Section Saf-C 204.13 - Persons Hazardous to Public Safety(a) The commissioner, upon receipt of information that a person might be hazardous to public safety, shall issue an order requiring the person to appear and show cause why his/her driver's license or operating privilege should not be revoked or denied.(b) A person who shall be subject to such an order shall include, but is not limited to, one who: (1) Has been driving to endanger the public;(2) A law enforcement officer has reported for misconduct, abuse or misuse of the person's driving privileges;(3) Has been convicted 2 or more times of driving a motor vehicle while under the influence of intoxicating liquor or controlled drugs, or any combination thereof; or(4) Has an alcohol or drug problem that is not under control.(c) The commissioner shall presume that a person with an alcohol or drug problem that is not under control, is a person hazardous to the public safety.(d) Nothing contained herein shall prevent the department from conducting an investigation or requiring a driver examination, alcohol evaluation, a medical examination or any combination thereof of such person or requiring the filing of proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.05.(e) After notice and an opportunity for a hearing, a hearings examiner shall suspend, revoke, or deny the driver's license or driving privilege of any person whose past record of convictions, accident involvement or other serious misbehavior would make the person a hazard to him/herself or other highway users, or result in the person being declared a habitual violator.(f) Nothing contained in this section shall prevent the commissioner from suspending the license or driving privilege of a person prior to a hearing, whenever there is reason to believe that the person is operating in such a manner so as to constitute a present danger to the public or him/herself.(g) In the case of a person whose license has been suspended or revoked pursuant to RSA 263:56, I (d) by reason of physical or mental impairment, the suspension or revocation shall be for an indefinite period provided, however, the person may request a hearing once every year thereafter for the purpose of reviewing the original order. Such a request shall be in writing. The person shall be required to produce medical evidence clearly indicating his/her condition no longer renders him a hazard.(h) For the purposes of (g) above, the request for a hearing shall contain: (1) The individual's name, address and date of birth; and(2) A request for a hearing to be scheduled.N.H. Admin. Code § Saf-C 204.13
#6337, eff 9-25-96 (from Saf-C 203.12 ); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04
Amended by Volume XXXIII Number 37, Filed September 12, 2013, Proposed by #10395-B, Effective 8/15/2013, Expires 8/15/2023.