Current through Register No. 40, October 3, 2024
(a) The
commissioner shall, after notice and opportunity for a hearing, suspend a
driver's license or driving privileges, or permit upon receipt of information
indicating that any person has:
(1)
Fraudulently altered a driver's license or permit;
(2) Lent his/her driver's license or permit
to another person;
(3) Displayed,
possessed or represented as his/her own a driver's license or permit not issued
to him/her by the proper authority;
(4) Displayed or possessed any fraudulently
altered, fictitious, facsimile, or simulated driver's license or
permit;
(5) Photographed,
photostatted, duplicated or in any manner reproduced a driver's license or
permit in such a manner that it could be mistaken for a valid driver's license
or permit;
(6) Used a false or
fictitious name, age or address, or other false information in any application,
submitted to the department relative to a driver's license or permit;
(7) Been found in possession of more than one
valid driver's license;
(8) Applied
for a temporary registration and/or plate contrary to
RSA
261:57 or
RSA
261:57-a; or
(9) Produced or otherwise provided fraudulent
documentation or evidence of compliance with an order(s) of the
department.
(b) The
commissioner shall, after notice and opportunity for a hearing, suspend a
non-driver's identification card if, pursuant to
RSA
260:21, IX, there is just cause to withdraw
the non-driver identification. Just cause shall include, offenses enumerated in
(a) and any other action which contributes to the improper receipt or display
of a non-driver's identification card, contrary to
RSA
260:21.
(c) Upon receipt of information indicating
that any person has committed an unsworn falsification, pursuant to
RSA
260:10, the department shall, after notice
and opportunity for a hearing, suspend any or a combination of the following:
(1) A driver's license or
privilege;
(2) A permit;
(3) A non-driver's identification card;
and
(4) A certificate of
registration.
(d) When
determining what privileges are to be suspended under (c) above, the hearings
examiner shall determine the severity of the offense after considering the
following:
(1) Which documents were obtained
by the individual;
(2) Whether the
individual falsified information given to the department; and
(3) Any other evidence relevant to a
violation of RSA
260:10.
(e) The privileges to be suspended shall
correlate positively with the severity of the offense as determined in (d)
above, and after considering any mitigating circumstances.
(f) For the purposes of (c) above, the
hearings examiner in making the determination what to suspend, shall not be
limited to the privilege, license, permit, card or certificate for which the
person was making application for when the person committed an unsworn
falsification.
(g) The commissioner
shall suspend the registration of any vehicle, after notice and opportunity for
a hearing, on receipt of written information indicating that any person to whom
said registration is issued has:
(1)
Fraudulently altered the registration certificate, validation sticker or
plates, or inspection sticker;
(2)
Lent his or her registration plates or validation stickers to another
person;
(3) Affixed or allowed any
other person to affix his or her registration plate(s) or validation stickers
to a vehicle other than that for which they were issued;
(4) Displayed any registration plate(s),
validation stickers or certificate(s) that were issued for a vehicle other than
that which he or she is driving;
(5) Displayed any fictitious, facsimile, or
simulated registration plate(s) or certificate(s);
(6) Used a false or fictitious name, date of
birth, address, vehicle identification number, or other false or fictitious
information in any application, official form, document or communication
submitted to the department relative to vehicle registration;
(7) Displayed on said vehicle any forged or
fraudulently altered inspection sticker, any facsimile or copy of any
inspection sticker, or any such sticker which was fraudulently issued or was
not issued by an official inspection station; or
(8) Applied for a temporary registration
and/or plate in violation of law.
(h) Notwithstanding any rule to the contrary,
the commissioner or director shall suspend a person's driver's license prior to
a hearing, pursuant to
RSA
263:59, if:
(1) The person admits to making a material
false statement in his or her application for a driver's license; or
(2) The department receives evidence that
indicates the person made a materially false statement in his or her
application for a driver's license.
#6337, eff 9-25-96 (from
Saf-C
203.14); ss by #8174, INTERIM, eff 9-25-04, EXPIRES:
3-24-05; ss by #8230-B, eff 12-17-04
