Section Saf-C 2209.02 - Denial(a) The commissioner shall deny an application, if the applicant: (1) Makes a material misstatement in a license application or application for license renewal;(2) Has a felony conviction;(3) Has a record of a violent misdemeanor;(4) Has a record of a conviction involving theft, fraud, deceit, or misrepresentation; or(5) Committed any act which, if committed by a licensee, would be grounds for suspension, or revocation under this chapter or RSA 106-F.(b) For the purposes of (a)(1) above, incorrect information on the following subjects shall be considered material misstatement: (1) Whether the applicant has ever been arrested for a crime that has not yet been adjudicated, or convicted of a crime in this or any other state or nation that has not been pardoned or annulled by a court;(2) Whether the applicant has ever been treated for a mental illness or an emotional disorder or confined to an institution;(3) Whether the applicant has ever been a user of drugs or narcotics, excepting those under the direction of a health care practitioner;(4) Whether the applicant has ever applied for a license for a private investigator, security guard, or bail recovery agent whether as an individual or as an officer of a partnership or corporation requiring a license, which has been denied, revoked or suspended in New Hampshire or any other state, Canadian province or nation.(c) The commissioner shall consider the totality of the applicant's record, and whether the results of the background investigation casts doubt on the applicant's future good behavior, or on their character, integrity or competence to be licensed.(d) In making a determination in (c) above, the commissioner shall consider, but not be limited to the totality of the following factors: (1) Number and severity of criminal convictions;(2) Adverse information discovered in the background investigation, and a lack of mitigating information from the applicant to explain the information discovered;(3) A lack of disclosure of adverse information or incorrect information in applications for new or renewal licenses;(4) Adverse information disclosed by references that is corroborated by the background investigation; and(5) Adverse information disclosed by the law enforcement agency notified during the background investigation in Saf-C 2203.07(b).(e) Pursuant to RSA 106-F:7, IV, the commissioner shall notify an applicant of an application denial in writing, and the reasons for the denial. An applicant may request a hearing on the denial within 15 calendar days of receipt of the notice of denial. A request for a hearing shall be made by contacting: Bureau of Hearings
Department of Safety
33 Hazen Drive
Concord, NH 03305
(f) Not later than 30 days following receipt of a timely request for a hearing, the department shall hold a hearing on the denial. The applicant shall be notified of the time, date and place of the hearing in writing.(g) If an applicant has been arrested for a crime that would be grounds for denial of a license if convicted, and the case has not yet been adjudicated, the license request shall be denied, and the applicant will be eligible to reapply once the case has been adjudicated.N.H. Admin. Code § Saf-C 2209.02
Amended by Volume XXXVIII Number 19, Filed May 10, 2018, Proposed by #12513, Effective 4/12/2018, Expires4/12/2028.