New Hampshire Code of Administrative Rules
Pda - Pease Development Authority
Chapter Pda 600 - STATE-OWNED COMMERCIAL PIERS AND ASSOCIATED FACILITIES
Part Pda 605 - WAIT LISTS
Section Pda 605.03 - Wait List Procedures
Universal Citation: NH Admin Rules Pda 605.03
Current through Register No. 40, October 3, 2024
(a) For purposes of this section, "written notice" means notice sent by certified mail.
(b) The following procedures shall apply to the vessel storage wait list(s):
(1) The
division shall maintain separate vessel storage wait lists for summer storage
and winter storage for each storage area. Summer storage shall last from May 1
to October 31, and winter storage shall last from November 1 to April
30;
(2) When a vessel storage
location becomes available at a storage area, the division director or designee
shall send written notice to the first 5 persons on the wait list for that
storage area that a vessel storage location(s) might be available. Each person
contacted shall indicate their interest in entering into a storage agreement
with the division within 10 days of the receipt of written notice by the
division. If the number of storage location(s) available exceeds the number of
persons expressing an interest in a storage location, the division director or
designee shall send written notice to the next 5 persons in order of priority
on the wait list. For purposes of this paragraph, wait lists shall be divided
into groups of 5 according to placement on the wait list, and mailings shall be
sent out in groups of 5, or, if there are fewer than 5 persons in a group, to
each person in the group;
(3) The
division director or designee shall notify the person highest on the wait list
contacted under (2) above who expressed a timely interest in entering into a
storage agreement with the division. If that person does not enter into a
storage agreement with the division within 10 days following notification by
the division under this subparagraph, the division director or designee shall
follow the procedures in (2) above and send written notice to persons on the
wait list in order of priority; and
(4) Any person on a vessel storage wait list
offered an opportunity to enter into a storage agreement with the division, and
who does not enter into such an agreement within 10 days as provided in (3)
above, shall not be offered a second opportunity to enter into an agreement
with the division for 180 days from the date of expiration of the 10-day
period. Although the division director or designee shall not offer the wait
list applicant an opportunity to enter into a storage agreement during this
180-day period, the wait list applicant shall retain their position on the
applicable wait list. If a wait list applicant refuses a second opportunity to
enter into a storage agreement for the requested storage area, the wait list
applicant shall be removed from the wait list.
(c) The following procedures shall apply to the annual berthing permit wait list:
(1) When
a berthing location becomes available at the Portsmouth business-use pier, the
division director or designee shall send written notice to the first 5 persons
on the annual berthing permit wait list that a berthing location(s) might be
available. Each person contacted shall indicate their interest in obtaining an
annual berthing permit within 10 days of the receipt of written notice by the
division. If the number of berths available exceeds the number of persons
expressing an interest in a berthing permit, the division director or designee
shall send written notice to the next 5 persons in order of priority on the
wait list. For purposes of this paragraph, wait lists shall be divided into
groups of 5 according to placement on the wait list, and mailings shall be sent
out in groups of 5, or, if there are fewer than 5 persons in a group, to each
person in the group;
(2) The
division director or designee shall notify the person highest on the wait list
contacted under (1) above who expressed a timely interest in obtaining an
annual berthing permit that the person may file an annual berthing application
for the available berthing location. The person shall complete an initial
annual berthing permit application within 10 days of notification;
(3) The division director or designee shall
review and process the application in accordance with Pda 606 and Pda 607;
and
(4) Any person on an annual
berthing permit wait list offered an opportunity to apply for an annual
berthing permit pursuant to this section, and who refuses the opportunity,
shall not be offered a second opportunity to obtain a berthing permit for 180
days from the date of refusal. Although the division director or designee shall
not offer the berthing permit wait list applicant an opportunity to apply for a
berthing permit during this 180-day period, the berthing permit wait list
applicant shall retain their position on the berthing permit wait list. If a
berthing permit wait list applicant refuses a second opportunity to obtain a
berthing permit, the berthing permit wait list applicant shall be removed from
the wait list.
(d) A person's name on a vessel storage wait list or annual berthing permit wait list shall be removed from the list:
(1) When the
wait list applicant, in writing, requests the division to remove their name
from the list;
(2) When a vessel
storage wait list applicant enters into a storage agreement with the
division;
(3) When an annual
berthing permit wait list applicant is granted an annual berthing
permit;
(4) If the wait list
applicant fails to submit a completed wait list reapplication and wait list fee
or late fee in accordance with
Pda
605.04 on or before the deadline specified in
Pda
605.04; or
(5) If a vessel storage wait list or annual
berthing permit wait list applicant refuses 2 opportunities to obtain a vessel
storage or an annual berthing permit in accordance with (b)(4) or (c)(4)
above.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13
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