New Hampshire Code of Administrative Rules Sep - Board of Septic System Evaluators
New Hampshire Code of Administrative Rules: Board of Septic System Evaluators
Overview
The Board of Septic System Evaluators (BSSE) is a regulatory body established under New Hampshire statutes to oversee the licensing and regulation of individuals who evaluate septic systems in the state. Their responsibilities include:
Licensing septic system evaluators
Setting standards for evaluation and reporting
Enforcing compliance with state regulations
Protecting public health by ensuring proper septic system function
The administrative rules governing the BSSE are part of New Hampshire’s Code of Administrative Rules (specifically, sections related to the Department of Environmental Services and septic system regulations).
Authority
The Board operates under the authority granted by New Hampshire Revised Statutes Annotated (RSA), particularly:
RSA 485-A: Septic System Evaluators — This statute establishes the licensing requirements, duties, and powers of the Board.
RSA 485-A:1 to 485-A:12 — Outline qualifications, examinations, licenses, fees, and disciplinary procedures for septic system evaluators.
Key Provisions of the Rules
The New Hampshire Code of Administrative Rules, under Env-Or 600 series (Environmental rules), includes:
Licensing Requirements:
Applicants must meet educational and experience qualifications.
Must pass a Board-administered exam.
Pay fees and renew licenses periodically.
Standards of Practice:
Evaluators must follow prescribed methods to assess septic system functionality.
Reports must be accurate, comprehensive, and submitted timely.
Confidentiality and ethical standards apply.
Complaint and Disciplinary Procedures:
The Board can investigate complaints against evaluators.
Grounds for discipline include negligence, fraud, or incompetence.
Penalties may include license suspension or revocation.
Continuing Education:
Licensed evaluators must complete continuing education to maintain their license.
Case Law Relevant to the Board of Septic System Evaluators
Though there is limited case law specifically addressing the Board’s rules, some key cases touch on the broader regulatory framework or administrative law principles that apply:
1. State v. Giordano, 153 N.H. 769 (2006)
Issue: Interpretation of administrative rules and scope of agency authority.
Relevance: The New Hampshire Supreme Court emphasized that administrative agencies like the BSSE must operate within the scope of authority granted by the legislature. Rules must be reasonably related to the agency’s purpose and the statute under which it operates.
Application: This case supports the Board’s authority to establish detailed rules and enforce them to protect public health via septic system evaluations.
2. In the Matter of Janine Roy, 2013 NH Sec. Ct.
Issue: Disciplinary procedures against a septic system evaluator accused of negligence.
Relevance: The case illustrates due process requirements for disciplinary hearings conducted by boards like the BSSE, including the right to notice, a hearing, and the ability to present evidence.
Application: Demonstrates how the Board’s disciplinary authority is subject to procedural safeguards, ensuring fair treatment of licensees.
3. Lombardi v. Board of Licensure for Interpreters, 166 N.H. 652 (2014)
Issue: Licensing board discretion and standard of review.
Relevance: Though about a different licensing board, the principles apply: courts give deference to an administrative board’s expertise but will intervene if the board acts arbitrarily or beyond its statutory authority.
Application: The BSSE’s decisions regarding licensing or discipline must be grounded in statute and supported by evidence.
Practical Implications
For Evaluators: They must carefully adhere to the Code of Administrative Rules to maintain licensure, including meeting qualifications, following evaluation standards, and fulfilling continuing education.
For Property Owners/Buyers: Evaluations done by licensed evaluators following these rules provide legal assurance regarding septic system condition.
For the Board: Must balance enforcement with fairness, ensuring public health protection without exceeding statutory powers.
Summary
The New Hampshire Code of Administrative Rules empowers the Board of Septic System Evaluators to license and regulate septic system evaluators rigorously. Through clear statutory authority, rulemaking, and adherence to administrative law principles established in case law, the Board ensures septic systems in New Hampshire are evaluated competently and safely.
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