Section Saf-C 909.17 - Revocation of Waiver(a) The commissioner shall revoke a waiver for just cause after the driver is given notice and an opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.(b) For the purposes of (a) above, "just cause" shall include:(1) Evidence of deterioration of medical condition;(2) Evidence of a serious traffic violation, as set forth in Saf-C 902.06;(3) Evidence that the driver caused an accident;(4) Evidence that the driver is driving a motor vehicle not listed in the application;(5) Evidence that the driver is not able to operate the type of commercial vehicle without any obstruction caused by their physical deficiency; or(6) Evidence of a violation of any of the provisions of these rules.(c) The determination by the commissioner whether a waiver will be revoked shall be based upon the facts and circumstances of each case.(d) Notwithstanding (a) above, the commissioner shall revoke a waiver immediately, pursuant to RSA 263:59, if the commissioner receives evidence that the driver: (1) Is physically or mentally an improper or incompetent person to drive a commercial motor vehicle;(2) Is driving improperly or so as to endanger the public;(3) Is appealing a conviction of a serious traffic violation, as set forth in Saf-C 902.06; or(4) Made a material false misrepresentation in the application or renewal application of the medical waiver.(e) Any driver who has had their waiver revoked pursuant to (d) above, shall be entitled to a hearing. Any driver desiring a hearing shall present a written request for such to the bureau of hearings in the department. The bureau of hearings shall schedule the requested hearing no later than 15 days from receipt of the hearing request.N.H. Admin. Code § Saf-C 909.17
#8404, eff 8-2-05 (from Saf-C 908.13); ss by #10215, eff 10-25-12
Amended by Number 32, Filed August 10, 2023, Proposed by #13834, Effective 7/17/2023, Expires 7/17/2033.