CHAPTER
Sep 200 PROCEDURAL RULES
PART
Sep 201 DEFINITIONS
Sep 201.01 Definitions.
(a)
“Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA
541-A:1, I., namely, “the procedure to be followed in contested cases, as set
forth in RSA 541-A:31 through RSA 541-A: 36.”
(b)
“Appearance" means a written notification to the board that a
party, an intervenor, or the representative of a party or intervenor intends to
actively participate in an adjudicative proceeding.
(c)
“Board” means the board of septic system evaluators, pursuant to RSA
310-A:206.
(d)
"Contested case" means "contested case" as defined
in RSA 541-A:1, IV, namely, "a proceeding in which the legal rights,
duties, or privileges of a party are required by law to be determined by an
agency after notice and an opportunity for hearing."
(e)
“Declaratory ruling" means "declaratory ruling" as
defined in RSA 541-A:1, V, namely, "an agency ruling as to the specific
applicability of any statutory provision or of any rule or order of the
agency.”
(f)
"Intervenor" means a person without the status of a party but
participating in an adjudicative proceeding to the extent permitted by the
presiding officer acting pursuant to RSA 541-A:32.
(g)
"Motion" means a request to the presiding officer for an order
or ruling directing some act to be done in favor of the proponent of the
motion, including a statement of justification or reasons for the request.
(h)
"Order" means "order" as defined in RSA 541-A:1, XI,
namely, "the whole or part of an agency's final disposition of a matter,
other than a rule, but does not include an agency's decision to initiate,
postpone, investigate or process any matter, or to issue a complaint or
citation."
(i) "Party" means
"party" as defined by RSA 541-A:1, XII, namely, "each person or
agency named or admitted as a party, or properly seeking and entitled as a
right to be admitted as a party."
(j)
"Person" means any individual, partnership, corporation,
association, governmental subdivision, or public or private organization of any
character other than the board.
(k)
"Presiding officer" means presiding officer as defined in RSA
541-A:1, XIV, namely, "that individual to whom the agency has delegated
the authority to preside over a proceeding, if any; otherwise it shall mean the
head of the agency.”
(l)
"Proof by a preponderance of the evidence" means a
demonstration by admissible evidence that a fact or legal conclusion is more
probably true than not.
(m)
“Public comment hearing” means a proceeding held pursuant to RSA
541-A:11.
(n)
"Record "means, in a contested case, the materials set forth
in RSA 541-A:31, VI.
(o)
“Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
Source.
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PART
Sep 202 PROCEDURES FOR THE RECEIPT OF
MISCONDUCT COMPLAINTS AND THE CONDUCT OF DISCIPLINARY HEARING
Sep 202.01 Procedures for the Receipt of Misconduct
Complaints.
(a)
Persons wishing to complain of licensee misconduct shall:
(1) Submit to the board a written complaint
including the information described in (b) below, using mail or any electronic
means for which the board is able to maintain security; or
(2) Submit a complaint by telephone and
thereafter confirm the complaint by:
a. Reviewing a summary of the telephone
conversation made by the board's staff;
b. Correcting the summary as necessary and
signing it; and
c. Returning the signed summary to the board.
(b)
A written complaint submitted pursuant to (a)(1) above shall include:
(1) The name and address of the complainant;
(2) If the complaint is made on behalf of another
person, the name of that person and the relationship of that person to the
complainant;
(3) The name of the licensee complained against;
(4) If known, the business address and telephone
number of the licensee complained against;
(5) A detailed description of the treatment or event
being complained about;
(6) The beginning and ending dates of the
treatment being complained about;
(7) The name and, if known, the business address
and telephone number of any caregiver who was consulted about the actions which
are complained about; and
(8) As attachments, copies, but not originals, of
any documents which relate to the complaint.
(c)
Within 60 days the board shall confirm receipt of the complaint and
request any further information necessary to act pursuant to Sep 202.02.
Source.
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Sept 202.02 Board Response to Misconduct Complaints.
(a) After receiving a complaint filed
pursuant to Sep 202.01, the board shall:
(1) Provide a copy of the complaint to the
licensee named in the complaint; and
(2) Request a response to the allegations from
the licensee.
(b)
The board shall dismiss a complaint of misconduct with or without
investigation if it determines that the allegations described in the complaint,
if taken as true, do not fall within the board’s authority to adjudicate
because:
(1) The complaint does not allege any misconduct
on the part of a person licensed by the board;
(2) The acts giving rise to the complaint fall
outside the statute of limitations identified in RSA 541-A:31; or
(3) The alleged conduct given rise to the
complaint, if taken as true, does not rise to the level of misconduct
sufficient to support further investigation or adjudication.
(c)
If, after receiving a complaint and response, the board determines that
the actions giving rise to such complaint, if taken as true, would constitute
misconduct in violation of RSA 310-A:216 or the board’s administrative rules,
the board shall refer the complaint to a board appointed investigator for
investigation.
(d)
Investigations commenced under (c) above shall:
(1) Be commenced within 120 days of receipt of
any additional information requested under Sep 202.01(c); and
(2) Include all techniques and methods for
gathering information which are appropriate to the circumstances of the case,
including:
a. Requests for additional information from the
complainant;
b. Face-to-face meetings with potential
witnesses and interested persons; and
c. Requests for release of relevant records
belonging to or under the control of the licensee under investigation.
Source.
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PART
Sep 203 CONSTRUCTION OF RULES; RIGHT TO
A HEARING
Sep 203.01 Principles of Construction.
(a)
The board shall resolve all disputes about matters which are:
(1) Within the jurisdiction of its statute; and
(2) Non-criminal.
(b)
Sep 203.02 through Sep 213 shall be construed to secure the just,
accurate, and efficient resolution of all non-disciplinary disputes.
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Sep 203.02 Right to a Hearing. Any person having a non-disciplinary dispute
with the board shall be entitled to a hearing of the dispute if:
(a)
The legal rights, duties, or privileges of that person will be
determined in the course of deciding the outcome of the dispute; and
(b)
Constitutional, statutory, or case law requires the board to hold a
hearing before determination of those rights, duties, or privileges.
Source.
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PART
Sep 204 CONDUCT OF HEARINGS BY PRESIDING
OFFICER; WAIVER OF RULES
Sep 204.01 Presiding Officer.
(a)
Hearings shall be conducted by a presiding officer designated by the
board.
(b)
The presiding officer shall as necessary:
(1) Regulate and control the course of the
hearing;
(2) Facilitate settlement of the dispute that is
the subject of the hearing;
(3) Administer oaths and affirmations;
(4)
Request that the board issue subpoenas to compel the attendance of witnesses or
the production of documents;
(5) Receive relevant evidence and exclude
irrelevant, immaterial, or unduly repetitious evidence;
(6)
Rule on procedural requests at the request of a party or intervenor, or on the
presiding officer's own motion;
(7) Question anyone who testifies to the extent
required to make a full and fair record;
(8) Arrange for recording the hearing as
specified in RSA 541-A:31, VII; and
(9) Take any other action consistent with
applicable statutes, rules, and case law necessary to conduct the hearing and
complete the record in a fair and timely manner.
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Sep 204.02 Withdrawal of Presiding Officer.
(a)
Upon his or her own initiative or upon the motion of any party or
intervenor, the presiding officer shall withdraw from any adjudicative
proceeding for good cause.
(b)
Good cause shall exist if the presiding officer:
(1) Has a direct interest in the outcome of the
matter, including but not limited to, a financial or family relationship with
any party or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of the case.
(c)
Mere knowledge of the issues or acquaintance with any party, intervenor,
or witness shall not constitute good cause for withdrawal.
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Sep 204.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
the motion of any party or intervenor, or on his or her own initiative, shall
suspend or waive any requirement or limitation imposed by this chapter when the
suspension or waiver:
(a)
Appears to be lawful; and
(b)
Is more likely to promote the just, accurate, and efficient resolution
of the pending dispute than would adherence to a particular rule or procedure.
Source.
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PART
Sep 205 TIME PERIODS
Sep 205.01 Computation of Time.
(a)
Unless otherwise specified, the unit of time for time periods referenced
in this chapter shall be calendar days.
(b)
Computation of any period of time referred to in this chapter shall
begin with the day after the action which sets the time period in motion, and
shall include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday,
or a legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday, or legal holiday.
Source.
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PART
Sep 206 FILING, FORMAT, AND DELIVERY OF
DOCUMENTS
Sep 206.01 Date of Issuance or Filing.
(a)
All written documents governed by this chapter shall be rebuttably
presumed to have been issued on the date noted on the document.
(b)
All written documents governed by this chapter shall be rebuttably
presumed to have been filed with the board on the date of receipt, as evidenced
by a date placed on the document by the board or its staff in the normal course
of business.
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Sep 206.02 Format of Documents.
(a)
All correspondence, pleadings, motions, or other documents filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document,
or, if the proponent appears by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties and intervenors in compliance
with Sep 206.03.
(b)
The signature of a party or intervenor or the representative of the
party or the intervenor on a document filed with the board shall constitute
certification that:
(1) The signer has read the document;
(2)
The signer is authorized to file it;
(3) To the best of the signer's knowledge,
information, and belief there are
good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source.
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Sep 206.03 Delivery of Documents.
(a)
Copies of all motions, exhibits, memoranda, or other documents filed by
any party or intervenor shall be delivered by that party or intervenor to the
board and to all other parties and intervenors.
(b) All notices, orders, decisions, or
other documents issued by the presiding officer or the board shall be delivered
to all parties and intervenors.
(c)
Delivery of documents relating to a proceeding but not issued by the
presiding officer or the board shall be made either in hand, or by depositing
into the United States mail a copy of the document in an envelope bearing:
(1) The name of the person intended to receive
the document;
(2) The full address, including zip code, last
provided to the board by such person; and
(3) Prepaid first class postage.
(d)
Delivery of documents relating to a proceeding and issued by the
presiding officer or the board shall be made by mailing them in accordance with
(c) above and using certified mail with return receipt requested.
(e)
When a party or intervenor appears by a representative, delivery of a
document to the party's or intervenor’s representative either in hand or at the
address stated on the appearance filed by the representative shall constitute
delivery to the party or intervenor.
Source.
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PART
Sep 207 MOTIONS AND OBJECTIONS
Sep 207.01 Motions; Objections to Motions; Ruling on
Motions.
(a)
Motions shall be in written form and filed with the presiding officer,
unless made in response to a matter asserted for the first time at a hearing or
based on information that was not received in time to prepare a written motion.
