N.H. Admin. Code § Saf-C 3109.03

Current through Register No. 36, September 5, 2024

Section Saf-C 3109.03 - Non-Compliance

(a) Upon inspection, if an approved drivers' school fails to comply with the requirements of Saf-C 3109.02, notice shall be provided as follows:

(1) If the approved drivers' school has not previously failed to comply, the department of safety shall provide written notice, as follows:

a. The specific requirements of Saf-C 3109.02 that have not been met;

b. The approved drivers' school shall have 30 days to comply;

c. The approved drivers' school shall be re-inspected at the conclusion of the 30 day period; and

d. After re-inspection, no further action shall be taken if the approved drivers' school meets the requirements of Saf-C 3109.02; and

e. After re-inspection, if the approved drivers' school still does not meet the requirements of Saf-C 3109.02, the approved drivers' school shall be afforded an opportunity for a hearing, pursuant to (b) below; and

(2) If the approved drivers' school has previously failed to comply, the department of safety shall provide written notice of the specific requirements of Saf-C 3109.02 that have not been met and the approved drivers' school shall be afforded an opportunity for a hearing, pursuant to (b) below.

(b) The scope of the hearing shall be whether the approved drivers' school failed to have the required facilities or equipment pursuant to Saf-C 3109.02.

(c) If the hearings examiner finds that the approved drivers' school failed to have the required facilities or equipment pursuant to Saf-C 3109.02, he or she shall:

(1) Suspend the approved drivers' school license for at least 30 days, none of which shall be held in abeyance; and

(2) Require compliance with the requirements of Saf-C 3109.02 prior to reinstatement of the approved drivers' school license.

(d) The provisions of (a) above shall not apply if immediate action is necessary pursuant to RSA 541-A:30, III, to protect the health, safety or welfare of the public.

(e) If a hearings examiner suspends an approved drivers' school license and determines that the conduct that led to the suspension has a direct bearing on the owner or operator's fitness to instruct driver education, a hearing shall be scheduled to determine whether to suspend the driver education instructor certificate.

N.H. Admin. Code § Saf-C 3109.03

#9568, eff 10-17-09 (from Saf-C 3108.03 )

Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12509, Effective 4/5/2018, Expires 4/5/2028.