Section Saf-C 211.02 - Municipalities(a) When any check in payment of a permit fee is returned to a municipality as uncollectible because of insufficient funds, the procedure set forth in this section shall be followed.(b) A written complaint shall be executed against the registrant by the designated municipal official. The complaint shall be filed on form DSMV 164.(c) The designated municipal official shall include the following on or with form DSMV 164: (1) The registrant's name and address;(2) The registration number, if available;(3) A copy of each of the municipal permit(s) issued;(4) The insufficient fund check which was tendered in payment therefore;(5) The date of the transaction;(6) A statement that there are insufficient funds for a check drawn to pay for the municipal permit;(7) A statement that a certified letter, return receipt requested, was mailed to the respondent more than 10 days prior to the date of the complaint; and(8) That the registrant has failed to make payment as of the date of the complaint.(d) The written complaint shall be filed with the financial responsibility administrator and sent to: Division of Motor Vehicles
Financial Responsibility
23 Hazen Drive
Concord, New Hampshire, 03305
(e) The financial responsibility administrator shall generate a suspension notice to take effect in 10 days from the date of the notice, which shall indicate that: (1) A hearing may be requested in writing and if such request is made it shall preclude suspension from taking effect; and(2) If a hearing is requested, the registrant shall have the burden of proving, by a preponderance of the evidence, that he has made restitution of the full amount of the returned check and has paid any protest fees assessed by the municipality to which the returned check was issued.(f) At the conclusion of a hearing, a hearings examiner shall continue suspension of the registration certificate and number plates of the registrant in any case in which it is found that the person had not made full restitution of the returned check, or paid any protest fees assessed by the municipality to which the returned check was issued.(g) Any suspension issued under this section shall remain in effect until the financial responsibility administrator receives written evidence which conclusively establishes that: (1) Restitution of the full amount of the returned check has been made to the municipality;(2) Payment of any protest fees has been made to the municipality; and(3) There are no other suspensions and or revocations in effect and further provided no additional penalties are applicable pursuant to RSA 263:12, RSA 263:64-a or RSA 265:4.N.H. Admin. Code § Saf-C 211.02
#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 210.02 ); 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.