(b)
Oral motions and any oral objections to such motions shall be recorded
in full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be fully and fairly
considered, the presiding officer shall direct the proponent to submit the
motion in writing and provide supporting information.
(c)
Except as otherwise provided in this chapter, objections to written
motions shall be filed within 10 days of the date of the motion.
(d)
Failure by an opposing party or an intervenor to object to a motion
shall not in and of itself constitute grounds for granting the motion.
(e)
When necessary to obtain information or clarify an issue relating to the
proceedings, the presiding officer shall hold a hearing on the motion.
(f)
The presiding officer shall rule upon a motion after full consideration
of all objections and applicable law.
Source.
#12840, eff 7-30-19
PART Sep 208 COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS;
EMERGENCY SUSPENSION PROCEDURES; APPEARANCES; PRE-HEARING CONFERENCES;
RECORDING THE HEARING
Sep 208.01 Notice Commencing Adjudicative Proceedings.
(a)
An adjudicative proceeding shall be commenced by notice to the parties
of the following information:
(1) The names and addresses of the parties;
(2) The nature of the hearing;
(3) The time and place of the hearing and of any
pre-hearing conference;
(4) The legal authority under which the hearing
is to be held;
(5) The applicable statutes and rules;
(6) In a short and plain statement, the issues
presented;
(7) The fact that each party has the right to
have representation by an attorney at the party’s own expense;
(8) The name of the presiding officer, if known;
and
(9) The fact that:
a. The licensee has the right to have the board
provide a certified shorthand court reporter at the licensee's expense; and
b. The licensee's request for a certified
shorthand court reporter shall be submitted in writing at least 10 days before
the beginning of the hearing and shall include an address to which the bill for
such shorthand court reporter shall be sent.
(b)
The substitution of another individual for the individual identified as
presiding officer in the notice of hearing shall not invalidate the notice.
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Sep 208.02 Procedure for Emergency Suspension of
Licenses.
(a)
Upon a finding that public health, safety, or welfare requires emergency
action, the board shall immediately and prior to a hearing suspend a license by
issuing a written order of suspension incorporating the finding.
(b)
The board shall commence a hearing no later than 10 working days after
the issuance of an order pursuant to (a) above.
(c)
Unless the 10-day deadline in (b) above is expressly waived by the
licensee, the failure of the board to meet the deadline shall result in the
automatic vacating of the order of license suspension.
(d)
After the vacating of the order pursuant to (c) above, the board shall
not again suspend the license on the basis of the same conduct which formed the
basis for the vacated order without giving the licensee prior notice and the
opportunity for a hearing.
(e)
The recording of a hearing on the emergency suspension of a license
shall be made by a certified shorthand court reporter provided and paid for by
the board.
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Sep 208.03 Appearances.
(a)
An appearance shall be filed by:
(1) Each party or the party's representative, if
any; and
(2) Each intervenor or the intervenor's
representative, if any.
(b)
Appearances shall be filed within 15 days of receipt of the notice
required by Sep 208.01(a).
(c)
The appearance shall contain the following information:
(1) The docket number assigned by the board or a
brief identification of the case;
(2) The daytime address and telephone number of
the person filing the appearance; and
(3)
If applicable, the daytime address and telephone number of the party or
intervenor represented by the person filing the appearance.
Source.
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Sep 208.04 Pre-Hearing Conference.
(a)
A prehearing conference shall be scheduled on the request of any party
or intervenor or on the initiative of the board or the presiding officer if
such a conference would facilitate the proceedings or encourage resolution of
the dispute.
(b)
A prehearing conference shall address one or more of the following:
(1) Offers of settlement;
(2) Simplification of the issues;
(3) Stipulations or admissions as to issues of
fact or proof;
(4) Limitations on the number of witnesses;
(5) Changes to standard hearing procedures;
(6) Consolidation of examination of witnesses;
and
(7) Any other matters that advance the efficiency
of the proceedings.
Source.
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Sep 208.05 Recording the Hearing.
(a)
The presiding officer shall record the hearing by electronic recording
or any other method that will provide a verbatim record, provided that such
recording shall be in addition to any shorthand reporter requested pursuant to
Sep 208.01(a)(9)b..
(b)
If any person requests a transcript of the electronic recording of a
hearing described in (a) above, the board shall:
(1) Cause a transcript to be prepared; and
(2) Upon receipt of payment for the cost of the
transcription, provide a copy of the transcript to the person making the
request.
Source.
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PART
Sep 209 INTERVENTION; ROLE OF BOARD
STAFF
Sep 209.01 Intervention Procedure.
(a)
Petitions for intervention shall:
(1) Describe in writing the petitioner's interest
in the subject matter of the proceedings;
(2) Be submitted to the presiding officer; and
(3) Be mailed in copy form to all parties
identified in the notice commencing the hearing.
(b) A petition for intervention shall be granted
by the presiding officer if the petitioner complied with (a) above at least 3
days before the hearing and the presiding officer determines that:
(1)
The petition states facts demonstrating that the petitioner's rights, duties,
privileges, immunities, or other substantial interests might be affected by the
proceedings or the petitioner qualifies as an intervenor under law; and
(2) The intervention sought would not impair the
interests of justice and the orderly and prompt conduct of the proceedings.
(c)
The presiding officer shall grant a petition for intervention at any
time if:
(1) The petitioner complied with (a) above; and
(2) The presiding officer determines that the
intervention sought would be in the interests of justice and would not impair
the orderly and prompt conduct of the proceedings.
Source.
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Sep 209.02 Effect of Intervention and Rights of an
Intervenor.
(a)
Approval of intervention by the presiding officer shall apply only to
the proceedings in which the petition for intervention was granted.
(b) Notwithstanding the provisions of
this chapter, an intervenor’s right to participate in an adjudicative proceeding
shall be subject to any limitations or conditions imposed by the presiding
officer pursuant to RSA 541-A:32, III.
(c)
An intervenor shall take the proceedings as he or she finds them and no
portion of the proceedings shall be repeated because of the fact of
intervention.
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Sep 209.03 Role of Board Staff. Unless called as witnesses, board staff shall
have no role in any hearing.
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Sep 209.04 Role of Complainants in
Enforcement or Disciplinary Hearings.
Unless called as a witness or granted party or intervenor status, a
person who initiates an adjudicative proceeding by complaining to the board
about the conduct of a person who becomes a party shall have no role in any
enforcement or disciplinary hearing.
Source.
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PART
Sep 210 CONTINUANCES
Sep 210.01 Continuances.
(a)
Any party or intervenor may make an oral or written motion that a
hearing be delayed or continued to a later date or time.
(b)
A motion for a delay or a continuance shall be granted if the presiding
officer determines that a delay or continuance would assist in resolving the
case fairly.
(c)
If the later date, time, and place are known when the hearing is being
delayed or continued, the information shall be stated on the record. If the
later date, time, and place are not known at that time, the presiding officer
shall as soon as practicable issue a written scheduling order stating the date,
time, and place of the delayed or continued hearing.
Source.
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PART
Sep 211 FAILURE TO PARTICIPATE IN THE
HEARING
Sep 211.01 Failure of the Party Having the Overall
Burden of Proof to Participate in the Hearing.
(a)
The board shall dismiss the case if the party having the overall burden
of proof, having been given notice in accordance with Sep 208.01:
(1) Failed to move for a delay in, or continuance
of, the hearing date; and
(2) Failed to participate in the hearing.
(b)
The board shall re-open the case and schedule a new hearing date on the
motion of the party having the overall burden of proof if:
(1) The motion to re-open the case is submitted
within 7 days of the original hearing date; and
(2) The board determines that the failure to
participate in the hearing on the originally scheduled date was the result of
accident, injury, illness, death of a family member, or other circumstance
beyond the party’s control.
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Sep 211.02 Failure of a Party Not Having the Overall
Burden of Proof to Participate in the Hearing.
(a)
The board shall receive and evaluate the testimony and other evidence of
all other parties and intervenors if a party who does not have the overall
burden of proof, having been given notice in accordance with Sep 208.01:
(1) Failed to move for a delay in, or continuance
of, the hearing date; and
(2) Failed to participate in the hearing.
(b)
The board shall accept testimony and other evidence on the motion of
such a party if:
(1) The motion for acceptance of testimony or
other evidence is submitted within 7 days of the original hearing date; and
(2) The board determines that the failure to
participate in the hearing on the originally scheduled date was the result of
accident, injury, illness, death of a family member, or other circumstance
beyond the party’s control.
Source.
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PART
Sep 212 REQUESTS FOR INFORMATION AND
DOCUMENTS
Sep 212.01 Voluntary Production of Information.
(a)
Each party and intervenor shall attempt in good faith to make complete
and timely response to requests for the voluntary production of information and
documents relevant to the hearing.
(b)
When a dispute arises concerning a request for the voluntary production
of information or documents, any party or intervenor may file a motion to compel
the production of the requested information or documents.
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Sep 212.02 Motions to Compel Production of
Information and Documents.
(a)
Any party or intervenor may make a motion seeking an order for
compliance with an information or document request. The motion shall be filed at least 20 days
before the date scheduled for the hearing and in any event as soon as possible
after receiving the notice of the hearing and failing in an attempt to obtain
the requested information or documents through voluntary production.
(b)
The motion to compel shall:
(1) Set forth in detail those facts which justify
the request for information or documents; and
(2) List with specificity the information or
documents being sought.
(c)
Objections to motions to compel shall be filed within 10 days of the
delivery of the motion.
(d)
The presiding officer shall grant the motion to compel if its proponent
has demonstrated that an order for compliance is necessary for a full and fair
presentation of evidence at the hearing.
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Sep 212.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits. At least 5
days before the hearing, the parties and intervenors shall provide to the other
parties and intervenors:
(a)
A list of witnesses intended to be called at the hearing;
(b)
A list of documents and exhibits intended to be offered as evidence at
the hearing; and
(c)
A copy of each document intended to be offered as evidence at the
hearing.
Source.
#12840, eff 7-30-19
PART
Sep 213 HEARING PROCEDURE
Sep 213.01 Standard and Burden of
Proof. The party or intervenor
asserting a proposition shall bear the burden of proving the truth of the
proposition by a preponderance of the evidence.
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Sep 213.02 Order of Testimony; Cross-Examination.
(a)
Any individual offering testimony, evidence, or arguments shall state
for the record his or her name and role in the hearing. If the individual is
representing another person, the person being represented shall also be
identified.
(b)
Testimony on behalf of the parties shall be offered in the following
order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter, the testimony of the party or
parties opposing the party who bears the overall burden of proof and such
witnesses as such party or parties may call.
