Current through Register No. 40, October 3, 2024
(a) Upon
receipt of information showing good cause, the department shall revoke a school
bus driver's certificate, after notice and the opportunity for an
administrative hearing.
(b) Good
cause shall include the following:
(1) Arrest,
conviction or indictment involving the commission of a crime in which the
driver used a motor vehicle to commit said crime;
(2) Arrest, conviction or indictment for
deviate behavior such as rape, deviate sexual relations or sexual
assault;
(3) Arrest, conviction or
indictment for an offense resulting in the corruption or delinquency of a minor
child;
(4) Arrest, conviction or
indictment for driving a motor vehicle under the influence of alcohol or
chemical substances, leaving the scene of a motor vehicle accident, reckless
driving, or driving to endanger;
(5) Arrest, conviction or indictment
involving the manufacture, illegal transportation, possession, sale or use of a
controlled drug;
(6) Arrest,
conviction or indictment of New Hampshire motor vehicle or criminal law or law
of any other jurisdiction, that has a direct bearing on the driver's fitness to
hold a school bus driver's certificate;
(7) Evidence that a driver license has been
suspended or revoked and has not been reinstated in this or in any other
jurisdiction;
(8) Involvement in a
motor vehicle accident that has a direct bearing on the driver's fitness to
drive;
(9) Evidence that the
applicant has refused a random drug screening from an employer or prospective
employer within the preceding 10 years or that the driver is an abuser of
alcohol, prescription drugs or chemical substances;
(10) Evidence that the driver is a danger to
him/herself or to a child being transported by the driver;
(11) Financial responsibility is required and
is not on file with the department, if applicable;
(12) Evidence that the driver has altered
his/her school bus driver's certificate;
(13) Evidence that the certificate holder
lent his/her school bus driver's certificate to any other person;
(14) Evidence that the driver has displayed,
represents or holds as his/her own a school bus driver's certificate not issued
by proper authority;
(15) Evidence
that the driver has displayed or holds any fictitious, facsimile or simulated
school bus driver's certificate;
(16) Evidence that the driver has
photographed, photostatted, duplicated or in any other manner reproduced a
school bus driver's certificate in such a way that it could be construed as a
valid school bus driver's certificate;
(17) Evidence that the driver has used a
false or fictitious name, age, address or put false information on any
application or form or document utilized to support the application for a
school bus driver's certificate;
(18) Evidence of any medical condition,
physical or mental, including but not limited to seizures, that would preclude
safe operation of a motor vehicle;
(19) Evidence that the driver has left a
pupil unattended on a school bus; or
(20) Any violation of these rules.
(c) Each driver whose school bus
driver's certificate is sought to be revoked pursuant to this section shall be
afforded notice and the opportunity for an administrative hearing.
(d) The scope of the hearing shall include
the following:
(1) Review of the evidence
submitted, pursuant to (a) and (b) above, which supports the revocation of a
school bus driver's certificate;
(2) Driver's age;
(3) Number of years of driving
experience;
(4) Type(s) of
conviction, moving or non-moving;
(5) Past history as it relates to current
convictions;
(6) Mitigating
circumstances;
(7) Evidence of any
alcohol related convictions or violations within the preceding 10
years;
(8) Evidence of a physical,
mental or emotional impairment that would preclude safe operation of a motor
vehicle;
(9) Evidence that the
person is on any medication that would preclude safe operation of a motor
vehicle; and
(10) Any other
evidence indicating the driver's fitness to safely drive a school
bus.
(e) Notwithstanding
(a) above, the director shall suspend a school bus driver's certificate
immediately, pursuant to
RSA
263:59, if he/she receives evidence that the
school bus driver:
(1) Is physically or
mentally an improper or incompetent person to drive;
(2) Is driving improperly so as to endanger
the public;
(3) Is appealing a
conviction of a violation of any provision of title XXI; or
(4) Has made a material false statement in
his/her application.
(f)
Any person whose school bus driver's certificate has been suspended pursuant to
(e) above, shall be entitled to an administrative hearing in accordance with
the provisions of Saf-C 200.
#4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by
#8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff
1-4-05
