RSA 310-A:206 · Board of Septic System Evaluators

310-A:206 Board of Septic System Evaluators. –

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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:

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(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.

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(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.

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(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.

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(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.

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(e)

An employee of the department of environmental services, appointed by the commissioner of the department of environmental services.

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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.

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III.

Each member of the board shall be a citizen of the United States and a resident of this state.

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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.

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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.

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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.

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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. A majority of the members appointed by the governor and council shall constitute a quorum.

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VIII.

(a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.

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(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.

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IX.

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. 2021, 197:155, eff. July 1, 2021.

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