(c)
The testimony of intervenors and such witnesses as such intervenors may
be allowed to call shall be offered at the time directed by the presiding
officer.
(d)
Each party may cross-examine any witnesses offered against that party.
(e)
The presiding officer shall call witnesses not called by the parties if
their testimony is required for a full and fair adjudication of the issues.
(f)
The right of an intervenor to cross-examine witnesses shall be
determined by the presiding officer.
(g)
Board members may question each witness after the witness has finished
testifying.
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Sep 213.03 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b)
All rules of privilege recognized under the laws of the state of New
Hampshire shall apply in proceedings before the board.
(c)
All documents, materials, and objects offered as exhibits shall be
admitted into evidence unless excluded by the presiding officer as irrelevant,
immaterial, unduly repetitious, or legally privileged.
(d)
All objections to the admissibility of evidence shall be stated as early
as possible in the hearing, but not later than the time when the evidence is
offered.
(e)
Transcripts of testimony as well as documents, materials and objects
admitted into evidence shall be governmental records unless the presiding
officer determines that all or part of them is exempt from disclosure under RSA
91-A:5 or applicable case law.
Source.
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Sep 213.04 Proposed Findings of Fact and Rulings of
Law.
(a)
Any party or intervenor may submit proposed findings of fact and rulings
of law.
(b)
The presiding officer shall require the submission of proposed findings
of fact and rulings of law and specify a deadline after the close of the
hearing for their submission when:
(1) Any party or intervenor has requested such
action;
(2) The presiding officer is required by Sep
213.07(d)(3) to submit findings of fact and rulings of law to the board; or
(3) The presiding officer determines that
proposed findings of fact and rulings of law would clarify the issues presented
at the hearing.
(c)
In any case where proposed findings of fact and rulings of law are
submitted, the decision shall include rulings on the proposals.
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Sep 213.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Sep 213.06.
Source.
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Sep 213.06 Reopening the Record.
(a)
If no written proposal for decision pursuant to Sep 213.07(d) or
decision pursuant to Sep 213.07 (a) has been issued, any party or intervenor
may move to reopen the record for the inclusion in the record of specified
evidence or claims of law.
(b)
A motion is pursuant to (a) above shall be granted if:
(1) There is no objection from any other party or
intervenor;
(2) The evidence sought to be included in the
record was not available at the time of the hearing or the claim of law was
inadvertently omitted; and
(3) The presiding officer determines that the
evidence or claim of law is relevant, material, and non-duplicative and its
inclusion in the record is necessary to a full and fair consideration of the
issues to be decided.
(c)
If there is an objection from a party or intervenor to a motion made
pursuant to (a) above, the hearing shall be reopened for the purpose of
receiving evidence, permitting cross-examination and permitting argument on the
issue of reopening the record.
(d)
The presiding officer shall grant a motion made pursuant to (a) above
if, after the reopened hearing described in (c) above, the presiding officer
determines that the evidence sought to be included in the record was not
available at the time of the hearing or the claim of law was inadvertently
omitted and the evidence or claim of law is relevant, material, and
non-duplicative and its inclusion in the record is necessary to a full and fair
consideration of the issues to be decided.
(e)
If the presiding officer permits the reopening of the record for the
admission of specified evidence or claim of law, the presiding officer shall
extend the hearing reopened pursuant to (c) above for the purpose of receiving
evidence, permitting cross-examination and permitting argument on the substance
of the evidence or on the claim of law.
Source.
#12840, eff 7-30-19
Sep 213.07 Disposition.
(a)
The board shall issue a decision or order, whether or not the record has
been reopened pursuant to Sep 213.06, based on:
(1) A hearing attended by a quorum of the board;
(2) A written proposal for disposition meeting
the requirements of paragraph (d) below; or
(3) A hearing held pursuant to paragraph (e)(2)
below.
(b)
The decision or order shall:
(1) Be in writing and dated; and
(2) Include findings of fact and rulings of law.
(c)
A board member shall not participate in the board's disposition if he or
she has not personally heard all of the testimony in the case, unless the
disposition does not depend on the credibility of any witness and the record
provides a reasonable basis for evaluating the testimony.
(d)
If a presiding officer has been delegated the authority to conduct the
hearing in the absence of a quorum of the board, the presiding officer shall
submit to the board a written proposal for disposition containing:
(1) The disposition proposed by the presiding
officer;
(2) A statement of the reasons for the proposed
disposition; and
(3) Findings of fact and rulings of law necessary
to the proposed disposition.
(e)
If a proposed disposition submitted pursuant to paragraph (c) is adverse
to a party or an intervenor, the board shall:
(1) Serve a copy of it on each party and
intervenor; and
(2) Provide an opportunity to file objections and
present briefs and oral arguments to the board.
(f)
The board shall keep a final decision in its records for at least 5
years following its date of issuance, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source.
#12840, eff 7-30-19
Sep 213.08 Rehearing.
(a)
Rehearing shall be before a quorum of the board.
(b)
Within 30 days of the board's decision or order pursuant to Sep 213.07
any party or person directly affected may request rehearing of any matter
determined in the proceeding or covered by the decision or order by submitting
a written motion specifying:
(1) The issues to be considered at the rehearing;
and
(2) Every ground on which it is claimed that the
decision or order is unlawful or unreasonable.
(c)
An objection to a motion for rehearing shall be submitted within 5 days
of the submission of the motion.
(d)
Within 10 days of the submission of the motion for rehearing the board
shall:
(1) Grant the motion;
(2) Deny the motion; or
(3) Suspend the board's decision or order pending
further consideration.
(e)
The board shall grant the motion for rehearing if it determines that, in
the original hearing it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Otherwise failed substantially to comply with
this chapter or acted in a manner which was unlawful or unreasonable.
Source.
#12840, eff 7-30-19
PART
Sep 214 SETTLEMENTS
Sep
214.01 Settlement of Non-Disciplinary
Issues.
(a) Any licensee or applicant for a license
having a dispute with the board over issues not related to a disciplinary
matter shall have the opportunity to settle some or all of the issues if there
is no dispute about the underlying material facts.
(b) To be effective, an agreement to settle shall
be:
(1)
In writing;
(2)
Signed by the licensee or applicant for a license; and
(3)
Finalized as an order issued by the board.
(c) The signing of the agreement to settle shall
constitute a waiver of the right to a hearing of the issues resolved by the
agreement.
Source.
#12840, eff 7-30-19
PART
Sep 215 RULEMAKING
Sep 215.01 Petitions for Rulemaking.
(a)
Any person may seek the adoption, amendment, or repeal of a rule by
submitting to the board a petition pursuant to RSA 541-A:4.
(b)
Each petition for rulemaking shall contain:
(1) The name and address of the individual
petitioner or, if the request is that of an organization or other entity, the
identity of such organization or entity and the name and address of the
representative authorized by the entity to file the petition;
(2) A statement of the purpose of the petition,
whether the adoption, amendment, or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source.
#12840, eff 7-30-19
Sep 215.02 Disposition of Petitions for Rulemaking.
(a)
The board shall request additional information or argument from the
petitioner for rulemaking or from others if such additional information or
argument is required to reach a decision.
(b)
The board shall grant the petition for rulemaking if the adoption,
amendment, or repeal sought would not result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency between 2 administrative rules;
or
(5) A rule that does not assist the board with
the regulation of the profession.
(c)
Within 30 days of the board’s next scheduled meeting the board shall
dispose of it in the following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d)
The denial of a petition for rulemaking shall not entitle the petitioner
to a hearing.
Source.
#12840, eff 7-30-19
PART
Sep 216 PUBLIC COMMENT HEARINGS
Sep 216.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source.
#12840, eff 7-30-19
Sep 216.02 Public Access and Participation.
(a)
Public comment hearings shall be open to the public, and members of the
public shall be entitled to testify, subject to the limitations of Sep 216.03.
(b)
People who wish to testify shall be asked to write on the speaker's
list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations,
entities or other persons whom they represent, if any.
(c)
Written comments, which may be submitted in lieu of or in addition to
oral testimony, shall be accepted until the close of the public hearing if
stated in the rulemaking notice.
Source.
#12840, eff 7-30-19
Sep 216.03 Limitations on Public Participation. The board's chair or other person designated
by the board to preside over a hearing shall:
(a)
Refuse to recognize for speaking or revoke the recognition of any person
who:
(1) Speaks or acts in an abusive or disruptive
manner;
(2) Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
(3) Restates more than once what he or she has
already stated; and
(b)
Limit presentations on behalf of the same organization or entity to no
more than 3, provided that all those representing such organization or entity
may enter their names and addresses into the record as supporting the position
of the organization or entity.
Source.
#12840, eff 7-30-19
Sep 216.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a)
Limitation on the placement of cameras to specific locations within the
hearing room; and
(b)
Prohibition of interviews conducted within the hearing room before or
during the hearing.
Source.
#12840, eff 7-30-19
Sep 216.05 Conduct of Public Comment Hearings.
(a)
Public comment hearings shall be attended by a quorum of the board.
(b) Public comment hearings shall be
presided over by the board chair or a board member knowledgeable in the subject
area of the proposed rules who has been designated by the board to preside over
the hearing.
(c)
The chair or other person presiding over a hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the
subject matter of the hearing and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) If necessary, establish limits pursuant Sep
216.03 and Sep 216.04;
(6) If necessary to permit the hearing to go forward
in an orderly manner, effect the removal of a person who speaks or acts in a
manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
and
(8) Adjourn or continue the hearing.
(d)
A hearing shall be postponed in accordance with RSA 541-A:11, IV when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing to attend the hearing will be unable
to do so;
(2) The board chair or other person designated by
the board to preside over the hearing is ill or unavoidably absent; or
(3) Postponement will facilitate greater
participation by the public.
(e)
A hearing shall be moved to another location in accordance with RSA
541-A:11, V when the original location is not able to accommodate the number of
people who wish to attend the hearing.
(f)
A hearing shall be continued past the scheduled time or to another date
in accordance with RSA 541-A:11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend and
it is not possible to move the hearing to another location.
Source.
#12840, eff 7-30-19
PART
Sep 217 DECLARATORY RULINGS
Sep 217.01 Requests for Declaratory Rulings.
(a)
Any individual or entity may request a declaratory ruling by the board
if that individual or entity is directly affected by the applicable statute or by any administrative rule.
