Current through Register No. 40, October 3, 2024
(a) Any person who
is aggrieved by the notice of suspension of a license, registration, or permit
under these rules may request an administrative hearing within 30 days of
receipt of written notice of the action taken by letter addressed to the
executive director at 11 Hazen Drive, Concord, NH 03301, containing the
following information:
(1) The name of the
holder of the license, registration, or permit which has been suspended or
revoked;
(2) A concise description
of the reason or reasons why the period of suspension should be
altered;
(3) Whether the person
desires to have the arresting law enforcement officer present at the
hearing;
(4) Whether the person
desires the hearing to be conducted:
a. In
person at the headquarters office at 11 Hazen Drive in Concord; or
b. Based solely upon a review of the letter
requesting relief and the written statements of the arresting
officer;
(5) A current
residential address; and
(6) A
current telephone number and email address, if available.
(b) Persons who fail to file a letter
requesting a hearing within the 30-day time period shall be deemed to have
waived their right to a hearing unless upon petition the executive director
finds that the period to file should be extended as a result of:
(1) A showing that the person did not in fact
receive the notice of the suspension action and notice of right to request a
hearing sent pursuant to RSA 1803.01(c); or
(2) A showing of excusable neglect, resulting
from extended travel, a health problem, or other condition that resulted in the
person not receiving actual notice of the suspension action prior to the
expiration of the appeal period.
(c) When a person requests a hearing
following a conviction in a court:
(1) The
person shall be deemed guilty of the underlying violation;
(2) The facts as found by the court shall be
deemed to be established for the purposes of review; and
(3) The only issue for the executive director
to review is the length of time that a license, registration, or permit should
be suspended.
(d) No
action of suspension shall exceed the maximum time allowed under the statute
that permitted such an action to be taken.
(e) At the hearing, the executive director
shall consider the following factors in determining the length of time that a
license, registration or permit suspension shall be imposed:
(1) Whether the full term of the suspension
as imposed is necessary to protect the fish and wildlife resources of the
state;
(2) Whether a reduction in
the term of a suspension will provide fundamental fairness to the holder of the
license, registration, or permit, yet still serve to prevent a future
violation;
(3) The specific facts
and circumstances of the violation;
(4) Any conditions placed upon the defendant
by the convicting court, beyond the duty to pay a fine;
(5) The length of time between the date of
the violation and the entry of judgment by the court;
(6) Any recommendation of the investigating
officer as to whether the offense was committed knowingly or purposely;
and
(7) The licensee's history of
fish and game violations, and any sanctions that had previously been imposed
upon the licensee.
