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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 310-A - OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION
Section 310-A:206 - Board of Septic System Evaluators.
Universal Citation: NH Rev Stat § 310-A:206 (2017)
310-A:206 Board of Septic System Evaluators. –
I. A board of septic system evaluators is established to administer the provisions of this subdivision. The board shall consist of 5 persons, as follows:
(a) One member shall be a sewage disposal system designer permitted under RSA 485-A:35, appointed by the governor and council. The system designer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(b) One member shall be a sewage disposal system installer permitted under RSA 485-A:36, appointed by the governor and council. The system installer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(c) One member shall be a septage hauler permitted under RSA 485-A:4, XVI-a, appointed by the governor and council. The septage hauler member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(d) One public member, appointed by the governor and council. The public member of the board shall be a person who is not, and never was, a septic system evaluator or the spouse of any such person, and who does not have, and never has had, a material financial interest in the provision of septic system design, installation, or evaluation services.
(e) An employee of the department of environmental services, appointed by the commissioner of the department of environmental services.
II. Initial septic system evaluator appointees to the board shall not be required to hold a current and valid New Hampshire septic system evaluator's license, but shall have been actively practicing septic system evaluations for a minimum of 3 years prior to appointment.
III. Each member of the board shall be a citizen of the United States and a resident of this state.
IV. No member of the board may be associated with the formal education for septic system evaluators, or be a provider or an employee of a provider for continuing education for any profession or trade certified under this subdivision.
V. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may be removed for cause by the governor and council under RSA 4:1.
VI. Members of the board shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.
VII. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. Three members shall constitute a quorum.
VIII. (a) The board shall keep a record of its proceedings and a register of all applications for licensure, which shall show:
(1) The name, age, and residence of each applicant.
(2) The date of application.
(3) The place of business of such applicant.
(4) The applicant's educational and other qualifications.
(5) Proof of passing the septic system evaluator exam.
(6) Whether the applicant was rejected and the reasons for such rejection.
(7) Whether a license was granted.
(8) The date of the action of the board.
(9) Such other information as may be deemed necessary by the board.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. Biennially, as of December 31, the board shall submit to the executive director of the office of professional licensing and certification a report of the transactions of the preceding biennium, and a complete statement of the receipts and expenditures of the board.
IX. The secretary of the board shall maintain and regularly update a roster listing the names and addresses of all septic system evaluators certified under this subdivision by the board on the board's website. The board may include in such roster any other information it deems appropriate.
X. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.
I. A board of septic system evaluators is established to administer the provisions of this subdivision. The board shall consist of 5 persons, as follows:
(a) One member shall be a sewage disposal system designer permitted under RSA 485-A:35, appointed by the governor and council. The system designer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(b) One member shall be a sewage disposal system installer permitted under RSA 485-A:36, appointed by the governor and council. The system installer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(c) One member shall be a septage hauler permitted under RSA 485-A:4, XVI-a, appointed by the governor and council. The septage hauler member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(d) One public member, appointed by the governor and council. The public member of the board shall be a person who is not, and never was, a septic system evaluator or the spouse of any such person, and who does not have, and never has had, a material financial interest in the provision of septic system design, installation, or evaluation services.
(e) An employee of the department of environmental services, appointed by the commissioner of the department of environmental services.
II. Initial septic system evaluator appointees to the board shall not be required to hold a current and valid New Hampshire septic system evaluator's license, but shall have been actively practicing septic system evaluations for a minimum of 3 years prior to appointment.
III. Each member of the board shall be a citizen of the United States and a resident of this state.
IV. No member of the board may be associated with the formal education for septic system evaluators, or be a provider or an employee of a provider for continuing education for any profession or trade certified under this subdivision.
V. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may be removed for cause by the governor and council under RSA 4:1.
VI. Members of the board shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.
VII. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. Three members shall constitute a quorum.
VIII. (a) The board shall keep a record of its proceedings and a register of all applications for licensure, which shall show:
(1) The name, age, and residence of each applicant.
(2) The date of application.
(3) The place of business of such applicant.
(4) The applicant's educational and other qualifications.
(5) Proof of passing the septic system evaluator exam.
(6) Whether the applicant was rejected and the reasons for such rejection.
(7) Whether a license was granted.
(8) The date of the action of the board.
(9) Such other information as may be deemed necessary by the board.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. Biennially, as of December 31, the board shall submit to the executive director of the office of professional licensing and certification a report of the transactions of the preceding biennium, and a complete statement of the receipts and expenditures of the board.
IX. The secretary of the board shall maintain and regularly update a roster listing the names and addresses of all septic system evaluators certified under this subdivision by the board on the board's website. The board may include in such roster any other information it deems appropriate.
X. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.
Source. 2016, 266:2, eff. Jan. 1, 2017.
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