N.H. Admin. Code § Saf-C 2804.09

Current through Register No. 44, October 31, 2024

Section Saf-C 2804.09 - Requirements for Review Pursuant to RSA 265-A:33

(a) Pursuant to RSA 265-A:33, the person whose license has been suspended or revoked or the law enforcement officer may petition the director for a review of the recommendation.

(b) The petition shall be filed within 10 calendar days of the hearings examiner's recommendation.

(c) No petition shall be accepted by the director unless it:

(1) Is on 8 1/2 x 11 inch white paper printed on one side;

(2) Is double spaced with one inch margins on the top, bottom, right and left of the page;

(3) Is in black image writing or type of at least 12 point font;

(4) Is no more than 2 pages in length;

(5) Specifically identifies the:

a. Error of law, including a citation to the relevant law or rule; and/or

b. Factual error, including a concise explanation of why the recommendation cannot be sustained by the facts presented at the hearing; and

(6) Includes certification that the law enforcement officer or the person whose license has been suspended or revoked, as appropriate, has been notified as specified by (e).

(d) A copy of the hearings examiner's recommendation shall be submitted with the petition. No other evidence shall be submitted.

(e) The petitioner shall notify the law enforcement officer or the person whose license has been suspended or revoked, as appropriate, via US postal service first class prepaid mail or hand delivery of the petition for review.

N.H. Admin. Code § Saf-C 2804.09

#5538, eff 1-1-93; ss by #6824, eff 7-28-98; ss by #7173, INTERIM, eff 1-1-00, EXPIRES: 5-1-00; ss by #7241, eff 5-1-00; ss and moved by #8782-A, eff 1-1-07 (formerly Saf-C 2804.081 )

Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10888, Effective 7/16/2015, Expires 7/16/2025.