N.H. Admin. Code § Saf-C 305.04 - Hearing for Denial of License Application
(a) Pursuant to
Saf-C
305.03, the commissioner or his/her designee, shall
forward written notice of his/her intention to deny an application for a
license to the last address of the applicant appearing on file. The 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 applicant may appear and show
cause why his/her application for a license should not be denied.
(b) If the applicant fails to appear during
the time specified in the notice, the commissioner or his/her designee shall
deny the application for a license, which shall be final, unless the applicant
demonstrates good cause for failing to appear as described in
Saf-C
203.22.
(c)
If the applicant appears for a hearing, the hearing shall be held before a
hearings examiner and can include representatives of the
administration.
(d) The scope of the
hearing shall be limited to the following issues:
(1) If the applicant's license was previously
suspended, whether the applicant has resolved all the conditions for which the
license was suspended;
(2) Whether
the application was filed by or on behalf of persons in good standing with the
administration;
(3) The names of
those persons in whose interest the application was filed; and
(4) The reason(s) the applicant believes
he/she is entitled to obtain a license.
(e) The hearings examiner shall review the
issues and information presented at the hearing, along with all information
from the records of the administration and any other evidence the hearings
examiner deems relevant such as but not limited to:
(1) Information from other states;
(2) Information from surety companies;
and
(3) Payments of
accounts.
(f) After
review and consideration, the hearings examiner shall order that the
application for a license be granted or denied.
Notes
(See Revision Notes #1 and #2 at chapter heading for Saf-C 300) #10032, eff 11-22-11
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