Section Saf-C 9406.01 - Disciplinary Action(a) If a tow business or tow operator is found to be in violation of RSA 106-B:26 et seq., these rules, or any other relevant laws and regulations, the colonel shall resolve the violation of the tow business or operator in one of the following ways: (4) Suspension from the tow list for a period not to exceed 120 days; or(5) Removal from the tow list for a period not to exceed 2 years.(b) In deciding whether to impose disciplinary action and in imposing the level or duration of disciplinary action against the business or operator, the colonel shall consider the factors in (c) below in order to ensure the integrity and efficiency of the tow list and the duties and responsibilities of those authorized to be on the tow list. (c) The colonel shall consider the following factors in determining the appropriate disciplinary action: (1) The seriousness of the offense or noncompliance;(2) Prior disciplinary record;(3) Willingness to cooperate with the division;(4) Evidence of deliberate noncompliance;(5) The potential or resulting harm to the motoring public; and(6) Any mitigating or extenuating circumstances.(b) Pursuant to RSA 106-B:31, XIV, prior to being removed from the tow list for disciplinary reasons, the division shall send written notice of intent describing the reasons, and notification that the tow business or tow operator may request a hearing, pursuant to Saf-C 9407.N.H. Admin. Code § Saf-C 9406.01
Derived from Number 6, Filed February 9, 2023, Proposed by #13550, EMERGENCY RULE, Effective 1/31/2023, Expires 7/30/2023.Amended by Number 23, Filed June 8, 2023, Proposed by #13653, Effective 5/26/2023, Expires 5/26/2033.