New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 200 - PROCEDURAL AND HEARINGS RULES
Part Saf-C 218 - HEARINGS TO CONTEST COMPLIANCE WITH REGISTRATION OF CRIMINAL OFFENDERS
Section Saf-C 218.01 - Suspension For Non-Compliance with Registration of Criminal Offenders

Universal Citation: NH Admin Rules Saf-C 218.01

Current through Register No. 40, October 3, 2024

(a) Upon receipt of a complaint from the director of state police or his/her designee of the failure by a sexual offender as defined in RSA 651-B:1, IV or an offender against children as defined in RSA 651-B:1, VI to comply with the registration requirements as defined in RSA 651-B:10 and/or RSA 651-B:11, and such failure to comply is greater than 30 days in duration, the department shall attempt to notify the offender in person, or by first class mail, return receipt requested sent to the offender's last known address, that the offender is in violation of the registration requirements. The notification shall inform the offender that his or her driving privileges shall be suspended if the offender fails to comply with the registration requirements within 15 days of the department's attempted notice of non-compliance.

(b) If the offender fails to request a hearing under paragraph (c) below or come into compliance within 15 days of the department's attempted notice of non-compliance, the director of motor vehicles shall suspend the offender's driver's license or resident or non-resident driving privileges.

(c) Any offender may within 10 days of the notification request a hearing before the commissioner. If such a request is received within 10 days of the notification, the commissioner shall promptly schedule and conduct a hearing pursuant to Saf-C 202.

(d) The bureau of hearings shall notify the individual to appear for a hearing in accordance with the provisions of Saf-C 203.02 and Saf-C 203.03.

(e) The scope of the hearing shall be limited to the following:

(1) The identity of the individual;

(2) Whether the individual has complied with RSA 651-B and Saf-C 5500; and

(3) Whether the individual was incarcerated or hospitalized during the period of noncompliance.

(f) If the commissioner determines the identity of the individual is an offender who is required to register pursuant to RSA 651-B and the individual was not incarcerated or hospitalized during the period of noncompliance, the offender's driving privileges shall be suspended.

#9724, eff 6-15-10

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