THE NEW HAMPSHIRE BOARD OF NATURAL SCIENTISTS

SOIL 100 & 200 ADOPTED 12/16/03

SOIL 300-500 VARIOUS SECTIONS ADOPTED 4/28/06, 12/5/07

THE NEW HAMPSHIRE CODE OF

ADMINISTRATIVE RULES

TABLE OF CONTENTS

CHAPTER Soil 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Soil 101 PURPOSE AND SCOPE

PART Soil 102 DEFINITIONS

Section Soil 102.01 Terms Used

PART Soil 103 BOARD ORGANIZATION

Section Soil 103.01 Duties and Responsibilities

Section Soil 103.02 Composition of the Board

Section Soil 103.03 The Chairperson and Vice Chairperson

Section Soil 103.04 Staff

Section Soil 103.05 Organization

Section Soil 103.06 Seal

Section Soil 103.07 Office Hours, Office Location, Mailing Address and Telephone.

PART Soil 104 PUBLIC INFORMATION

Section Soil 104.01 Record of Board Actions

Section Soil 104.02 Custodian of Records

Section Soil 104.03 Roster Distribution

PART Soil 105 MEETINGS, DELIBERATIONS AND DECISIONS

Section Soil 105.01 Meetings

Section Soil 105.02 Quorum

Section Soil 105.03 Board Meeting Procedures

Section Soil 105.04 Procedures

Section Soil 105.05 Tentative Decisions

PART Soil 106 APPOINTMENT OF COMMITTEES

Section Soil 106.01 Committees

CHAPTER SOIL 200 PRACTICE AND PROCEDURE

CHAPTER Soil 200 PRACTICE AND PROCEDURE

PART Soil 201 PURPOSE AND SCOPE

Section Soil 201.01 Purpose and Scope

PART Soil 202 DEFINITIONS

Section Soil 202.01 Purpose and Scope

PART Soil 203 PRESIDING OFFICER: WITHDRAWAL AND WAIVER OF RULES

Section Soil 203.01 Presiding Officer; Appointment; Authority

Section Soil 203.02 Withdrawal of Presiding Officer

Section Soil 203.03 Waiver or Suspension of Rules by Presiding Officer

PART Soil 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Section Soil 204.01 Date of Issuance or Filing

Section Soil 204.02 Format of Documents

Section Soil 204.03 Delivery of Documents

PART Soil 205 TIME PERIODS

Section Soil 205.01 Computation of Time

PART Soil 206 MOTIONS AND PLEADINGS

Section Soil 206.01 Motions; Objections

Section Soil 206.02 Pleadings

PART Soil 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING
CONFERENCES

Section Soil 207.01 Commencement of Hearing

Section Soil 207.02 Docket Numbers

Section Soil 207.03 Notice of Hearing

Section Soil 207.04 Appearances and Representation

Section Soil 207.05 Prehearing Conference

PART Soil 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Section Soil 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings

Section Soil 208.02 Role of complainants in Enforcement or Disciplinary Hearings

PART Soil 209 INTERVENTION

Section Soil 209.01 Intervention

PART Soil 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND
HEARING

Section Soil 210.01 Postponements

Section Soil 210.02 Failure to Attend Hearing

PART Soil 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Section Soil 211.01 Voluntary Production of Information

Section Soil 211.02 Motions to Compel Production of Information

Section Soil 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits

PART Soil 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Section Soil 212.01 Record of the Hearing

