N.H. Admin. Code § Saf-C 211.01

Current through Register No. 44, October 31, 2024

Section Saf-C 211.01 - Business Office

When any check in payment of a license, vehicle registration, title, permit or fee is returned to the department's business office as uncollectible:

(a) The check shall not be redeposited; and

(b) The business office shall forward an advisory letter to the signatory which contains:

(1) Notification that the check has been returned and the reason;

(2) Notification that the check cannot be redeposited;

(3) A request for restitution of the full amount of the check in addition to the penalty authorized by RSA 6:11-a;

(4) Notification that if the license is suspended for more than 15 days, the statutory restoration fee, in addition to restitution of the full amount of the check and penalty, shall be paid before the license shall be restored;

(5) Notification that if the license has been under suspension for more than 15 days, payment of the statutory restoration fee shall be included in addition to restitution for the full amount of the check and payment of the penalty;

(6) Notification that payment shall be made by certified check, money order, or cash;

(7) The notification shall also state that if payment is sent by mail, it shall be by certified check or money order;

(8) Notification that payment shall be payable to State of New Hampshire - MV, and sent to:

Department of Safety

Business Office

James H. Hayes Building

23 Hazen Drive

Concord, N.H. 03305

(9) Notification that unless payment is received within 20 working days from the date of the letter, or a hearing is requested, action shall be initiated to suspend any license, vehicle registration, title, permit, or any combination thereof, which has been obtained by the signatory or any other person by issuance of the returned check, together with the driving privileges of said person where appropriate.

(c) The department shall accept a second personal check in satisfaction of the uncollectible check amount plus any penalties if the business office determines that:

(1) The individual's record indicates that there is no more than one returned check in the previous 12 month period in any transaction with the department;

(2) It would be inefficient and impractical to refuse the second personal check because the individual has mistakenly presented or mailed a second personal check; or

(3) The individual's bank indicates that the account that the second personal check is drawn on has sufficient funds to satisfy the amount of the check.

(d) A hearing may be requested in writing, and if received prior to the effective date of suspension, it shall preclude the suspension from taking effect.

(e) The person requesting the hearing, pursuant to (d) above, shall have the burden of proving by a preponderance of the evidence that the person:

(1) Is not indebted to the department; or

(2) Has paid to the department the full amount of the returned check, the penalty authorized by RSA 6:11-a, and any applicable statutory restoration fee.

(f) At the conclusion of a hearing, a hearings examiner shall suspend any license, vehicle registration, title, permit or any combination thereof which was obtained by issuance of the returned check in any case in which it is found that the signatory of the returned check or any other person who obtained any of the foregoing items by the issuance thereof:

(1) Is indebted to the department as a result of the returned check; and

(2) Has not paid to the department the full amount of the returned check, the penalty authorized by RSA 6:11-a, and any applicable statutory restoration fee.

(g) All licenses, vehicle registrations, plates and decals, titles and permits suspended under this rule shall be returned to the department immediately following the effective date of suspension. Notice of this requirement shall be included in any suspension order issued.

(h) Any item suspended under this rule shall be restored upon receipt of restitution of the full amount of the returned check, together with any penalty owed to the department, provided there are no other suspensions and or revocations in effect, and further provided no additional penalties are applicable pursuant to RSA 263:12, 263:64-a, and or 265:4.

(i) Restoration shall not become effective until notice is given by the financial responsibility administrator and is received by the person against whom the suspension was issued.

N.H. Admin. Code § Saf-C 211.01

#4207, eff 1-16-87; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 210.01 ); 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.