Section Saf-C 1016.12 - False Statements in Official Proceedings(a) Where any licensee, testifying under oath or affirmation in any hearing conducted by the commissioner, makes a false statement, the licensee's driver license or driving privilege shall be suspended if such a statement is found to affect the course or outcome of the proceeding.(b) Upon receipt of information that any person has made a materially false statement in any proceeding, the commissioner shall issue an order, pursuant to RSA 263:59, of suspension of a licensee's driver license or driving privilege and if applicable, order the license to be delivered to the department. Upon written request, a licensee shall be granted a hearing within 15 days of filing his or her request.(c) The hearing shall be held before the commissioner or designee provided, however, that in no case shall the hearing be conducted before the person who presided at the proceeding during which the alleged false statement was made.(d) The scope of the hearing shall be limited to whether:(1) The respondent made a false statement;(2) The false statement which they made was not material;(3) The false statement which they made was the result of coercion by a person whom the respondent reasonably believed would cause them harm; or(4) The respondent reasonably believed the false statement to be true.(e) The commissioner shall continue the suspension of the driver license or driving privilege, or deny the pending application for a driver license, and as appropriate, rescind any administrative action which was substantially affected by the false statement, of any person found to have made a materially false statement which was not the result of factors contained in (d)(2), (3), or (4) above.(f) Where the license or driving privilege of any person is already under suspension, revocation, or has been denied, the license or driving privilege shall be suspended, revoked, or denied for an additional period of time.(g) Notwithstanding the above provisions, where any person has, in the course of the original hearing, retracted the false material statement before it could substantially affect the outcome of the proceeding, the person's driver license or driving privilege shall not be suspended, revoked, or denied.(h) Nothing contained in this rule shall prevent the department from seeking criminal prosecution under RSA 641, of any person making a false material statement in any official proceeding.N.H. Admin. Code § Saf-C 1016.12
#6337, eff 9/25/1996 (from Saf-C 203.13); ss by #8174, INTERIM, eff 9/25/2004, EXPIRES: 3/24/2005; ss by #8230-B, eff 12/17/2004; ss by #10395-B, eff 8/15/2013.Amended by Number 32, Filed August 10, 2023, Proposed by #13685, Effective 8/5/2023, Expires 8/5/2033 (formerly Saf-C 204.14) (see Revision Note at chapter heading for Saf-C 1000).