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.  #12840, eff 7-30-19

 

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.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

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.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

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.

 

Source.  #12840, eff 7-30-19

 

          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.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

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.  #12840, eff 7-30-19

 

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.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

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.

 

Source.  #12840, eff 7-30-19

 

          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.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

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.  #12840, eff 7-30-19

 

          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.

 

Source.  #12840, eff 7-30-19

 

          Sep 209.03  Role of Board Staff.  Unless called as witnesses, board staff shall have no role in any hearing.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

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.  #12840, eff 7-30-19

 

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.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

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.

 

Source.  #12840, eff 7-30-19

 

          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.

 

Source.  #12840, eff 7-30-19

 

          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.

 

Source.  #12840, eff 7-30-19

 

          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.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

          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.

 

Source.  #12840, eff 7-30-19

 

          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.  #12840, eff 7-30-19

 

          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 RSA 161-B:11, VI-a;

 

(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 RSA 310-A:210 before a license shall be granted. The board shall require documentation of the applicant’s education and work experience to help determine competency if the application is unclear, contradictory, or incomplete.

 

          (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 RSA 310-A:205;

 

          (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 RSA 310-A:205, which indicates the applicant cannot be relied upon to practice competently and honestly, or adhere to the ethical and professional standards required by Sep 500, Sep 600, and RSA 310-A:205;

 

          (e)  The applicant failed to meet the educational and experience requirements of Sep 302 and RSA 310-A:210;

 

          (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.  RSA 310-A; and

 

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 RSA 310-A:205 and Sep 500 – and Sep 600;

 

          (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 RSA 310-A:212;

 

          (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 RSA 310-A:205;

 

          (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 RSA 310-A:205 and Sep 500;

 

(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 RSA 310-A:205;

 

          (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 RSA 310-A when the board possesses evidence indicating that a violation has occurred.

 

          (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 RSA 310-A:212.

 

          (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 AND PROFESSIONAL CONDUCT

 

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 RSA 310-A.

 

          (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 RSA 310-A shall be considered to have knowledge of the existence of the code of ethics pursuant to RSA 310-A:205 and shall be deemed to be familiar with its provisions.  Such knowledge shall encompass the understanding that the practice of septic system evaluation is a privilege, as opposed to a right, and the licensee shall be forthright and candid in the licensee's statements or written response to the board or its representatives on matters pertaining to professional conduct.

 

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;
RSA 541-A:16, I (b) intro.

Sep 305.01

RSA 310-A:207, I (j); RSA 310-A:213;
RSA 541-A:16, I (b) intro.

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;
RSA 541-A:16, I (b), intro.

 

 

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)