New Hampshire Code of Administrative Rules
Fis - Executive Director, Fish and Game Department
Chapter Fis 1000 - CONSERVATION OF ENDANGERED AND THREATENED SPECIES
Part Fis 1005 - ADMINISTRATIVE REVIEW OF RECOMMENDATIONS
Section Fis 1005.02 - Adjudicative Proceeding
Universal Citation: NH Admin Rules Fis 1005.02
Current through Register No. 40, October 3, 2024
(a) Any adjudicative proceeding under this section shall be conducted, pursuant to Fis 200, by the executive director or by a presiding officer appointed to conduct the hearing.
(b) The executive director or presiding officer shall consider all claims of error offered by the claimant and shall only order a modification of any recommendation made upon a finding that the claimant has shown:
(1) A
mistake of fact on a significant finding that serves as the basis of a
recommendation;
(2) A mistake in
applying a federal, state, or local statute, rule, or regulation that serves as
the basis of a recommendation; or
(3) Identification of one or more
conservation measures that could serve to provide an adequate level of
protection for threatened and endangered species in the action area that differ
from those recommended by department review staff.
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