Section Soil 212.02 Standard and Burden of Proof

Section Soil 212.03 Testimony; Order of Proceeding

Section Soil 212.04 Evidence

Section Soil 212.05 Proposed Findings of Fact and Conclusions of Law

Section Soil 212.06 Closing the Record

Section Soil 212.07 Reopening the Record

Section Soil 212.08 Decisions

PART Soil 213 MOTION FOR REHEARING

Section Soil 213.01 Purpose

Section Soil 213.02 Applicability

Section Soil 213.03 Filing and Content of Motion

Section Soil 213.04 Standard for Granting Motion for Rehearing

Section Soil 213.05 Decision on Motion for Rehearing

PART Soil 214 RULEMAKING PUBLIC COMMENT HEARINGS

Section Soil 214.01 Purpose

Section Soil 214.02 Scope

Section Soil 214.03 Notice

Section Soil 214.04 Media Access

Section Soil 214.05 Moderator

Section Soil 214.06 Public Participation

PART Soil 215 PETITION FOR RULEMAKING

Section Soil 215.01 Petition for Rulemaking

Section Soil 215.02 Disposition of Petition

PART Soil 216 DECLARATORY RULINGS

Section Soil 216.01 Petitions

Section Soil 216.02 Action on Petitions

PART Soil 217 EXPLANATION AFTER ADOPTION

Section Soil 217.01 Explanation after Adoption

CHAPTER 300 CERTIFICATION REQUIREMENTS

PART Soil 301 FORM OF APPLICATION

Section Soil 301.01 Application Process

Section Soil 301.02 Application Forms

Section Soil 301.03 Fees

Section Soil 301.04 Application/Certification/Examination Fees

Section Soil 301.05 Replacement Fee

Section Soil 301.06 Information from References for Soil Scientist

Candidates

Section Soil 301.07 References Required for Wetland Scientist

Candidates

Section Soil 301.08 Additional References

PART Soil 302 QUALIFICATION OF APPLICANTS

Section Soil 302.01 Candidates Requirements

Section Soil 302.02 Experience Requirements

Section Soil 302.03 Additional Requirements

Section Soil 302.04 Experience Requirements

Section Soil 302.05 Additional Requirements

PART Soil 303 EXAMINATIONS

Section Soil 303.01 Examination Requirements for Soil Scientist Candidates

Section Soil 303.02 Examination Requirements for Wetland Scientist Candidates

Section Soil 303.03 Soil Scientist Examinations

Section Soil 303.04 Wetland Scientist Examinations

Section Soil 303.05 Re-Examinations

PART Soil 304 RECIROCITY (Deleted 12/16/03)

PART Soil 305 CREDENTIALS

Section Soil 305.01 Certificate

Section Soil 305.02 Certified Soil Scientist or Wetland Scientist Pocket Cards

Section Soil 305.03 Soil Scientist Seal

Section Soil 305.04 Wetland Scientist Seal

PART Soil 306 REJECTIONS

Section Soil 306.01 Denial of Application

CHAPTER SOIL 400 CONTINUED STATUS

PART Soil 401 EXPIRATION AND RENEWALS

Section Soil 401.01 Repealed 9/1/03, hold rule number in reserve.

Section Soil 401.02 Renewal Notices

                        Section Soil 401.03      Renewal of Certificate

                        Section Soil 401.04     Renewal Application

PART Soil 402 CONTINUING EDUCATION

Section Soil 402.01 Basic Requirement for Continuing Education

Section Soil 402.02 Requirements for New Certified Soil/Wetland Scientists

Section Soil 402.03 Proof of Attendance

Section Soil 402.04 Assigning CEU’s

Section Soil 402.05 CEU Credits

Section Soil 402.06 Continuing Education Requirements

Section Soil 402.07 Incomplete Applications or Denial of Renewal

Section Soil 402.08 Waiver of Continuing Education Deadline

CHAPTER SOIL 500 ETHICAL STANDARDS

PART Soil 501 RULES OF PROFESSIONAL CONDUCT

Section Soil 501.01 Purpose and Scope

Section Soil 501.02 Obligation to Obey

Section Soil 501.03 Standards of Conduct

PART Soil 502 VOLUNTARY CERTIFICATE SURRENDER

Section Soil 502.01 Procedure for Surrendering Certificate

Section Soil 502.02 Effect of Voluntary Certificate Surrender

Section Soil 502.03 Voluntary Surrender When Misconduct Allegations Are Pending

CHAPTER Soil 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Soil 101 PURPOSE AND SCOPE

Soil 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of natural scientists created by RSA 310-A:81. These provisions regulate but are not limited to the certification of soil and wetland scientists and the practice of soil and wetland science in the state of New Hampshire.

