Section Saf-C 3121.02 - Revocation or Suspension of CDL Driver Education Instructor Certificate(a) Upon receipt of information showing good cause, the department of safety shall revoke or suspend a CDL driver education instructor certificate, after notice and the opportunity for an administrative hearing.(b) Good cause shall include the following:(1) Conviction, or unadjudicated arrest or indictment, involving the commission of a crime in which the driver used a motor vehicle to commit said crime;(2) Conviction, or unadjudicated arrest or indictment, for criminal sexual behavior such as rape, deviate sexual relations or sexual assault;(3) Conviction, or unadjudicated arrest or indictment, for an offense resulting in the corruption or delinquency of a minor child;(4) Conviction, or unadjudicated arrest or indictment, for driving a motor vehicle under the influence of alcohol or controlled drugs, leaving the scene of a motor vehicle accident, reckless driving, or driving to endanger;(5) Conviction, or unadjudicated arrest or indictment, involving the manufacture, illegal transportation, possession, sale, or use of a controlled drug;(6) Conviction, or unadjudicated arrest or indictment, of New Hampshire motor vehicle or criminal law or law of any other jurisdiction, that has a direct bearing on the instructor's ability to instruct driver education both in the classroom and on the road;(7) A determination that a driver's license has been suspended or revoked and has not been reinstated in this or in any other jurisdiction;(8) Involvement in a motor vehicle accident that has a direct bearing on the instructor's fitness to drive or instruct driver education;(9) Evidence that the driver education instructor is an abuser of alcohol, prescription drugs, or controlled substances;(10) A determination by the driver education supervisor that the driver education instructor is a danger to him/herself or to a child being taught by the instructor;(11) Financial responsibility is not on file with the department, if applicable;(12) Evidence that the driver education instructor has used a false or fictitious name, age, address, or put any false information on any application or form or document required by or evidencing compliance with these rules;(13) Evidence of any medical condition, physical or mental, including but not limited to seizures, that would preclude safe operation of a motor vehicle; (14) Evidence that the driver education instructor has violated any of these rules or jeopardized the health, safety, or well-being of any student;(15) Evidence of noncompliance with 49 CFR 380; and(16) Evidence of conduct as set forth in RSA 263:51V, I-I.(c) Each instructor whose driver education instructor certificate is sought to be revoked or suspended pursuant to these rules shall be afforded notice and the opportunity for an administrative hearing.(d) Each person requesting a hearing shall present a written request to: Bureau of Hearings
33 Hazen Drive
Concord, NH 03305
(e) All administrative hearings shall be conducted in accordance with the provisions of Saf-C 200.(f) The scope of the hearing shall include the following:(1) Review of the evidence submitted, pursuant to (a) and (b) above, that supports the revocation or suspension of a driver education instructor certificate;(3) Number of years of driving experience;(4) Type(s) of conviction, moving or non-moving;(5) Past history as it relates to current convictions;(6) Mitigating circumstances;(7) Evidence of any alcohol related convictions or violations within the preceding 10 years;(8) Evidence of a physical, mental or emotional impairment that would preclude safe operation of a motor vehicle;(9) Evidence that the person is on any medication that would preclude safe operation of a motor vehicle; and(10) Any other evidence indicating the driver education instructor's fitness to safely drive a motor vehicle or instruct driver education to pupils, both in the classroom and on the road.(g) The division shall notify the applicant's employer of any decision from the bureau of hearings.(h) Notwithstanding (a) above, the director shall revoke a driver education instructor certificate immediately, pursuant to RSA 263:59, if he/she receives evidence that the driver education instructor:(1) Is physically or mentally an improper or incompetent person to drive;(2) Is driving improperly so as to endanger the public; or(3) Has made a material false statement in his/her application.(i) Any person whose driver education instructor certificate has been revoked pursuant to (h) above, shall be entitled to an administrative hearing in accordance with the provisions of Saf-C 200.N.H. Admin. Code § Saf-C 3121.02
Derived from Volume XLI Number 10, Filed March 11, 2021, Proposed by #13171, Effective 2/22/2021, Expires 2/22/2031.