Section Saf-C 6511.02 - Division's Review of Request for Removal(a) Upon receipt of a request for removal of a device, pursuant to Saf-C 6511.01, the division shall provide the user with a certificate of removal within 5 business days of the request if: (1) The expiration date of the ignition interlock order, as required by the court or department, including any extensions of time has elapsed;(2) The user does not qualify for an extension of the ignition interlock requirement pursuant to RSA 265-A:38-a;(3) The user does not have any court or administrative hearings pending regarding an allegation of having committed one or more ignition interlock device violations; and(4) The user does not have any alleged ignition interlock program violations for which a hearing has yet to be scheduled.(b) If a user is denied a certificate of removal because the department has determined that the user has committed an ignition interlock program violation, the user shall be notified of:(1) The reason for the denial; and(2) The user's right to a hearing, pursuant to Saf-C 203.(c) Pursuant to RSA 265-A:38-a, III, the device shall not be removed from the vehicle while such hearing is pending.(d) Pursuant to RSA 265-A:38-a, II, if the user has more than one interlock violation within the 120 days prior to the request for removal, the division shall order the user continue to have the device in any vehicle registered to or used by that person for an additional period of 120 days or until the user has been violation-free for such extended period, whichever is later.N.H. Admin. Code § Saf-C 6511.02
Derived from Volume XLII Number 41, Filed October 13, 2022, Proposed by #13448, Effective 9/20/2022, Expires 9/20/2032