PART Soil 102 DEFINITIONS

Soil 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

(a) "Board" means the New Hampshire board of Natural Scientists created by RSA 310-A:81.

(b) " Executive director" means the board’s staff director, a person with delegated authority to perform administrative and clerical functions for the board.

(c) "Soil scientist" means, “soil scientist” as defined in RSA 310-A:76, II namely
"a person who, by reason of special knowledge of pedological principles acquired by professional education and practical experience, as specified by RSA 310-A:84, I and II, is qualified to identify, classify, and prepare soil maps according to the standards of the National Cooperative Soil Survey, or standards adopted by the New Hampshire department of environmental services, or standards adopted by the board, and who has been duly certified by the board."

(d) "Wetland scientist" means, “wetland scientist” as defined in RSA 310-A:76, II-a namely "a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and prepare wetland maps in accordance with standards for identification of wetlands adopted by the New Hampshire department of environmental services or the United States Army Corps of Engineers or its successor and who has been duly certified by the board."

PART Soil 103 BOARD ORGANIZATION

Soil 103.01 Duties and Responsibilities The board shall administer the provisions of RSA 310-A:75-97 which include but are not limited to fostering intelligent application of the knowledge of soil properties and wetland characteristics in planning and implementing land use decisions in this state.

Soil 103.02 Composition of the Board. Pursuant to RSA 310-A:81, I the board shall consist of 7 members who meet the eligibility requirements of RSA 310-A:81, I, II.

Soil 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside
at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

Soil 103.04 Staff. The board shall designate an executive director and such other staff members as are necessary to perform the record-keeping
and other statutory functions of the board and to oversee the board’s day-to-day operations.

Soil 103.05 Organization. In October of even years, the board shall meet and
organize and, by election from among its members, select a chairperson, vice-chairperson
and secretary.

Soil 103.06 Seal. The seal of the board shall be an embossed circular seal consisting of 2 concentric circles, the outer circle having a
diameter of 2 inches and an inner circle having a diameter of 1.7 inches. In the space between the two circles there shall be the words
“New Hampshire State Board of Certification for Natural Scientists”. The inside inner circle shall be a New Hampshire Scene depicting
mountains, lakes and forests.

Soil 103.07 Office Hours, Office Location, Mailing Address and Telephone.

(a) The board’s office shall be located at the New Hampshire Joint Board, 57 Regional Drive, Concord, N.H.
and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

(b) Correspondence shall be addressed to the board’s executive director at:

New Hampshire Joint Board
57 Regional Drive
Concord, N.H. 03301

PART Soil 104 PUBLIC INFORMATION

Soil 104.01 Record of Board Actions. Minutes shall be kept of board meetings and

of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or
RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within
144 hours from the close the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

Soil 104.02 Custodian of Records. Persons desiring copies of board records shall submit a request which
identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board
for the documents provided. If records are requested which contain both public and confidential information, the board shall delete the
confidential information and provide the remaining information.

Soil. 104.03 Roster Distribution Copies of a roster containing names, addresses, and
assigned numbers of certified soil and wetland scientists shall be furnished upon request. A fee
of $.20 per page shall be assessed for making photocopies of the roster.

PART Soil 105 MEETINGS, DELIBERATIONS AND DECISIONS

Soil 105.01 Meetings. Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the
chairperson or secretary. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date,
time, and subject of the meeting. Notice of meetings shall be posted at the board office and the state house.

Soil 105.02 Quorum. A quorum of the board shall consist of not less than 4 members and a majority vote by the members present
shall be necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or secretary, a quorum of the
board shall designate a pro tempore officer for the officer or officers absent.

Soil 105.03 Board Meeting Procedures. The board shall conduct its meetings in the following order:

(a) Call to order;

(b) Adjudicative proceedings/presentations by or discussions with the public;

(d) Reading of communications;

(e) Reading and consideration of applications;

(f) Unfinished business;

(g) New business; and

(h) Adjournment.

