N.H. Code Admin. R. 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.


N.H. Code Admin. R. Saf-C 305.04

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

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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