Section Fis 1803.02 - Request for a Hearing(a) Any person who is aggrieved by the notice of suspension of a license, registration, or permit under these rules may request an administrative hearing within 30 days of receipt of written notice of the action taken by letter addressed to the executive director at 11 Hazen Drive, Concord, NH 03301, containing the following information: (1) The name of the holder of the license, registration, or permit which has been suspended or revoked;(2) A concise description of the reason or reasons why the period of suspension should be altered;(3) Whether the person desires to have the arresting law enforcement officer present at the hearing;(4) Whether the person desires the hearing to be conducted:a. In person at the headquarters office at 11 Hazen Drive in Concord; orb. Based solely upon a review of the letter requesting relief and the written statements of the arresting officer;(5) A current residential address; and(6) A current telephone number and email address, if available.(b) Persons who fail to file a letter requesting a hearing within the 30-day time period shall be deemed to have waived their right to a hearing unless upon petition the executive director finds that the period to file should be extended as a result of: (1) A showing that the person did not in fact receive the notice of the suspension action and notice of right to request a hearing sent pursuant to RSA 1803.01(c); or(2) A showing of excusable neglect, resulting from extended travel, a health problem, or other condition that resulted in the person not receiving actual notice of the suspension action prior to the expiration of the appeal period.(c) When a person requests a hearing following a conviction in a court: (1) The person shall be deemed guilty of the underlying violation;(2) The facts as found by the court shall be deemed to be established for the purposes of review; and(3) The only issue for the executive director to review is the length of time that a license, registration, or permit should be suspended.(d) No action of suspension shall exceed the maximum time allowed under the statute that permitted such an action to be taken.(e) At the hearing, the executive director shall consider the following factors in determining the length of time that a license, registration or permit suspension shall be imposed: (1) Whether the full term of the suspension as imposed is necessary to protect the fish and wildlife resources of the state;(2) Whether a reduction in the term of a suspension will provide fundamental fairness to the holder of the license, registration, or permit, yet still serve to prevent a future violation;(3) The specific facts and circumstances of the violation;(4) Any conditions placed upon the defendant by the convicting court, beyond the duty to pay a fine;(5) The length of time between the date of the violation and the entry of judgment by the court;(6) Any recommendation of the investigating officer as to whether the offense was committed knowingly or purposely; and(7) The licensee's history of fish and game violations, and any sanctions that had previously been imposed upon the licensee.N.H. Admin. Code § Fis 1803.02
Adopted by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12562, Effective 6/28/2018, Expires 6/28/2028.