c), below, to the appeals clerk.
(c) Any person
desiring a copy of a council record shall make a request in which the
requestor:
(1) Identifies as particularly as possible the information
being sought; and
(2) Agrees to pay a copying fee of $0.10 per
page.
(d) If records are
requested that contain both public information and information that is exempt
from disclosure under RSA 91-A:5, the council shall provide only the information
that is not exempt from disclosure.
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APPENDIX
|
Rule |
Statute |
|
|
|
|
Env-WC 101 |
RSA 21-O:7, VII; RSA 21-O:14, IV; RSA 541-A:16, I(a) |
|
Env-WC 102 |
RSA 21-O:7, VII; RSA 21-O:14, IV; RSA 541-A:16, I(a) |
|
Env-WC 103 |
RSA 21-O:7, VII; RSA 21-O:14, IV; RSA 541-A:16, I(a) |
|
Env-WC 104 |
RSA 21-O:7, VII; RSA 21-O:14, IV; RSA 541-A:16, I(a) |