N.H. Admin. Code § Saf-C 204.20

Current through Register No. 36, September 5, 2024

Section Saf-C 204.20 - Alcohol Program Completion Hearings

(a) Any person who attends an approved alcohol program as required by RSA 265-A:42, and is diagnosed during the final exit evaluation with substance abuse, alcohol abuse, or alcohol dependence may request a hearing within 20 calendar days if s/he does not agree with the diagnosis and/or further counseling requirements.

(b) Hearings may be requested by writing to the department of safety, bureau of hearings, 33 Hazen Drive, Concord, NH 03305 within 20 calendar days. Requests received after 20 days shall be denied.

(c) The bureau of hearings shall notify the person and the approved alcohol program provider of the time, date, and location of the hearing.

(d) There shall be a rebuttable presumption that the approved alcohol program provider's evaluation is correct if the approved alcohol program provider complied with He-A 500, He-A 700, or He-A 900, as appropriate.

(e) Prior to hearing, the person may obtain evidence to rebut the evaluation in (a), including:

(1) A second opinion from a state licensed alcohol and/or drug abuse counselor as specified in He-A 707.16 or He-A 907.15, at his/her own expense;

(2) Copies of the second evaluation shall be given to the original approved alcohol program provider before the hearing;

(3) Any evidence showing that the approved alcohol program provider did not comply with He-A 500, He-A 700, or He-A 900; and

(4) Any other evidence that the person believes demonstrates that the evaluation was incorrect.

(f) If an alcohol evaluation was not performed during the 12-months preceding the hearing, the person shall obtain a new evaluation from a state certified alcohol and/or drug abuse counselor before the hearing.

(g) The scope of the hearing shall be limited to whether:

(1) The person has successfully completed an approved alcohol program;

(2) The diagnosis is supported by the evidence and/or further counseling requirements are appropriate;

(3) The person has a medical or other condition that is not controlled and constitutes a hazard to public safety; and

(4) The person is eligible for license restoration.

(h) Following hearing, the examiner shall:

(1) Sustain the diagnosis and/or counseling requirements and order the person to complete counseling as specified by the approved alcohol program provider prior to restoration of his/her driving license or privilege; or

(2) In cases where the person does not challenge the diagnosis, but does challenge the counseling requirement, either:

a. Sustain the counseling as specified by the alcohol program provider; or

b. Modify the counseling including the following options, or any combination thereof:

1. Recognized alcohol or drug abuse self-help groups;

2. Outpatients with a state licensed alcohol and/or drug abuse counselor;

3. Residential treatment facilities; and/or

4. Counseling with a licensed psychologist who holds a certificate from the American Psychological Association for the treatment of alcohol and other psychoactive substance abuse disorders;

(i) If a person believes that he or she has completed the counseling requirements specified in the hearings examiner's decision issued under (i), above, he or she may request in writing that the hearings examiner review the file to determine whether the person has complied with the counseling requirements.

(j) Upon finding that the person complied with the hearings examiner's decision in (h), above, the hearings examiner shall issue a decision finding compliance with RSA 265-A:42, II.

(k) If the hearings examiner finds that a person has not complied with the hearings examiner's decision in (h), then the hearing examiner shall notify the person in writing that:

(1) He or she has an opportunity for a hearing to show how he or she has complied;

(2) Requests shall be made in writing and addressed to the department of safety, bureau of hearings, 33 Hazen Drive, Concord, NH 03305; and

(3) If no hearing is requested, the person shall not be eligible for restoration until such time as a hearing is requested and a hearings examiner finds compliance with a decision issued under (h), above.

(l) The scope of the hearing shall be limited to whether the person complied with the hearings examiner's decision under (h), above.

N.H. Admin. Code § Saf-C 204.20

#7349, eff 8-22-00; 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.