N.H. Admin. Code § Saf-C 305.07 - Hearing for Returned Checks

(a) "Signatory" as used in this section shall include the person issuing the check, or any other person who has obtained any license, registration, permit, or the payment of any road toll, penalty, or interest by the issuance thereof.

(b) When any check in payment for any license, registration, or permit, issued by the administration, or of any toll, fee, penalty, or interest assessed under the provisions of the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300, is returned as uncorrectable, the check shall not be redeposited.

(c) Upon return of said check, the administrator shall forward an advisory letter to the signatory which shall contain:

(1) Notification that the check has been returned and the reason;

(2) Notification that the check cannot be redeposited;

(3) A request for restitution of the full amount of the check in addition to the penalty authorized by RSA 6:11-a, and any additional penalty and interest assessed by the road toll law or these rules;

(4) Notification that payment shall be by certified check, money order, or cash;

(5) Notification that when payment is sent by mail, the preferred medium of exchange shall be by certified check or money order;

(6) Notification that payment shall be sent to:

Department of Safety

Road Toll Bureau

33 Hazen Drive

Concord, New Hampshire 03305

(7) Notification that unless payment is received, or a hearing is requested within 10 working days from the date of the notice, action shall be initiated to:

a. Suspend any license, registration, permit, or any combination thereof which was obtained by issuance of the returned check;

b. Suspend any license, registration, permit, or any combination thereof, where the returned check was used in payment for any toll, penalty, or interest for which the signatory was liable by virtue of holding said license, registration, or permit;

c. Suspend the vehicle registration of any New Hampshire registered vehicle which has been issued a license, registration, or permit which may be suspended under a. or b. above; or

d. Suspend the privilege to drive any vehicle within the State of New Hampshire where the vehicle is registered in a foreign state, is leased, owned, or driven by the signatory of the returned check, and has been issued any license, registration, or permit which may be suspended under a. or b. above.

(d) If restitution of the full amount of the returned check, together with payment of any penalty and interest assessed under the provisions of the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300 is not received within the time specified by Saf-C 305.07(c)(7), or a hearing is not requested, the administrator shall generate a suspension notice to take effect in 10 days from the date of the notice.

(e) In any case involving action to cancel a distributor's license, the order issued by the road toll administrator shall be sent by certified mail.

(f) A hearing may be requested in writing. Such a request shall preclude the suspension from taking effect.

(g) The person requesting the hearing shall have the burden of proving by a preponderance of the evidence that:

(1) The person is not indebted to the road toll bureau; or

(2) The person has made full restitution of the returned check, and has paid any interest or penalty assessed by the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300.

(h) At the conclusion of a hearing, a hearings examiner shall cancel any of the items enumerated in Saf-C 305.07(c)(7)a. or b., or any combination thereof, and shall suspend any vehicle registration or privilege to drive as specified in Saf-C 305.07(c)(7)c. or d., respectively, in any case in which it is found that:

(1) The signatory is indebted to the road toll bureau as a result of the returned check; and

(2) The signatory has not paid to the road toll bureau the full amount of the returned check and any penalty or interest assessed by the road toll law, RSA 260, RSA 6:11-a, or Saf-C 300.

(i) Where a distributor's license is suspended under any provision of this section, the administrator shall notify the distributor of the suspension by registered mail.

(j) Except for driving privileges suspended pursuant to Saf-C 305.07(c)(7)d., any item cancelled or suspended under these rules shall be returned to the department immediately following the effective date of the cancellation or suspension, and notice of this requirement shall be included in any suspension order issued.

(k) Any item canceled or suspended under this rule shall be restored upon receipt of restitution of the full amount of the returned check together with any interest or penalty owed to the department, and restoration shall not become effective until notice is given by the department.

(l) Notwithstanding (k), restoration shall not take place if the item is under suspension or revocation for other reasons.

Notes

N.H. Admin. Code § Saf-C 305.07

Derived From Volume XXXVIII Number 19, Filed May 10, 2018, Proposed by #12520, Effective 4/25/2018, Expires 4/25/2028. Amended by Volume XLI Number 19, Filed May 13, 2021, Proposed by #13186, Effective 4/7/2021, Expires 4/7/2031.