Soil 105.04 Procedures. Roberts Rules of Order, 9th edition dated 1990 shall govern the procedures of the board.

Soil 105.05 Tentative Decisions

(a) When necessary to conduct the board’s business in a timely and efficient manner, the board shall instruct its
staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board.
Such instructions shall be known as tentative decisions.

(b) Tentative decisions shall not be final actions, and shall not be binding upon the board. Changes in the form or
the substance of a tentative decision shall be made as often as necessary to produce a final document, which satisfactorily
sets forth the final result the board intends to reach. The board’s final decision shall be issued only when the necessary
majority has voted in favor of the final form of the proposed action, allowing time for printing or servicing the document in question.

PART Soil 106 APPOINTMENT OF COMMITTEES

Soil 106.01 Committees

(a) A committee shall consist of one or more of board members who have been directed by the board to
investigate and make recommendations on matters which could be handled by the full board.

(b) When expressly authorized by the board, the authority of a committee shall include:

(1) The retention of voluntary assistance from qualified non-board members; and

(2) The retention of paid advisors or consultants pursuant to RSA 332:G-3.

CHAPTER Soil 200 PRACTICE AND PROCEDURE

PART Soil 201 PURPOSE AND SCOPE

Soil 201.01 Purpose and Scope. The board shall conduct various proceedings for the purpose of acquiring
sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications
for certification and complaints filed against certificate holders and others in the practice of soil and wetland science. These rules are intended
to secure the just, efficient and accurate resolution of all board proceedings

PART Soil 202 DEFINITION

Soil 202.01 Purpose and Scope.

(a) “Appearance” means a written notification to the board that a party or a party’s representative intends to
actively participate in a hearing.

(b) “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be
followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

(c ) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in
favor of the party making the motion, including a statement of justification or reasons for the request.

(d) “Natural person” means a human being.

(e) “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or board named or admitted
as a party, or properly seeking and entitled as a right to be admitted as a party.” The term “party” includes all intervenors
in a proceeding, subject to any limitations established pursuant to RSA 541-A:33, III.

(f) “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character other than a board.”

(g) “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the board has
delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the board.”

(h) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more
probable than not to be true.

PART Soil 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

Soil 203.01 Presiding Officer; Appointment; Authority

(a) All hearings shall be conducted for the board by a natural person appointed or authorized to serve as a presiding officer.

(b) A presiding officer shall as necessary:

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution acceptable to all parties;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

(5) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

(6) Question any witness to develop a complete record;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing
and complete the record in a fair and timely manner.

Soil 203.02 Withdrawal of Presiding Officer.

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause withdraw
from any hearing.

(b) Good cause shall exist if a presiding officer or board official:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the
facts of a case;

(3) Personally believes that he or she cannot fairly judge the facts of a case; or

Soil 203.03 Waiver or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own
initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter
upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would
be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would
adherence to a particular rule or procedure.

PART Soil 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Soil 204.01 Date of Issuance or Filing.All documents governed by these rules shall be rebuttably presumed
to have been issued on the date noted on the document and to have been filed with the board on the actual date of
receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of
business.

Soil 204.02 Format of Documents

(a) All correspondence, pleadings, motions or other documents filed under these rules shall:

(1) Include the title and docket number of the proceeding, if known;

(2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

(3) Be signed by the party or proponent of the document, or, if the party appears by a representative,
by the representative; and

(4) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in
compliance with Soil 204.03.

(b) A party or representative's signature on a document filed with the board shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

Soil 204.03 Delivery of Documents

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed
by these rules shall be delivered by that party to all other parties to the proceeding.

(b) All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties
to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the
document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the
party or if represented to the party’s representative.

(d) When a party appears by a representative, delivery of a document to the party's representative at the address stated
on the appearance filed by the representative shall constitute delivery to the party.

PART Soil 205 TIME PERIODS

Soil 205.01 Computation of Time

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or legal holiday.