(b)
A request for a declaratory ruling shall be in a writing containing:
(1) The name and address of the individual or
entity making the request;
(2) The text of the ruling being requested;
(3) The reasons for the request; and
(4)
The following declaration signed by the individual making the request, the
authorized representative of such individual, or the authorized representative
of the entity making the request:
"I
declare that I have examined the request for a declaratory ruling, including
the accompanying documents, and state that, to the best of my knowledge and
belief, the facts presented in support of the requested declaratory ruling are
true, correct and complete."
Source.
#12840, eff 7-30-19
Sep 217.02 Documents Required to Support Requests for
Declaratory Rulings.
(a)
A request for a declaratory ruling shall be accompanied by:
(1) A statement citing the statutory law,
regulatory law, and orders believed to support the ruling being requested;
(2) A statement of the facts believed to support
the ruling being requested; and
(3) Supplementary material necessary to establish
or clarify the facts set forth in the statement of facts.
(b)
A request for a declaratory ruling may be accompanied by additional
material chosen by the person making the request.
Source.
#12840, eff 7-30-19
Sep 217.03 Processing Requests for Declaratory
Rulings.
(a)
Within 30 days of receiving a request for a declaratory ruling the board
shall advise the individual or entity requesting it if the ruling will be
delayed by the need for additional information or the complexity of the issues
presented.
(b)
If additional information should be needed, the board shall specify the
additional information required and request that it be provided in a statement
of additional information that includes the declaration specified in Sep
217.01(b)(4) and is accompanied by any material necessary to establish or
clarify the facts set forth in the statement.
Source.
#12840, eff 7-30-19
Sep 217.04 Issuance and Publication of Declaratory
Rulings.
(a)
When facts sufficient to support a declaratory ruling have been
established, the board shall issue a written declaratory ruling which applies
all relevant law to the established facts.
(b)
When the established facts show that the board lacks subject matter or
personal jurisdiction to issue a declaratory ruling, the board shall issue a
written decision stating that it lacks jurisdiction to issue a declaratory
ruling and identifying the lack of jurisdiction.
(c)
Declaratory rulings shall be filed on the day of issuance with the
director of legislative services in accordance with RSA 541-A:16, II (b).
Source.
#12840, eff 7-30-19
Sep 217.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the
board and to the individual or entity requesting it and shall be confined to
the facts presented pursuant to Sep 217.02 (a)(2) through (a)(3) and in
response to a request of the board made pursuant to Sep 217.03 (b).
Source.
#12840, eff 7-30-19
PART
Sep 218 EXPLANATION OF ADOPTED RULES
Sep 218.01 Requests for Explanation of Adopted Rules.
Any interested person may, within 30 days of the final adoption of a rule,
request a written explanation of that rule by making a written request to the
board including:
(a)
The name and address of the individual making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source.
#12840, eff 7-30-19
Sep 218.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Sep 218.01, provide a written response which:
(a)
Concisely states the meaning of the rule adopted;
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule.
Source.
#12840, eff 7-30-19
PART Sep 219 WAIVER OF SUBSTANTIVE RULES
Sep
219.01 Petitions for Waiver.
(a)
Any interested person may request the board to waive any rule not
covered by Sep 204.03 by filing an original and 6 copies of a petition which
identifies the rule in question and sets forth specific facts and arguments
which support the requested waiver.
(b)
Petitions for waivers of substantive rules shall address whether:
(1) Adherence
to the rule would cause the petitioner hardship;
(2)
The requested waiver is necessary because of any neglect or misfeasance
on the part of the petitioner;
(3)
Waiver of the rule would be consistent with the statutes administered by
the board; and
(4)
Waiver of the rule would injure third persons.
(c)
If examination of the petition reveals that other persons would be
substantially affected by the proposed relief, the board shall require service
of the petition on each such person and advise each that she or he may file a
reply to the petition.
(d) The petitioner shall provide
further information or participate in such evidentiary or other proceedings as
ordered by the board as necessary to complete action on the petition.
(e)
A petition for waiver of a rule which does not contain the information
required in (b) above shall be denied without further notice or hearing.
(f)
The board shall grant petitions for waiver of a rule upon finding that
good cause exists to do so based on the information supplied by the petitioner
pursuant to Sep 219.01(b).
(g) The board shall, if good cause to do so
exists, initiate waiver or suspension of a substantive rule upon its own motion
by providing affected parties with notice and an opportunity to be heard, and
issuing an order which finds that:
(1)
Adherence to the rule would cause the petitioner undue personal hardship;
(2) There
is no neglect or misfeasance on the part of the petitioner;
(3)
Waiver of the rule would be consistent with the statutes administered by
the board; and
(4) Waiver
of the rule would not injure third persons.
Source.
#12840, eff 7-30-19
CHAPTER
Sep 300 LICENSURE REQUIREMENTS
PART
Sep 301 APPLICATION REQUIREMENTS
Sep 301.01 Application Process.
(a)
Persons wishing to become licensed as a septic system evaluator in New
Hampshire shall complete and submit an “Application for Licensure as a Septic
System Evaluator” form provided by the board containing the information
specified in Sep 301.02 and shall submit the application fee specified in Sep
301.03 and Sep 301.04.
(b)
An application, which is not signed by the applicant, or is not
accompanied by cash, a valid check, or a valid credit card number for the
application fee, shall not be accepted for processing and shall be returned to
the applicant in accordance with RSA 541-A:29, I.
(c)
If the application is denied, the applicant shall be provided an
opportunity to request a hearing for reconsideration on the deficiency issues
identified by the board. Any such
request shall be made in writing and received by the board within 30 days of the
receipt of the notification of denial.
(d)
Applications about which there has been no communication from the
applicant to the board for one year shall be destroyed.
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18 (formerly Sep 302.01)
Sep 301.02 Application for Licensure.
(a)
Each applicant for licensure shall provide, or cause to be provided, the
following on the “Application for Licensure as a Septic System Evaluator” form
supplied by the board:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s written signature;
(3) The applicant’s residence and business
addresses and telephone numbers;
(4) The applicant’s email address;
(5) The applicant’s date of birth and place of
birth;
(6) An indication as to whether the applicant has
completed the classroom and field training of a board approved septic evaluator
course and, if so:
a. The date of the course;
b. Where the course was taken; and
c. Name of the course provider;
(7) An indication as to whether the applicant has
ever taken a granite state septic system evaluator course and, if so, the date
the course was taken;
(8) An indication as to whether the applicant
currently holds a septic system designer permit and, if so:
a. The permit number; and
b. The total number of evaluations completed;
(9) An indication as to whether the applicant is
actively engaged in the business of septic system evaluations and, if so:
a. The year the applicant began evaluating
septic systems; and
b. The total number of evaluations completed;
(10) The applicant’s dated signature below the
following attestation:
I
have read the contents hereof and clearly understand that the correctness and
truth of my statements certifying that I have completed 25 septic system
evaluations as recorded in this application not only to the issuance of the
certificate of licensure, as applied for, but also to the retention of said
certificate, if issued;
(11) An indication as to whether the applicant has
ever been licensed in any other state as a septic system evaluator;
(12) The applicant’s dates of employment, titles
of positions, and name and present address of employer;
(13) Character of employment including types of
work performed and degree of responsibility;
(14) The name and present address of someone
familiar with each position held by the applicant, preferably a person to whom
the applicant reported or with whom the applicant was associated;
(15) The name, address, occupation, and business
relationship to the applicant of 3 references that have personal knowledge of
the applicant’s experience and who will submit a completed reference form to
the board for review which contains the following information:
a. The name of the applicant;
b. The full name of the reference,
c. The address of the reference;
d. The reference’s present business or
profession;
e. An indication as to whether the reference is
a certified or practicing septic system evaluator and, if so, the state and
applicable certificate number;
f. The length of time the reference has known the
applicant;
g. An explanation of any relationship to the
applicant;
h. An explanation of any business connection to
the applicant;
i. Identification of anything the reference
knows about the applicant that would reflect adversely on the applicant’s integrity
or general good character;
j. A brief estimate of the applicant as a septic
system evaluator;
k. An indication as to whether the reference
would employ the applicant in a position of trust;
l. The name and address of the applicant’s firm,
if he or she is connected to one;
m.
Whether the reference thinks the applicant is qualified to be placed in a
responsible charge of supervision of work;
n. The nature of the applicant’s individual
practice, if he or she practices individually;
o.
Whether the reference recommends the applicant for certification as a septic
system evaluator;
p. An estimation of how many years of experience
the reference believes the applicant to have;
q. Any other remarks concerning the applicant;
and
s. The reference’s dated signature below an
attestation that the reference knows the person referred to is making
application for licensure to the State of New Hampshire as a septic system
evaluator;
(16) Highest grade attended including name of
institution, years attended, graduation date;
(17) A listing of every state in which the
applicant holds or has ever held registration or certification, licensure as a
septic system evaluator with corresponding number and date of initial
registration, certification, or licensure;
(18) Whether the applicant has ever been denied
registration, certification, or licensure as a septic system evaluator or
disciplined by this board or another septic system evaluator licensing board in
any other state and if so, an explanation of the circumstances;
(19) Whether the registration, certification, or
licensure as a septic system evaluator was issued by examination;
(20) Whether the applicant has ever been convicted
of any felony, any misdemeanor, or a violation and if so, the name of the
court, the details of the offense and the date of conviction and the sentence
imposed;
(21) The applicant’s social security number required
pursuant to
(22) The applicant’s signed and dated
supplementary experience record, including the signed and dated attachments,
which lists in detail the applicant’s projects or assignments in chronological
order by identifying:
a. The portion of the work the applicant
personally did;
b. The project job title;
c. The name of the client; and
d. The location of the portion of the project
completed by the applicant;
(23) The applicant’s dated signature below the
following pre-printed affidavit:
I
have read the contents hereof and clearly understand that the correctness and
truth of my statements as recorded in this application are material, not only
to the issuance of the certificate of licensure, as applied for, but also to
the retention of said certificate, if issued; and
(24) The application fee as specified in Sep
301.03 and Sep 301.04.
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18
Sep 301.03 Application and Licensure Fees.
(a)
The application for licensure shall be $100.00.
(b)
The examination administration fee shall be $100.00.
(c)
The wall display certificate fee for licensees shall be $50.00.
(d)
The biennial renewal fee shall be $100.00.
(e)
If the renewal is not received by the date of expiration, there shall be
a late fee of 20 percent per month.
(f)
The reinstatement fee after 12 months shall be the renewal fee plus 20
percent per month late fee totaling $340.00.
(g)
The fee for verification of licensure shall be $25.00.
(h)
The fee for replacement of a lost or mutilated certificate of licensure
shall be $50.00.
