N.H. Admin. Code § Fis 207.06

Current through Register No. 45, November 7, 2024

Section Fis 207.06 - Order of Revocation or Suspension

(a) Upon conviction of an offense in Title XVIII for which there is a license revocation or suspension issued pursuant to RSA 214:19 and excluding motor vehicle licenses as they relate to RSA 215-A, a notification of the revocation or suspension shall be mailed by the department to the party as a confirmation of the revocation or suspension.

(b) The letter shall contain the following information:

(1) The date the notice was issued;

(2) The person's name;

(3) The person's address;

(4) The license suspended;

(5) The date the suspension becomes effective; and,

(6) A statement regarding the person's opportunity for an administrative hearing.

(c) A person whose license has been revoked or suspended pursuant to RSA 214:19 may request an administrative hearing. Such request shall not delay, postpone or otherwise interrupt the effective date of the suspension.

(d) Those grounds, upon which the person seeks to have the suspension rescinded, that are not raised in the request for an administrative hearing shall be deemed to have been waived.

(e) If the request is for a hearing, the person shall indicate whether he or she desires to have the arresting law enforcement officer present at the hearing. Failure to so indicate shall mean that the person does not desire to have the law enforcement officer present.

(f) Upon receipt of the copy of the request for an administrative hearing, the law enforcement officer may submit to the department any statements, reports or other evidence which he or she wants a hearings examiner to consider during the hearing.

(g) Requests that do not meet the conditions of Fis 204 or this part shall be deemed to be incomplete and shall be returned to the person with an explanation. Persons may resubmit the request as long as it is received by the department within the original 30 days from the date of service of the notice of suspension. The department shall deny in writing any untimely requests.

N.H. Admin. Code § Fis 207.06

#7382, eff 10-25-00, EXPIRED: 10-25-08

New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09

New. #9636-A, eff 1-12-10