PART Soil 206 MOTIONS AND PLEADINGS

Soil 206.01 Motions; Objections.

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the
first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the
presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer
shall order the moving party to submit the motion in writing, with supporting information within 5 days of the order. Objections to
such motions shall be filed within 5 days of the filing of the motion.

(d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

Soil 206.02 Pleadings.

(a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be
considered pleadings.

(b) All petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts that caused the petitioner to request the board to act;

(4) The action that the petitioner wishes the board to take; and

(5) The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the
board to act.

(1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition;

(4) A statement addressing the authority identified by the petitioner;

(5) A concise response to each statement;

(6) The identification of any statutes, rules, orders, or other authority, not identified in the petition, having
a bearing upon the subject matter of the petition; and

(7) The action the board took.

(d) Replies shall be filed within 90 days from the date of the petition.

PART Soil 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Soil 207.01 Commencement of Hearing. A hearing shall be commenced by an order of the board giving notice
to the parties at least 30 days prior to the hearing as required by Soil 207.03.

Soil 207.02 Docket Numbers. A docket number shall be assigned to each matter to be heard which shall
appear on the notice of hearing and all subsequent orders or decisions of the board.

Soil 207.03 Notice of Hearing.

(a) A notice of a hearing issued by the board at least 30 days prior to the hearing and
shall contain the information required by RSA 541-A:31, III, namely:

(1) A statement of the time, place and nature of any hearing;

(2) A statement of the legal authority under which a hearing is to be held;

(3) A reference to the particular statutes and rules involved including this chapter;

(4) A short and plain statement of the issues presented;

(5) A statement that each party has the right to have an attorney represent them at their own expense; and

(6) A statement that each party has the right to have the board provide a certified shorthand court reporter
at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.

Soil 207.04 Appearances and Representation

(a) A party or the party’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney; and

(3) The party or representative's daytime address and telephone number.

Soil 207.05 Prehearing Conference. Any party may request, or the presiding officer shall schedule on his or her own initiative,
a pre-hearing conference in accordance with RSA 541-:31V to consider:

(a) Offers of settlement;

(b) Simplification of the issues;

(d) Limitations on the number of witnesses;

(e) Changes to standard procedures desired during the hearing by consent of the parties;

(f) Consolidation of examination of witnesses; and

(g) Any other matters which aid in the disposition of the proceeding.

PART Soil 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Soil 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as defined
in Soil 103.04 shall have no role in any enforcement or disciplinary hearing.

Soil 208.02 Role of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party or
intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of person who
becomes a party shall have no role in any enforcement or disciplinary hearing.

PART Soil 209 INTERVENTION

Soil 209.01 Intervention.

(a) A non-party may intervene in a matter pending before the board under the provisions of RSA 541-A:32,
by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected
by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

(b) If the presiding officer determines that such intervention would be in the interests of justice and would not
impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

(c) Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the
petition for intervention.

(d) Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

(1) The petitioner's interest in the subject matter of the hearing;

(2) Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene.

(e) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and
notified of the right to intervene in the proceeding.

(f) Once granted leave to intervene, an intervenor shall take the proceeding as he or she find it and no portion of the proceeding
shall be repeated because of the fact of intervention.

PART Soil 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Soil 210.01 Postponements.

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good
cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the
hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances
that demonstrate that a postponement would assist in resolving the case fairly.

(c) If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place
shall be stated on the record. If the later date, time and place are not known at the time of the hearing that is being postponed,
the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

Soil 210.02 Failure to Attend Hearing . If any party to whom notice has been given in accordance with Soil 207.03 fails to
attend a hearing, the presiding officer shall declare that party to be in default and either:

(a) Dismiss the case, if the party with the burden of proof fails to appear; or

(b) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

PART Soil 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Soil 211.01 Voluntary Production of Information.

(a) Each party shall attempt in good faith to completely and timely respond to requests for the voluntary production
of information or documents relevant to the hearing.