(i)
Course providers shall pay an evaluation fee of $25.00 each time a
course is submitted to the board to be evaluated for pre-licensing education
credit.
Source. #12654, eff 10-31-18
Sep 301.04 Fees.
All fees shall be paid in the form of cash, money order, bank draft,
check, or credit card number payable to “Treasurer, State of New Hampshire” and
are non-refundable. Applicants paying by
credit card shall submit a completed “Credit Card Information” form, revised
September 2018.
Source. #12654, eff 10-31-18
PART
Sep 302 QUALIFICATION OF APPLICANTS
Sep 302.01 Candidate Requirements.
(a)
Candidates for licensure shall meet the requirements established by
(b)
The candidate shall have committed no
misconduct as set forth in RSA 310-A:205.
The board shall consider all available evidence for all candidates for
licensure, prior to granting a license.
(c)
Qualifications shall be as follows:
(1) Candidates shall have successfully completed:
a. A board- approved pre-licensing education
program; and
b. A board- approved pre-licensing fieldwork
program;
(2) Candidates shall be at least 18 years of age;
and
(3) Candidates shall be of good moral and
professional character, as evidenced by the answers to questions on the
application form and any attachments.
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18 (formerly Sep 303.01)
Sep 302.02 Denial of Application. An application shall be denied if, after
notice and an opportunity for hearing, there is a finding that:
(a)
The applicant, or someone acting on the applicant's behalf, has submitted
false information to the board in connection with the application;
(b)
There is evidence of past disciplinary action taken by another licensing
body or a professional society or association, which indicates the applicant
cannot be relied upon to practice competently and honestly, or adhere to the
standards of conduct required by Sep 500 and
(c)
There is evidence of conviction of a felony or misdemeanor which
indicates the applicant cannot be relied upon to practice competently and
honestly, or adhere to the ethical standards required by Sep 500;
(d)
There is evidence of behavior that would violate the ethical and
professional standards of Sep 500, Sep 600 and
(e)
The applicant failed to meet the educational and experience requirements
of Sep 302 and
(f)
The applicant failed to submit the documentation required by Sep 301.02;
(g)
The applicant failed to submit the fee required by Sep 301.03 and Sep
301.04; or
(h)
The applicant failed to successfully pass the examinations required per
Sep 303.01.
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18 (formerly Sep 304.01)
Sep 302.03 Approval of Pre-Licensing Education
Courses.
(a)
Applicants for approval of pre-licensing courses shall submit the
following:
(1) A course outline describing content and
course hours to be taught, at least 3 months prior to the implementation of the
course on subject areas approved by the board, including:
a.
b. Sep 100-600;
(2) Documentation that substantiates the
following:
a. How the program curriculum reflects current
practice standards; and
b. The organization of the curriculum including:
1. The content of each of the courses;
2. The goals and objectives of each of the
courses;
3. The total number of hours of classroom
instruction;
4. Credentials of the instructor(s);
5. Expected student outcomes;
6. Curricular organization;
7. Course and unit objectives; and
8. The processes used to evaluate the progress
of the students; and
(3) The fee required pursuant to Sep 301.03(i).
(b)
If necessary to make effective the permission described in Sep 302.03
(c), written permission shall be required from the program's sponsoring
institution for the board to visit the program site for the purpose of
assessing the program's compliance with the requirements for board approval;
and
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18
Sep 302.04 Approval of Pre-Licensing Fieldwork
Programs. A pre-licensing fieldwork
program shall meet the following requirements:
(a) Formal pre-licensing fieldwork
programs shall:
(1) Require candidates to complete at least 3
different evaluations;
(2) Require candidates to evaluate at least 2
different types of septic systems; and
(3) Evaluate students on a pass or fail basis; or
(b)
Informal pre-licensing fieldwork programs shall require candidates for
licensure to complete at least 25 septic evaluations under the supervision of a
licensed septic system evaluator, provided that the applicant provides copies
of the inspection reports that are signed by the supervisor with his or her
application for licensure.
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18
PART
Sep 303 EXAMINATIONS
Sep 303.01 Examinations. Candidates for licensure shall have
successfully passed the exam as administered by the board-approved
pre-licensing education provider.
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18
PART
Sep 304 RECIPROCITY
Sep 304.01 Reciprocity.
(a)
Candidates for licensure who are licensed or registered in another state
shall be eligible for licensure by reciprocity pursuant to RSA 310-A:214,
provided that the candidate’s current state of licensure grants reciprocity to
residents of this state and has licensure, registration, or certification
requirements that are substantially equivalent to or higher than those of this
state.
(b)
Candidates applying for licensure under this section shall bear the
burden of demonstrating to the board that the licensure, certification, or
registration requirements maintained by their current state are substantially
equivalent to or higher than those of this state.
(c)
Candidates applying for licensure under this section shall complete and
submit the “Application for Licensure as a Septic System Evaluator” form
specified by Sep 301.02 and pay the fee pursuant to Sep 301.03 (a). The
verification of licensure or examination shall be obtained by the candidate for
licensure and submitted to the board directly from the verifying state for
approval.
Source.
#12392, INTERIM, eff 9-28-17,
EXPIRED: 3-27-18
New. #12654, eff 10-31-18
PART
Sep 305 CREDENTIALS
Sep 305.01 License. An applicant for licensure as a septic system
evaluator, who has satisfactorily met all the requirements of RSA 310-A and who
has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license
authorizing the practice of septic system evaluations that shall show the full
name of the licensee, shall have a serial number, and shall be signed by
members of the board.
Source. #12654, eff 10-31-18
Sep 305.02 Pocket Cards. Biennially, the board shall issue a licensure
card, numbered to correspond with the septic system evaluator’s assigned number
to each licensed septic system evaluator upon renewal of the license. The card shall certify that the septic system
evaluator holds a license in good standing and is authorized to practice as a
septic system evaluator to the date of expiration as shown on the card.
Source. #12654, eff 10-31-18
Sep 305.03 Licensed Septic System Evaluator Seal,
Stamp, and License Number.
(a)
Upon issuance by the board of a license to an applicant as a licensed
septic system evaluator, the licensee shall acquire an impression type seal or
rubber stamp of the design described in (b) below. This seal shall bear the
licensee's name and number as shown on the license.
(b)
The seal shall consist of 2 concentric circles with the outer circle
having a diameter of 1- 9/16 inches and the inner circle diameter of 15/16
inches. In the space between the circles,
the top shall be the words "Licensed Septic System Evaluator " and at
the bottom "State of New Hampshire."
In the space inside the inner circle shall be the full name of the
licensee over an image of a probe and a shovel and the license number written
under the image.
(c)
The stamping or sealing of any documents by the licensee with the
licensee's seal after the license has expired, has been suspended, revoked, or
surrendered voluntarily shall be a violation of these rules. The stamping or sealing of any documents by
the licensee not prepared by the licensee personally or under the licensee’s
direct supervision shall be a violation of these rules.
Source. #12654, eff 10-31-18
CHAPTER Sep 400
CONTINUED STATUS
PART
Sep 401 RENEWAL OF LICENSE
Sep 401.01 Expirations and Renewals. Pursuant to RSA 310-A:215, licenses shall be
renewed by written application prior to the expiration date and by payment of
the prescribed renewal fee. The board
shall notify each septic system evaluator one month prior to expiration of
their license. If properly renewed, a
license shall remain in effect continuously from the date of issuance, unless
suspended or revoked by the board.
Source. #12654, eff 10-31-18
Sep 401.02 Renewal of License.
(a)
Any licensee wishing to renew a license shall submit:
(1) A completed “Septic System Evaluator Renewal
Application” form, revised September 2018, supplied by the board;
(2) The fee specified in Sep 301.03;
(3) If the renewal is not received by the date of
expiration, a late fee of 20 percent per month for a period of 12 months;
(4) Proof of completion of the continuing
education requirements of Sep 403; and
(5) If applicable, a copy of the licensee’s
military orders calling them to active duty pursuant to Sep 401.02 (b).
(b)
Upon request of the licensee who is a member of the armed forces or the
reserves or the national guard of the United States that is called to active
duty, the board shall place the license in inactive status. The license may be reactivated by the
licensee within one year of the licensee’s release from active status by paying
the renewal fee and completing and submitting the “Septic System Evaluator
Renewal Application” form, unless still within the renewal period.
Source. #12654, eff 10-31-18
Sep 401.03 Renewal Application. The applicant shall supply the following
information on the “Septic System Evaluator Renewal Application” form, revised
September 2018 and provided by the board, for license renewal:
(a)
The applicant’s license number and expiration date;
(b)
The applicant’s full name;
(c)
The applicant’s business address and telephone number;
(d)
The applicant’s home address and telephone number;
(e)
The applicant’s email address;
(f)
Certification that the applicant has complied with the continuing
education requirements of Sep 403;
(g)
A statement indicating any disciplinary action brought against the
applicant;
(h) A statement indicating whether the
applicant has ever been convicted of any felony, or any misdemeanor, and if so,
the name of the court, the details of the offense, and the date of conviction
and the sentence imposed;
(i)
A statement indicating that to his or her knowledge the applicant has
adhered to the ethical and professional standards of
(j)
Acknowledgment that the provision of materially false information in the
application known by the applicant to be untrue is a basis for denial;
(k)
Acknowledgement that, if the applicant provided false information that
is discovered after the license is renewed, it is a basis for disciplinary
action by the board;
(l)
Evidence of successful completion of 6 hours of board approved education
pursuant to
(m)
The renewal fee as specified in Sep 301.03; and
(n)
The applicant’s signature and date.
Source. #12654, eff 10-31-18
Sep 401.04 Denial of Renewal. Renewal shall be denied if, after notice and
an opportunity for hearing, the board finds:
(a)
Noncompliance with the continuing education requirements of Sep 403.01;
(b)
Any unethical act for which discipline shall be imposed under
(c)
Reasons for which an initial application could be denied;
(d)
Failure to furnish complete or accurate information on an initial or
renewal license application; or
(e)
Failure to file a renewal application within 12 months of license
expiration.
