Section Saf-C 1808.05 - RSA 265-A:25, Commercial Driver License Hearing(a) "Timely receipt", for the purposes of this section, means the report is initially received by the department within 30 days of the alleged refusal.(b) Upon timely receipt of the report required by RSA 265-A:25, IV, the financial responsibility administrator or a hearings examiner shall review the document to ensure the basic elements required by law have been met.(c) Provided the report conforms to statute, the department shall forward a notice of action to the person advising him or her of the department's intention to revoke the commercial driver license or privileges for a minimum of one year, or a lifetime revocation, effective 10 days subsequent to the issuance of the notice. However, should the person already be under suspension/revocation or committed the alleged infraction without a commercial driver license, this sanction shall be effective immediately.(d) For the purposes of determining a one year minimum or lifetime revocation, the following shall apply: (1) If a person has no prior refusals or test results under this section subsequent to September 20, 2002, the commercial driver license or operating privileges shall be revoked for a minimum of one year; and(2) If a person has a prior refusal or test results under this section subsequent to September 20, 2002, the commercial driver license or operating privilege shall be revoked for life, with an opportunity for a review after 10 years.(e) If the report indicates test results of .04 blood alcohol content (bac) to less than .08 bac, or the driver refused the test, only the commercial driver license or privileges shall be affected. If there are no other suspensions/revocations in effect, the person shall be immediately eligible for a noncommercial operator's driver license, pursuant to RSA 263:42, I.(f) The person may request a hearing pursuant to RSA 265-A:25 by submitting a written request to the bureau of hearings and submitted and received by the bureau within 30 days from the date of notice. Such a request shall not delay, postpone, or otherwise interrupt the revocation.(g) The law enforcement officer, who forwarded the report required by RSA 265-A:25, IV, shall be notified of the date, time, and location of the hearing and shall be required to appear and produce relevant evidence.(h) If a report indicates test results of .04 blood alcohol content (bac) to less than .08 bac, or the driver refused the test, the scope of the hearing shall be as specified in RSA 265-A:31, except that the provisions of RSA 265-A:25, IV shall be substituted for RSA 265-A:31, II(d).(i) If a report indicates test results greater than (h), above, or if the report indicates that the driver was under age 21 at the time of the offense and the test results were greater than .04 bac, the scope of the hearing shall be as specified in RSA 265-A:31.(j) If the suspension is upheld in (i), above, the penalty shall be imposed as follows: (1) The driver license shall be suspended as specified in RSA 265-A:30, II(a) and (b); and(2) The commercial driver license shall be suspended as specified in RSA 263:94.(k) The hearings examiner's order shall be forwarded to the person concerned, or his or her legal counsel, within 15 calendar days after conclusion of the hearing.N.H. Admin. Code § Saf-C 1808.05
Derived from Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12608, Effective 8/22/2018, Expires 8/22/2028; renumbered by #13442 (formerly Saf-C 1808.04).