Section Saf-C 2804.01 - Request for Administrative Review or Hearing(a) Pursuant to RSA 265-A:31, I(a), any person whose driver license or driving privilege has been suspended may request in writing either an administrative review or hearing, but not both. Such a request shall not delay, postpone or otherwise interrupt the effective date of the suspension.(b) A request for an administrative review or hearing, pursuant to (a) above, shall be made by only one of the following methods: (1) By first class mail, postage pre-paid, to: Department of Safety
Bureau of Hearings
33 Hazen Drive
Concord, NH 03305
(2) By facsimile at (603) 271-6653; or(3) E-mail at safety-hearings@dos.nh.gov.(c) If the request is for an administrative review, the request may be accompanied by any statement or other evidence which the person wants the department to consider in determining whether sufficient cause exists to sustain the order of suspension.(d) Those grounds, which shall be limited to those set forth in RSA 265-A:31, II(a)-(f), upon which the person seeks to have the order of suspension rescinded, that are not raised in the request for an administrative review or hearing shall be deemed to have been waived.(e) If the request is for a hearing, the person shall indicate whether he or she desires to have the law enforcement officer present at the hearing. Failure to so indicate shall mean that the person has waived the right to have the law enforcement officer present.(f) The person shall mail a copy of the request for an administrative review or hearing to the law enforcement officer at the police department's address. Upon receipt of the copy of the request for an administrative review or hearing, the law enforcement officer may submit to the department any statements, reports or other evidence which he or she wants a hearings examiner to consider during the review or hearing.(g) If whether a test or tests was properly administered is one of the issues to be challenged at the hearing, the request for a hearing shall include a notice requiring the attendance of the person who conducted the test(s). In the instance of a blood or urine test, the attendance of the certifying scientist or criminalist at the hearing shall fulfill this requirement. Failure to include a notice shall be deemed a waiver to require such attendance at the hearing.(h) Requests that do not meet the conditions of Saf-C 2804.01(a), (d) or (f) shall be deemed to be incomplete and shall be returned to the person with an explanation. The department shall deny in writing any untimely requests.N.H. Admin. Code § Saf-C 2804.01
#5538, eff 1-1-93; amd by #5615, eff 4-20-93; amd by #5763, eff 12-23-93; ss by #6824, eff 7-28-98; ss by #8376, eff 6-20-05; ss by #8782-A, eff 1-1-07
Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10888, Effective 7/16/2015, Expires 7/16/2025.