Source. #12654, eff 10-31-18
Sep 401.05 Reinstatement. A septic system evaluator on inactive status
or whose license to practice in this state has been lapsed for a period of 12
months or more shall:
(a)
Complete and submit a “Septic System Evaluator Reinstatement” form,
revised September 2018, to the board that shall include at least the following:
(1) The applicant’s full name;
(2) The date the applicant’s initial license was
issued and the license number;
(3) The applicant’s business address and
telephone number;
(4) The applicant’s home address and telephone
number;
(5) The applicant’s email address;
(6) Documentation that the applicant has complied
with the continuing education requirements of Sep 403;
(7) A statement indicating any disciplinary
action brought against the applicant;
(8) A statement indicating whether the applicant
has ever been convicted of any felony, any misdemeanor, or a violation and if
so, the name of the court, the details of the offense, and the date of
conviction and the sentence imposed;
(9) A statement indicating that to their
knowledge the applicant has adhered to the ethical and professional standards
of
(10) A representation that the applicant
acknowledges that the provision of false information in the application is a
basis for disciplinary action by the board; and
(11) The applicant’s signature and date; and
(b)
Applicants shall submit the application and reinstatement fees as
specified in Sep 301.03.
Source. #12654, eff 10-31-18
Sep 401.06 Denial of Reinstatement. Reinstatement shall be denied if, after
notice and an opportunity for hearing, the board finds:
(a)
Noncompliance with the continuing education requirements of Sep 403.01;
(b)
Any unethical act for which discipline shall be imposed under
(c)
Reasons for which an initial application could be denied under Sep
302.02; or
(d)
Failure to furnish complete or accurate information on an initial or
renewal license application.
Source. #12654, eff 10-31-18
PART
Sep 402 DISCIPLINARY MATTERS
Sep 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary hearings
in response to any information which reasonably suggests that a licensee has
engaged in professional misconduct.
Source. #12654, eff 10-31-18
Sep 402.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction, where the license was not reinstated, the board shall
issue an order directing the licensee to demonstrate why reciprocal discipline
should not be imposed in New Hampshire.
(c)
In a disciplinary proceeding brought on the basis of discipline imposed
in another jurisdiction the licensee shall be subject to any disciplinary
sanction authorized by RSA 310-A:216 after considering the presence of
aggravating or mitigating circumstances.
(d) After a finding that misconduct
has occurred, the board shall impose one or more of the disciplinary sanctions
authorized by RSA 310-A:217, V after considering the presence of aggravating or
mitigating circumstances.
(e)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) Prior disciplinary record;
(3) Lack of willingness to cooperate with the
board; and
(4) Potential harm to public health and safety.
(f)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(g)
No hearing date established in a proceeding conducted under Sep 402.02
shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period, if any, pending issuance of the
board’s final decision.
(h)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities,
organizations, associations, or boards as are required to be notified under
applicable state or federal law.
Source. #12654, eff 10-31-18
Sep 402.03 Administrative Fines.
(a)
Adjudicative procedures seeking the assessment of an administrative fine
shall be commenced against any person subject to such fines under any provision
of
(b)
When persons subject to the board’s disciplinary authority are directed
to pay fines pursuant to Sep 402.03(c), such fines shall be assessed in
accordance with the factors stated in Sep 402.02(e) and (f) and the following
additional financial considerations:
(1) As an aggravating factor, the cost of any
investigation or hearing conducted by the board; and
(2) As a mitigating factor, the licensee’s
ability to pay a fine assessed by the board.
(c)
Administrative fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred during a period of licensure within the 5 years preceding the board’s
notice to the respondent, the fine assessed shall not exceed $200.00 per day or
$1,000.00 per offense, whichever is greater;
(2) When a single disciplinary infraction of the
same type has occurred during a period of licensure within the 5 years
preceding the board’s notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $1,500.00 per offense whichever is greater; and
(3) When more than one disciplinary infraction of
the same type has occurred during a period of licensure within the 5 years
preceding the board’s notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $2,000.00 per offense whichever is greater.
(d)
In the case of continuing violations, a separate fine shall be assessed
for each day the violation continues.
(e)
A single course of continuing conduct shall be treated as a single
violation for purposes of Sep 402.03 (c), (1), (2), and (3).
Source. #12654, eff 10-31-18
Sep 402.04 Procedures for Assessing and Collecting
Fines.
(a)
Payment of a fine shall be included among the options available for
settling disciplinary allegations, and shall be included among the types of
disciplinary sanctions imposed after notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a “notice of
apparent liability” describing the alleged offense, stating the amount of the
assessed fine, and notifying the alleged offender that he or she shall pay or
compromise the fine by a certain date or request that an administrative hearing
be held. If a hearing is requested, the
notice of apparent liability shall be withdrawn and a notice of hearing shall
be issued. In such hearings, the board’s
disciplinary options shall not be limited to the assessment of an
administrative fine.
(c)
Nonpayment of a fine by a licensee or respondent in contravention of an
order, agreement, or promise to pay, shall be a separate ground for discipline
by the board, a basis for denying a subsequent license and renewal application,
and a basis for judicial action seeking to collect the fine.
Source. #12654, eff 10-31-18
PART
Sep 403 CONTINUING EDUCATION
Sep 403.01 Renewal Requirements.
(a)
Continuing education hours shall be earned pursuant to RSA 310-A:212.
(b)
A renewal application shall not be accepted for filing unless the
licensee indicates on the renewal application, and under penalty of unsworn
falsification, that he or she has completed the minimum required hours of
approved continuing education hours required pursuant to
(c)
Each licensee shall obtain at least 6 continuing education hours of
approved continuing education courses during the biennial renewal period as a
condition of license renewal.
(d)
Continuing education courses taken
in the armed services, to be creditable, shall be of a character equivalent to
that which would have been gained in the civilian sector doing similar work.
Source. #12654, eff 10-31-18
Sep 403.02 Continuing Education Hour Requirements. Continuing education hours shall meet the
following criteria:
(a)
Continuing education activities shall be relevant to the practice of septic
system evaluations or no credit shall be awarded. Such continuing education
activities may include technical, ethical, or managerial content; and
(b)
Education may be earned in one of the following categories:
(1) Wetlands science;
(2) Safety, including dig safe;
(3) Ethics;
(4) Soil science;
(5) Septic components, design, and installation;
and
(6) Septic system evaluations.
Source. #12654, eff 10-31-18
Sep 403.03 Continuing Education Hour Credits. Continuing education hours shall be credited
as follows:
(a)
A maximum of 2 continuing education hours per renewal cycle shall apply to
activity on a state or national board of licensure;
(b)
Successful completion of college courses in one of the topics outlined in
Sep 403.02(b) shall count towards a maximum of 3 continuing education hours per
renewal cycle;
(c)
Credit shall be awarded for one hour of continuing education in course
work, seminars, or professional technical presentations made at meetings,
conventions, or conferences for each hour of attendance. Attendance at
qualifying programs presented at professional or technical society meetings
shall earn
continuing education hour units for the actual time of each program;
(d)
Teaching or instructing qualifying courses or seminars or making
presentations at technical meetings shall earn continuing education hours
credit at twice that of participants, up to 3 hours per renewal cycle. Teaching credit shall be valid for
teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty;
(e)
Continuing education credits shall not be recognized for any repeat
program attended or completed; and
(f)
Successful completion of all requirements necessary for initial licensure
by the New Hampshire department of environmental services shall count towards a
maximum of 3 continuing education hours in the renewal cycle during which such
licensure was obtained.
Source. #12654, eff 10-31-18
Sep 403.04 Record Keeping.
(a)
The responsibility of maintaining records to be used to support credits
claimed shall be the responsibility of the licensee.
(b)
Records shall contain at least the following documentation:
(1) A log showing the type of activity claimed,
sponsoring organization, location, instructor’s or speaker’s name, and
continuing education hour credits earned; and
(2) Attendance verification records in the form
of completion certificates or other documents supporting evidence of attendance
such as:
a. Signed attendance receipts;
b. Paid receipts; or
c. A copy of a listing of attendees signed by a person
sponsoring the course or program or the course/program provider.
(c)
The licensee shall retain attendance verification records for a period
of at least 4 years. Such documentation shall be made available to the board
for random audit and verification purposes. Documentation shall support
continuing education hours claimed. Failure to provide documentation for audit
verification shall result in disciplinary action.
(d)
Not less than 5% of the licensees shall be randomly selected by the
board for audit in each renewal cycle for compliance with Sep 403.01.
Source. #12654, eff 10-31-18
Sep 403.05 Exemptions.
(a)
A licensee shall be exempt from the continuing education requirements
for any of the following reasons:
(1) A licensee serving on temporary active duty
in the armed forces of the United States for a period of time exceeding 120
consecutive days in a year shall be exempt from obtaining the continuing
education hours required during that year; or
(2) Licensees experiencing disability, illness,
or other extenuating circumstances which would prevent the licensee from
completing the required continuing education hours shall apply in writing to
the board for a waiver pursuant to Sep 219.01.
(b)
Relevant supporting documentation shall be furnished to the board when
necessary for a fair and informed determination by the board.
Source. #12654, eff 10-31-18
Sep 403.06 Waiver of Continuing Education Deadline. A waiver of continuing education deadlines
shall be granted provided that a petition to that effect is filed at least 30
days before the expiration of the biennial renewal period in question or that
late filing is justified by a showing of good cause. Good cause shall include accident, illness,
or other circumstances beyond the control of the licensee. No waiver petition shall be granted which
does not propose a specific timetable for completing specific courses which
will meet the petitioner’s continuing education deficiency.
Source. #12654, eff 10-31-18
CHAPTER
Sep 500 ETHICAL STANDARDS
PART
Sep 501 ETHICAL STANDARDS AND
PROFESSIONAL CONDUCT
Sep 501.01 Purpose and Scope.
(a)
To establish and maintain a high standard of integrity, skills, and
practice in the practice of home inspection, the following rules of professional
conduct are adopted in accordance with
(b)
The rules shall be binding upon every person holding a license issued by
the board.
Source. #12654, eff 10-31-18
Sep 501.02 Obligation To Obey.
(a)
The professional standards set forth in this part shall bind all
licensees, and violation of any such standard shall result in disciplinary
sanctions. Conduct proscribed by these
ethical standards, when performed by a candidate for licensure as a home
inspector in this state, or during a prior period of licensure, shall result in
denying a license application.
(b)
All persons licensed under
Source. #12654, eff 10-31-18
Sep
501.03 Code of Ethics. The ethical standards binding licensees shall
be the code of ethics pursuant to RSA 310-A:205.
Source. #12654, eff 10-31-18
CHAPTER Sep 600
STANDARDS OF PRACTICE
PART Sep 601 PURPOSE AND
SCOPE
Sep 601.01 Purpose and Scope.
(a)
The purpose of this chapter is to:
(1) Establish minimum
standards of practice for conducting septic system evaluations; and
(2) Provide the
public with objective information regarding the condition of the systems and
components of the septic system as inspected at the time of the inspection.
