N.H. Code Admin. R. 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.


N.H. Code Admin. R. Saf-C 305.02

(See Revision Notes #1 and #2 at chapter heading for Saf-C 300) #10032, eff 11-22-11

Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10890, Effective 7/16/2015, Expires 7/16/2025. Amended by Volume XLI Number 19, Filed May 13, 2021, Proposed by #13186, Effective 4/7/2021, Expires 4/7/2031.

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