N.H. Admin. Code § Saf-C 305.02 - Suspension of Licenses
(a) A person's motor fuel and aviation
distributor, biodiesel distributor, alternative fuel dealer, IFTA or motor fuel
and petroleum products transporter license shall be suspended if he or she:
(1) Files a report containing false data or
information;
(2) Fails, neglects,
or refuses to file any report required by the road toll law, IFTA, or these
rules;
(3) Fails to pay the full
amount of road tolls, penalties, interest, licensing, or any other required
fees; or
(4) Violates any provision
of Title XXI of the New Hampshire revised statutes annotated or any
corresponding administrative rule or any other applicable law, if:
a. The violation is contrary to the public
safety;
b. There is a pattern of
violations of the law and/or administrative rules; or
c. The commissioner reasonably believes that
suspension of the person's license will serve as a deterrent to future
violations.
(b) The commissioner or his/her designee
shall forward written notice of his/her intention to suspend a license to the
last address of the person appearing on file. The suspension notice shall be
sent by certified mail and shall state a time and place, at least 10 days after
the date of the notice, at which the person may appear and show cause why
his/her license should not be suspended.
(c) If the person fails to appear during the
time specified in the notice of hearing, the commissioner or his/her designee
shall suspend the person's license, unless the person demonstrates good cause
for failing to appear as described in
Saf-C
203.22(b).
(d) If the person appears for a hearing, the
hearing shall be held before a hearings examiner and can include
representatives of the administration.
(e) The scope of the hearing shall be limited
to the following issues:
(1) The status of
the person's account with the administration;
(2) The reason(s) the suspension action is
being initiated; and
(3) The
reason(s) the person believes that his/her license should not be
suspended.
(f) The
hearings examiner shall:
(1) Consider the
issues and information presented at the hearing along with information from the
records of the administration, as appropriate;
(2) After consideration, determine whether to
suspend the person's license; and
(3) Notify the person, in writing, of the
decision.
(g) Following
suspension of a license for any reason set forth in this section, a person
shall be required to pay all outstanding road tolls, penalties, interest and
fees prior to obtaining a new license or any privileges accorded to a
licensee.
(h) When a previously
suspended license has been restored, notice of the restoration shall be
forwarded to the holder of the restored license.
(i) If a license has been issued without
regard to the provisions of (h) above, or is issued in error, the commissioner
or his/her designee shall suspend the license, after notice and opportunity for
a hearing.
(j) The suspension of
any license issued by the administration and not otherwise provided for shall
be executed as prescribed in this section.
Notes
(See Revision Notes #1 and #2 at chapter heading for Saf-C 300) #10032, eff 11-22-11
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