(b)
This chapter shall apply to every person licensed by the board.
(c)
These standards of practice shall be applicable to onsite septic
systems, individual residential homes, and commercial properties.
Source. #12841, eff 7-30-19
PART Sep 602 DEFINITIONS
Sep
602.01 Definitions.
(a)
“Approved plans and specifications” means the approved plan, the
construction approval, the operational approval, and the maintenance pamphlet,
“You and Your Septic Systems”, published by the
department of environmental services.
(b)
“Bed” means the portion of an effluent disposal area that contains the
leach lines, exclusive of any fill extensions.
(c)
“Cesspool” means an underground pit into which is discharged raw or
partially- treated sewage or other essentially untreated wastes and from which
the liquid seeps or leaches into the surround soil. The term includes cesspit
and effluent disposal cesspool.
(d)
“Commercial” means any use that is not solely residential as defined in
Env-Wq 1002.59.
(e)
“Construction approval” means written approval for construction of a
proposed individual sewage disposal system.
(f)
“Conventional pipe and stone system” means an individual sewage disposal
system in which effluent is
dispersed through small-diameter pipe that is perforated only on the lower half
and that lies within a bed of septic stone.
(g)
“Deficiency” means the quality or state of being defective or of lacking
some necessary quality or element.
(h) “Department of environmental
services (DES)” means the New Hampshire department of environmental services,
located at 29 Hazen Drive, Concord, NH 03301.
(i) “Department staff” means an
employee or agent of DES who is authorized by the department to review and
discuss preliminary plans for subdivision or ISDS, or both, to advise on
modifications, and to approve plans for subdivisions or ISDS, or both, and
installations of ISDS for the department.
(j) “Design intent” means a statement
of actual bottom elevation of the bed in relation to an established reference
elevation on site, in accordance with Env-Wq
1003.06(a)–(g).
(k)
“Distribution box (D-Box)” means a box that is designed to insure equal
distribution of effluent to the leach line and the bottom of each outlet line
from the distribution box is the same height within the box.
(l)
“Domicile” means that place where an individual has his or her true,
fixed, and permanent home and principal establishment, and to which, whenever
he or she is absent, he or she has the intention of returning. An individual
might have more than one residence, but has only one domicile.
(m)
“Drainage swale” means a vegetated area where waters flow to such a
limited extent that neither channels nor wetlands vegetation develop.
(n)
“Dry well” means an effluent disposal area constructed as a covered,
underground pit with an open-jointed or perforated lining and surrounded with
septic stone, into which effluent is
discharged for final disposal into the surrounding soil.
(o)
“Effluent” means the liquid component of sewage after solids have
settled out.
(p)
“Effluent disposal area (EDA)” means an area designed for the final
disposal of effluent, including the bed and any required fill extensions, in
which effluent is dispersed using
leach lines or dry wells.
(q)
“Expansion” means an increase in the design flow, based on Env-Wq
1008.03, over the existing design flow for an existing structure or an increase
in the size of the footprint or ridgeline of an existing or former structure.
(r)
"Failure" means “failure” as
defined in RSA 485-A:2, IV, namely “the condition produced when a subsurface
sewage or waste disposal system does not properly contain or treat sewage or
causes the discharge of sewage on the ground surface or directly into surface
waters, or the effluent disposal area is located in the seasonal high groundwater table.”
(s)
“Fair” means a system is in middle age which might be ponded at the
bottom.
(t)
“Free of fines” means free of small particles such as silts or clay.
(u)
“Gallons per day (GPD)” means the standard measure of water or
wastewater flow in a 24-hour period.
(v)
“Good” means a system which shows little or no ponding in the EDA
bottom, in system types where the EDA bottom is observable.
(w)
“Gray water” means residential wastewater other than from a urinal or a toilet.
(x)
“Grease trap” means a tank or series of tanks into which wastewater that
contains grease is discharged, where grease floats to the water’s surface and
is retained while the water below is discharged.
(y)
“Holding tank” means a sealed tank with no outlet to a dry well or other
effluent disposal area and which stores septage or other wastes until the
wastes can be pumped out and hauled to an approved disposal site. A holding
tank is not an individual sewage disposal system as defined in Env-Wq 1002.36.
(z) “Increase the load on a sewage disposal
system,” as used in RSA 485-A:38, means:
(1) In an existing
residential building, adding bedrooms or converting existing rooms to additional bedrooms;
(2) Converting from
seasonal to full-time use or occupancy, as specified in Env-Wq 1004.23(b);
(3) Converting from
residential use only to residential plus commercial use or commercial use only; or
(4) Changing or
adding to an existing commercial use so as to increase the flow as calculated
using Env-Wq 1008.03.
(aa)
“Individual sewage disposal system (ISDS),” also known as the
septic system, means any wastewater disposal or treatment system, other than a
system regulated under Env-Wq 700, which receives sewage or other wastes, or
both, including septic tank leach field systems, privies or dry pit toilets,
and incinerator-type toilets such as gas-operated, electric, fossil- fueled or
any combination thereof. The term does not include “cesspool”.
(ab)
“Innovative/Alternative waste treatment”
means “innovative /alternative waste treatment” as defined in RSA
485-A:2, XXI. The term includes ISDS
that incorporate technology approved by DES pursuant to Env-Wq 1024.
(ac)
“Inspection” means an overview by DES or by DES’s designee of the
effluent disposal system to ensure that the installed system is in compliance
with the approved plans and specifications.
(ad)
“Installation” means to establish or construct an effluent disposal
system in a indicated place.
(ae)
“Invert” means the bottom of any structure, for example, the invert of a
pipe is the bottom of the pipe.
(af)
“Large disposal system” means an individual sewage disposal system which
is designed for a flow of more than 2,500 gallons of sewage per day.
(ag)
“Leach line” means the component of an individual sewage disposal
system, other than a dry well, which actually disperses effluent, such
as
a large- diameter graveless
pipe, a chamber, a small-diameter perforated pipe, or some other technology
approved pursuant to Env-Wq 1024.
(ah)
“Manufactured housing park (MHP)” means “manufactured housing park” as
defined in RSA 205-A:1,II, namely “any parcel of land under single or common
ownership or control which contains, or is designed, laid out or adapted to
accommodate 2 or more manufactured houses.” The term does not include premises
used solely for storage or display manufactured housing.
(ai)
“Operational approval” means written approval to cover and use or
operate the constructed ISDS, which is
issued only after inspection by DES staff under RSA 485-A:29, I.
(aj)
“Permitted designer” means an individual who holds a current
authorization under RSA 485-A:35, I, to design an ISDS.
(ak)
“Permitted installer” means an individual who holds a current
authorization under RSA 485-A:36, I, to install an ISDS.
(al)
“Poor” means a system that is nearing the end of its useful life under
the current load, but is not yet failing.
(am)
“Probing” means the digging into the EDA by means of hand tools such as
a metal probe, auger, soil spade, or similar tool.
(an)
“Recreational campground“ means a parcel of land on which 2 or more
campsites are occupied or are intended for temporary occupancy for recreational
dwelling purposes only, and not for permanent year-round residency. The term does not include recreation
camps as defined in RSA 485- A:23.
(ao)
“Septic tank” means a settling unit designed to remove substantially all
settleable solids.
(ap)
“Small disposal system” means an individual sewage disposal system,
which disposes up the and including 2500 gallons of sewage per day.
(aq)
“Standard dimension ratio (SDR)” means the ratio of pipe diameter to
pipe wall thickness.
(ar)
“Surface water of the state” means perennial and seasonal streams,
lakes, ponds and
tidal
waters within the jurisdiction of the state, including all streams, lakes, or
ponds bordering on the state, marshes, water courses, and other bodies of
water, natural or artificial.
(as)
“Trench” means an effluent disposal system in which the leach lines are
separated by a specific amount of soil constructed either of stone and pipe
or where other EDA components are used in trench configuration.
(at)
“Trench system” means an individual sewage disposal system in which the
leach lines are separated by a vertical barrier of soil.
(au)
“Watercourse” means a channel providing for the conveyance of water,
whether natural or artificial, which is scoured, indicating periods of
concentrated flow. The term does not
include drainage swales and areas of poorly drained soils as defined in Env-Wq
1002.51 in which no scour channel exists.
(av)
“Wetland” means “wetlands” as defined in RSA 482-A:2, X, namely, “an
area that is inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal conditions does
support, a prevalence of vegetation typically adapted for life in saturated
soil conditions.” The term include
swamps, marshes, bogs, and similar areas.
Source. #12841, eff 7-30-19
PART Sep 603 SEPTIC
SYSTEM EVALUATION REPORT REQUIREMENTS
Sep
603.01 Minimum Requirements for
Septic System Evaluation Reports.
Reports prepared by licensees pursuant to this chapter shall, at a
minimum contain the following information:
(a) The client’s name that is ordering the
report;
(b)
The
following information available off-site, provided by the owner or agent, if
available prior to inspection:
(1) Property location,
including street address, tax map number, and lot number;
(2) Owners’ name;
(3) Research tax card,
DES OneStop Data and Information, Online Searchable Database, and town files;
(4) Type of use,
whether residential or commercial;
(5) Current use or
vacant building;
(6) State approval
and plans;
(7) Year the building
was constructed;
(8) Year the septic
system was installed;
(9) Whether a garbage
disposal is present;
(10) Whether a hot
tub or a soaking tub is present;
(11) Any water system
conditioners backwashed into EDA;
(12) Identification
of basement bathrooms with injector pumps;
(13) Pumping records
if known; and
(14) Whether any
separated systems such as laundry or other disposal systems are present.
(c) The following information obtained from the on-site
evaluation: if the following information cannot be obtained or is pertinent the evaluator must
state why or be provided by the owner or agent:
(1) Date of
inspection;
(2) Whether the site differs
from existing plans and town or state information;
(3) Type of system
found;
(4) When digging,
what was found, and how many holes;
(5) Information
relative to root infiltration;
(6) The approximate
size of the system;
(7) Current weather
conditions;
(8) Information
relative to any innovative technology used;
(9) Whether the D-Box
was evaluated;
(10) Condition of the
system;
(11) Type of system;
(12) The following
information concerning the septic tank:
a. The estimated size and type;
b. Pumping schedule from owner;
c. Whether baffles are present and what type;
d. Whether the tank was pumped at time of inspection;
e. Liquid levels;
f. Scum and sludge depths;
g. Tank condition;
h. Tank accessibility;
and
i. Whether effluent filter is present;
(13) Whether there is
a pump station present and, if so:
a. Whether the pump is operational; and
b. Whether any alarms are present;
(14) Whether there is
a municipal or observable onsite well and, for onsite wells, the well radius, distance to well if known;
(15) Overall site
condition, as evidenced by photos,
sketches, or state approved septic
plan(s);
(16) A notation if no
field is located;
(17) Proprietary standards; and
(18) If access to
basement is available, check for gray matter effluent line;
(d) The evaluator’s license number;
(e) A report of those systems and components
that, in the professional opinion of the evaluator, are not functioning
properly, are damaged, or are unsafe;
(f) Any recommendations to correct, or monitor
for future correction, deficiencies reported
in Sep 603.01(b) or items needing further evaluation;
and
(g) An evaluator shall not make comments on the
life of the system.
