N.H. Admin. Code § Saf-C 5005.01

Current through Register No. 36, September 5, 2024

Section Saf-C 5005.01 - Denial

(a) The issuance or renewal of any license or certificate of competency, as set forth in Saf-C 5003.04 and Saf-C 5004.04, shall be denied by the commissioner for the following:

(1) Failure to comply with the licensing requirements as set forth in Saf-C 5003 or Saf-C 5004;

(2) Noncompliance with any lawful order of the commissioner relative to explosives, pursuant to RSA 158:9-e, IV and RSA 158:9-f, II;

(3) The applicant is under indictment for, or has been convicted of, a crime punishable by imprisonment for a term exceeding one year, which involved acts of violence, fraud, or dishonesty such as, but not limited to, murder, assault, terrorism, extortion, and embezzlement;

(4) The applicant is a fugitive from justice;

(5) The applicant is an unlawful user of narcotics or controlled drugs, or is addicted to alcohol, narcotics, or controlled drugs;

(6) The applicant advocates, or knowingly belongs to any organization or group that advocates violent overthrow of or violent action against any federal, state, or local government;

(7) The applicant is under the age specified in RSA 160-B;

(8) The applicant suffers from a mental or physical defect that would interfere with the applicant's safe use of explosives;

(9) Violation by the applicant of any provision of RSA 158, RSA 160-B, or of any rule adopted thereunder; and

(10) The licensee or holder of a certificate of competency gave false information or made any misrepresentation in order to obtain such a license or certificate.

(b) Any person who has been denied a license or certificate of competency may request, in writing, a hearing within 10 days of the date of such denial. The commissioner shall extend the 10 day time limit for good cause.

(c) Good cause shall include, but not be limited to:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member; or

(5) Any other exigent circumstance beyond the control of the person.

N.H. Admin. Code § Saf-C 5005.01

(See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

New. #8261, eff 1-21-05; ss by #9765-A, eff 8-2-10

Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12124, Effective 3/6/2018, Expires 3/6/2027.