New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 1000 - DRIVER LICENSING
Part Saf-C 1016 - DRIVER LICENSE ACTIONS
Section Saf-C 1016.17 - Alcohol Program Completion Hearings

Universal Citation: NH Admin Rules Saf-C 1016.17

Current through Register No. 40, October 3, 2024

(a) Any person who attends an impaired driver care management program as required by RSA 265-A:42, is entitled to a hearing before the commissioner or designee who shall determine whether the service plan requirements are warranted and appropriate.

(b) Hearings may be requested by writing to the Department of Safety, Bureau of Hearings, 33 Hazen Drive, Concord, NH 03305; or by emailing safety-hearings@dos.nh.gov; or by facsimile at 603-271-6653.

(c) The bureau of hearings shall notify the person and the approved impaired driver care management program of the time, date, and location of the hearing.

(d) There shall be a rebuttable presumption that the impaired driver care management program's evaluation is correct if the impaired driver care management program complied with He-A 500.

(e) Prior to hearing, the person may obtain evidence to rebut the service plan requirements in (a), including:

(1) A second opinion from a state licensed alcohol and drug counselor as defined in He-A 501.01(x) that was performed in the 12 months preceding the hearing, at their own expense, a copy of which shall be given to the original approved alcohol program provider before the hearing;

(2) Any evidence showing that the approved alcohol program provider did not comply with He-A 500,; and

(3) Any other evidence that the person believes demonstrates that the service plan requirements are not warranted and appropriate.

(f) The scope of the hearing shall be limited to whether:

(1) The service plan requirements are reasonable and appropriate;

(2) Any changes to the service plan requirements are reasonable and appropriate;

(g) Following hearing, the examiner shall:

(1) Sustain the service plan requirements as being reasonable and appropriate; or

(2) Determine that the service plan requirements are not reasonable and appropriate and modify the service plan requirements.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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