(b) When a dispute between parties arises concerning a request for the voluntary production of information
or documents, any party may file a motion to compel the production of the requested information under Soil 211.02.

Soil 211.02 Motions to Compel Production of Information

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information
requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing.

(b) The moving party’s motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(c) When a party has demonstrated that such requests for information are necessary for a full and fair presentation
of the evidence at the hearing, the presiding officer shall grant the motion.

Soil 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits At least 5 days before the hearing the
parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all
documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

PART Soil 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Soil 212.01 Record of the Hearing.

(a) The board shall record the hearing by tape recording or other method that will provide a verbatim record
except for a proceeding on emergency action shall be governed by RSA 541-A:30, III.

(b) If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared
and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

(c) At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall
be made by a certified shorthand court reporter provided by the board at the requesting party’s expense. A request for
a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

Soil 212.02 Standard and Burden of Proof The party asserting a proposition shall bear the burden of proving the
truth of the proposition by a preponderance of the evidence.

Soil 212.03 Testimony; Order of Proceeding

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role
in the proceeding. If the person is representing another person, the person being represented shall also be identified.

(b) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call;

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses
as the party may call.

Soil 212.04 Evidence

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by
the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

(c) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.

(d) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records
unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA
91-A:5 or applicable case law.

Soil 212.05 Proposed Findings of Fact and Conclusions of Law

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

(b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions
of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing
for the submission of proposed findings of fact and conclusions of law.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings
on the proposals.

Soil 212.06 Closing the Record

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record,
except as allowed by paragraphs (b) of this section and Soil 212.08.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified
evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines
that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record
open for the period of time necessary for the party to file the evidence and for cross examination on such evidence.

Soil 212.07 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on
the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and
non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony,
evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Soil 212.08 Decisions

(a) A board member shall not participate in making a decision unless he or she personally heard the testimony in
the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable
basis for evaluating the testimony.

(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials
of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision,
which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

(c) If a proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other
than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an
opportunity to file exceptions and present briefs and oral arguments to the board.

(d) A proposal for decision shall become a final decision upon its approval by the board.

(e) The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the
date of the decision on any appeal, unless the director of the division of records management and archives of the department of
state sets a different retention period pursuant to rules adopted under RSA 5:40.

PART Soil 213 MOTION FOR REHEARING

Soil 213.01 Purpose The rules in this part are intended to supplement any statutory provisions, including RSA 541,
that require or allow a person to request a rehearing of a decision of the board prior to appealing the decision.

Soil 213.02 Applicability. The rules in this part shall apply whenever any person has a right under applicable law to
request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

Soil 213.03 Filing and Content of Motion

(a) The motion for rehearing shall be filed within 30 days of the date of the board decision or order.

(b) A motion for rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2) Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to
jurisdiction, authority or observance of the law, an abuse of discretion, or arbitrary, unreasonable or capricious.

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

Soil 213.04 Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to appeal under
RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.

Soil 213.05 Decision on Motion for Rehearing. The board shall grant or deny a motion for rehearing, or suspend
the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

PART Soil 214 RULEMAKING PUBLIC COMMENT HEARINGS

Soil 214.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings
at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking.

Soil 214.02 Scope.

(a) These rules shall apply to all hearings required by state law to be conducted by the board at which public
comment shall be solicited, except that they shall not apply to adjudicative hearings.

(b) If any requirement set by these rules conflicts with an applicable statute such other authority shall control.

Soil 214.03 Notice.

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the
"Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

(b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

Soil 214.04 Media Access.

(a) Public comment hearings shall be open to the print and electronic media.

(b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limiting the number of media representatives when their presence is
disproportionate to the number of citizens present and shall cause citizens to be excluded;

(2) Limiting the placement of television cameras to certain locations in the hearing room; and

(3) Prohibiting interviews from being conducted within the hearing room during the hearing.

Soil 214.05 Moderator

(a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

(b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption as set out in Soil 214.04(b);

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker, as set out in Soil 214.06(b);

(6) Remove or have removed any person who disrupts the hearing;

(7) Adjourn the hearing; and

(8) Provide opportunity for the submission of written comments.

