N.H. Admin. Code § Saf-C 5602.07

Current through Register No. 36, September 5, 2024
Section Saf-C 5602.07 - General Procedures for Requests by Authorized Users of MV Records Pursuant to RSA 260:14 , V (a)(1) - (7), (9) and (10)
(a) Requestors authorized to obtain motor vehicle record information shall complete form DSMV 505.
(b) Requests may be submitted by mail or in-person, unless the requestor has established an account with the Department. Upon availability, requests may be e-mailed to fr@dos.nh.gov .
(c) If an agent authorized by law is requesting information on behalf of an authorized user then s/he shall have on file at the department a certificate of authority or submit a certificate of authority with the request as specified in Saf-C 5603.
(d) For the purposes of RSA 260:14, V(a)(2):
(1) A request pursuant to RSA 260:14, V(a)(2) shall be made by a party of the civil or criminal proceeding or an attorney representing a party of the civil or criminal proceeding;
(2) For the purposes of (d)(1) above, the attorney shall submit a signed cover letter on the attorney's firm's letterhead. Where the attorney's name is not listed on the firm letterhead, the requesting attorney shall provide his or her bar identification number;
(3) Motor vehicle records shall not be released for pre-litigation discovery;
(4) If a request is being made for executing service of process, the requestor shall also provide the department with any of the following:
a.A prepared writ; or
b.A document from the court, postal office, sheriff department or service of processor that service of process could not be executed;
(5) If a request is being made for the purposes of a civil or criminal proceeding in a court of proper jurisdiction, the requestor shall provide on DSMV 505 the docket number of the case and the name of the court where the action lies;
(6) If a request is being made for the purposes of an administrative or arbitral proceeding, the requestor shall provide documentation from the agency or arbitral body of an upcoming hearing.
(e) For the purposes of RSA 260:14, V(a)(3), "similar institutiona" may include any entity that in the normal course of business provides loans to individuals or other entities.
(f) For the purposes of RSA 260:14, V(a)(5) and pursuant to RSA 260:14, VI(a) a towing company may not use an agent to obtain motor vehicle records under this provision.
(g) For the purposes of RSA 260:14, V(a)(6), the requestor shall set forth on DSMV 505 the stated purpose under RSA 260:14, V(a), the request is being made.
(h) For the purposes of RSA 260:14, V(a)(10), the requestor shall first provide written notice to the person who is the subject of the record being obtained.

N.H. Admin. Code § Saf-C 5602.07

#6403, EXEMPT, eff 1-1-97; rpld and ss by #7361, EXEMPT, eff 9-1-00; ss by #7621, EXEMPT, eff 1-1-02

Amended by Volume XLI Number 6, Filed February 11, 2021, Proposed by #13152, Effective 12/31/2020, Expires EXEMPT.