Source. #12841, eff 7-30-19
PART Sep 604 ETHICAL STANDARDS AND STANDARDS OF CONDUCT
Sep
604.01 Standards of Conduct.
(a) Nothing in this chapter shall preclude septic
system evaluators from providing other
inspection services or including, as
part of their evaluation, systems and components in addition to those required
in Sep 603.01(a).
(b) Evaluators shall not exclude any systems or
components listed in Sep 603 from the evaluation if requested by the client and noted on the evaluation.
(c) Probing shall be required, unless the following conditions are present:
(1) When weather
conditions, such as frost and snow cover prevent the ability to probe;
(2) When the system
depth is so deep that conventional probing can’t take place without mechanical
machines; or
(3) When probing is
not required because other observations have made it unnecessary.
(d) The evaluator shall not have to determine
methods or materials necessary to correct
any deficiencies noted in the evaluation report.
(e) The evaluator shall not project the cost(s)
of repair(s) for any deficiency noted in the evaluation report.
(f) The evaluator shall not provide any
engineering or design services unless qualified pursuant to RSA 310-A:201, IV.
(g) The evaluator shall not be required to enter
any area if, in the opinion of the evaluator, entry into such area:
(1) Is likely to be
dangerous to the inspector or other persons;
or
(2) Will cause damage
to
the property, its systems, or components.
(h) If the system is in failure as per the
definition, the evaluator shall advise the client that he or she should contact
a designer.
(i)
Evaluations of proprietary systems shall be based on manufacturer standards.
Source. #12841, eff 7-30-19
CHAPTER Sep
700 BOARD APPROVAL OF PRE-LICENSING
EDUCATION AND FIELDWORK PROGRAMS
PART Sep 701 APPROVAL OF PRE-LICENSING EDUCATION AND
FIELDWORK
Sep 701.01 Basic Requirements for Approval. The board shall approve any individual or organizational provider of pre-licensing education and
fieldwork that meets the following minimum requirements:
(a)
Provision of at
least 6 hours of classroom study in accordance with Sep 701.02;
(b)
Provision of at
least 6 hours of field study in accordance with Sep 701.02; and
(c)
Administration of a
written or oral exam, with a minimum passing score of 80%.
Source. #13111, eff 9-24-20
Sep 701.02 Course Requirements. Approved pre-licensing classroom and
field-work providers shall require, as part of the programs expected outcomes,
that students:
(a)
Be able to address the physical and operational condition of the on-site
effluent disposal area and describe observed deficiencies;
(b)
Are familiar with septic tanks, including:
(1)
When pumping is not needed due to new or low flow conditions; and
(2)
Proper scum and sludge thicknesses;
(c)
Are familiar
with the different ways for a D-Box to distribute effluent;
(d)
Understand relevant
sections of Env-Wq 1000;
(e)
Are familiar with conventional pipe and stone systems, dry wells,
cesspools, concrete, fabric, plastic, and aerobic treatment units;
(f)
Can read plans
and locate the system;
(g)
Know where to
find information pertaining to systems being evaluated;
(h)
Are able to determine whether the EDA is in good, fair, or poor
condition, discuss the process of failure and the proper steps to address
suspected failure; and
(i)
Are familiar with the minimum reporting requirements outlined in Sep
603.
Source. #13111, eff 9-24-20
Sep 701.03 Approval Procedures. Any individual or organizational entity
seeking approval from the board to provide pre-licensing education and
fieldwork programs shall submit:
(a)
A “Septic System Evaluator Training Program Application”, effective
2/2019; and
(b)
A general outline of the education and fieldwork programs, including but
not limited to:
(1)
The total number of hours;
(2)
The expected course
outcomes;
(3)
Syllabus;
(4)
Materials;
(5)
Minimum
requirements of Sep. 603 and Sep.701.02;
(6)
Information and basic
knowledge on proprietary systems; and
(7)
Credentials of the
instructor(s).
Source. #13111, eff 9-24-20
APPENDIX
Rule |
Specific State Statute the Rule
Implements |
Sep 201.01 |
RSA 541-A:16, I(b) intro. |
Sep 202.01 |
RSA 541-A:16, I(b) intro.; RSA
541-A:7 |
Sep 202.02 |
RSA 541-A:16, I(b) intro.; RSA
541-A:7 |
Sep 203.01 |
RSA 541-A:7; RSA 541-A:16, I(b)
intro. |
Sep 203.02 |
RSA 541-A:7; RSA 541-A:16, I(b)
intro.; RSA 541-A:30, II; |
Sep 204.01 |
RSA 541-A:16, I(b)(2) |
Sep 204.02 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(k) |
Sep 204.03 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(j) |
Sep 205.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(f) |
Sep 206.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(a) |
Sep 206.02 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(a) |
Sep 206.03 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(a) |
Sep 207.01 |
RSA 541-A:16, I(b)(2) |
Sep 208.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:31, III |
Sep 208.02 |
RSA 541-A:16, I(b)(2); RSA
541-A:30, III |
Sep 208.03 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(b) |
Sep 208.04 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(c); RSA 541-A:31, V |
Sep 208.05 |
RSA 541-A:16, I(b)(2); RSA
541-A:31, VII and VII-a |
Sep 209.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(g); RSA 541-A:32 |
Sep 209.02 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(g); RSA 541-A:32 |
Sep 209.03 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(g) |
Sep 209.04 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(g) |
Sep 210.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(h) |
Sep 211.01 |
RSA 541-A:16, I(b)(2) |
Sep 211.02 |
RSA 541-A:16, I(b)(2) |
Sep 212.01 |
RSA 541-A:16, I(b)(2) |
Sep 212.02 |
RSA 541-A:16, I(b)(2) |
Sep 212.03 |
RSA 541-A:16, I(b)(2); RSA 541-A:30-a,
III(a) |
Sep 213.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(d) and (e) |
Sep 213.02 |
RSA 541-A:16, I(b)(2); RSA
541-A:32, I-IV |
Sep 213.03 |
RSA 541-A:16, I(b)(2); RSA
541-A:33 |
Sep 213.04 |
RSA 541-A:16, I(b)(2); RSA
541-A:34 |
Sep 213.05 |
RSA 541-A:16, I(b)(2) |
Sep 213.06 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, III(i) |
Sep 213.07 |
RSA 541-A:16, I(b)(2); RSA
541-A:35 |
Sep 213.08 |
RSA 541-A:16, I(b)(2) |
Sep 214.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:38 |
Sep 215.01 |
RSA 541-A:16, I(c); RSA 541-A:4 |
Sep 215.02 |
RSA 541-A:16, I(c); RSA 541-A:4 |
Sep 216.01 |
RSA 541-A:16, I(c); RSA 541-A:11,
I |
|
|
Sep 301.01 |
RSA 310-A:207, I (a), (e) |
Sep 301.02 |
RSA 310-A:207, I (a); RSA
310-A:211 |
Sep 301.03 |
RSA 310-A:207, I (e); RSA 310-A:208 |
Sep 301.04 |
RSA 310-A:207, I (e); RSA
310-A:208 |
Sep 302.01 |
RSA 310-A:207, I (b); RSA
310-A:210 |
Sep 302.02 |
RSA 310-A:207, I (a); RSA
541-A:16, I (b), intro. |
Sep 303.03 |
RSA 310-A:207, I (h) |
Sep 302.04 |
RSA 310-A:207, I (h) |
Sep 303.01 |
RSA 310-A:207, I (i), II |
Sep 303.02 |
RSA 310-A:207, I (b); RSA 310-A:210, II-IV |
Sep 304.01 |
RSA 310-A:207, I (a); RSA
310-A:214; |
Sep 305.01 |
RSA 310-A:207, I (j); RSA
310-A:213; |
Sep 305.02 |
RSA 310-A:207, I (j); RSA
310-A:213; RSA 541-A:16, I (b) intro. |
Sep 305.03 |
RSA 310-A:207, I (j); RSA
310-A:213; RSA 541-A:16, I (b) intro. |
|
|
Sep 401.01 |
RSA 310-A:207, I (d); RSA
310-A:215 |
Sep 401.02 |
RSA 310-A:207, I (d), (e); RSA
310-A:215 |
Sep 401.03 |
RSA 310-A:207, I (d) |
Sep 401.04 |
RSA 310-A:207, I (d); RSA
541-A:16, I (b), intro. |
Sep 401.05 |
RSA 310-A:207, I (d) |
Sep 401.06 |
RSA 310-A:207, I (d); RSA
541-A:16, I (b), intro. |
Sep 402.01 |
RSA 310-A:207, I (g); RSA
310-A:216 |
Sep 402.02 |
RSA 310-A:207, I (g); RSA
310-A:216 |
Sep 402.03 |
RSA 310-A:207, I (g), (k); RSA
310-A:216 |
Sep 402.04 |
RSA 310-A:207, I (g), (k); RSA
310-A:216 |
Sep 403.01 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.02 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.03 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.04 |
RSA 310-A:207, I (c), (d), (h);
RSA 310-A:212 |
Sep 403.05 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.06 |
RSA 310-A:207, I (d), (h); RSA
310-A:212; |
|
|
Sep 501.01 |
RSA 310-A:207, I (f); RSA
310-A:205 |
Sep 501.02 |
RSA 310-A:207, I (f); RSA
310-A:205 |
Sep 501.03 |
RSA 310-A:207, I (f); RSA
310-A:205 |
|
|
Sep 601.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
Sep 602.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
Sep 603.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
Sep 604.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
|
|
Sep
701.01 |
RSA
310-A:207, I(h); RSA 310-A:210, I(a) |
Sep
701.02 |
RSA
310-A:207, I(h); RSA 310-A:210, I(a) |
Sep
701.03 |
RSA
310-A:207, I(h); RSA 310-A:210, I(a) |