Soil 214.06 Public Participation.

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or
her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear
on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be
determined considering the number of people who wish to be heard, the time and the availability of the facility.

(b) The board, through the moderator, shall:

(1) Refuse to recognize a person who refuses to give his or her full name and address;

(2) When a group or organization wishes to comment, limit the group to no more than 3 spokespersons,
provided that the members who are present shall be allowed to enter their names and addresses into the
record as supporting the position by the group or organization;

(3) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4) Revoke recognition of a speaker who refuses to keep his or her comments relevant to the issue or
issues which are the subject of the hearing.

(c) Written comments may be submitted any time from the time notice has been published until the record has
been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

(d) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved
exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the
hearing, the hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to afford such persons the
opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Soil 215 PETITION FOR RULEMAKING

Soil 215.01 Petition for Rulemaking.

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending,
or repealing a rule by filing a written petition that contains:

(1) The text of the proposed rule or a statement of the particular results intended by the petitioner to
flow from the implementation of the proposed rule;

(2) An identification of the particular rule sought to be amended or repealed;

(3) Any data or argument the petitioner believes would be useful to the board in deciding whether to
commence a rulemaking proceeding; and

(4) Name, address, signature of petitioner and date signed.

Soil 215.02 Disposition of Petition.

(a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board
shall request additional data or argument from the petitioner or other interested persons to clarify the merits of the petition.

(b) The board shall grant the petition if the petition is consistent with statute and case law and will assist the
board with the regulation of the profession.

PART Soil 216 DECLARATORY RULINGS

Soil 216.01 Petitions.

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an
original and 5 copies of a petition pursuant to Soil 206.02 (b).

(b) A petition for declaratory ruling shall set forth the following information:

(1) The exact ruling being requested; and

(2) The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law.

Soil 216.02 Action on Petitions

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings
as the board shall direct after reviewing the petition and any replies received.

(b) Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Soil 206.02 (d).

PART Soil 217 EXPLANATION AFTER ADOPTION

Soil 217.01 Explanation after Adoption.

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 310-A:11,VII by submitting a request to the board.

(b) The request shall be considered at the next scheduled board meeting and the board shall issue a response
|within 45 days after consideration.

CHAPTER 300 CERTIFICATION REQUIREMENTS

PART Soil 301 APPLICATION REQUIREMENTS

Soil 301.01 Application Process.

(a) A person wishing to become certified as a soil or wetland scientist shall submit an application form provided
by the board containing the information specified in Soil 302.02, including the application fee specified in Soil 301.04.

(b) The board shall acknowledge receipt of an application within 60 days of receipt and shall notify the applicant
of any deficiencies in the application. Failure to remedy the deficiencies within 60 days shall result in dismissal of the application.
An application shall be considered on file with the board when all deficiencies are corrected.

(c) If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration
pursuant to Soil 213 on the deficiency issues identified by the board. Any such request shall be made in writing and received by the
board within 30 days of the receipt of the notification of denial.

(d) Applications about which there has been no communication by the applicant to the board for one year shall be destroyed.

Soil 301.02 Application Forms.

(a) Application forms shall be provided by the board at the request of the individual requesting to make application.

(b) The applicant for certification as a soil scientist or wetland scientist shall supply the following on the application:

(1) General information about the applicant, including his or her:

a. Name;

b. Written signature;

c. Residential address;

d. Present position;

e. Organization and title;

&nb

New Hampshire Joint Board 57 Regional Drive Concord, N.H. 03301

PART Soil 105 MEETINGS, DELIBERATIONS AND DECISIONS

CHAPTER Soil 200 PRACTICE AND PROCEDURE

PART Soil 214 RULEMAKING PUBLIC COMMENT HEARINGS

PART Soil 215 PETITION FOR RULEMAKING

New Hampshire Joint Board
57 Regional Drive
Concord, N.H. 03301