Section Saf-C 305.05 - Statutory Lien Hearing(a) Pursuant to RSA 260:63, a person whose property or property rights are subject to a lien shall be entitled to a hearing, at which he/she can show cause why the lien should not be applied to his/her property or property rights. (b) In accordance with RSA 260:63, I(c), notice of the person's right to request a hearing shall be sent by certified mail to the person's residence or principal place of business, both of which shall be determined from the last information supplied by the person appearing on file at the administration. (c) The person shall file a request for a hearing within 14 days of receipt of the notice. If a hearing is requested, a hearing examiner shall notify the person of the time and place at which the hearing shall be held. (d) The hearing shall be held before a hearings examiner pursuant to RSA 260:44 and in accordance with the provisions of Saf-C 200. (e) The scope of the hearing shall be limited to the following: (1) The amount of road tolls, fees, and interest due the state of New Hampshire from the person; (2) The nature and location of the person's real or personal property; (3) Whether or not the person has filed a bond with the road toll administration and if so, the amount of the bond; and (4) The reason(s) the person believes the lien should not be applied to his/her property or property rights. (f) The hearings examiner shall review the issues and information presented at the hearing, along with all information from the records of the administration and any evidence presented by the person subject to the lien. After review and consideration, the hearings examiner shall determine the amount of road tolls or fees plus interest and cost due the state. If road tolls or fees are not satisfied, the administration shall file a notice of lien in accordance with RSA 260:63, II. A copy of the order shall be furnished to the person. (g) If the person fails to request a hearing within the time prescribed by RSA 260:63, I(c), or fails to appear for the hearing, the commissioner or his/her designee shall determine the amount of road tolls or fees plus interest and costs due the state. If road tolls or fees are not satisfied, the administration shall file a notice of lien in accordance with RSA 260:63, II. Under such circumstances, the decision shall be deemed final.N.H. Admin. Code § Saf-C 305.05
(See Revision Notes #1 and #2 at chapter heading for Saf-C 300) #10032, eff 11-22-11
Amended by Volume XLI Number 19, Filed May 13, 2021, Proposed by #13186, Effective 4/7/2021, Expires 4/7/2031.