New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 2800 - ADMINISTRATIVE LICENSE SUSPENSION
Part Saf-C 2804 - ADMINISTRATIVE REVIEW AND HEARINGS
Section Saf-C 2804.03 - Failure to Appear at Hearing

Universal Citation: NH Admin Rules Saf-C 2804.03

Current through Register No. 40, October 3, 2024

(a) Pursuant to RSA 265-A:31, I(c), if the person requesting the hearing fails to appear without good cause shown, the right to a hearing shall be waived.

(b) Under no circumstances shall the appearance of a person's attorney waive the requirement of the person's presence, as stated in (a) above.

(c) Whenever the person requesting the hearing or the law enforcement officer, if his or her presence has been requested, fails to appear at the hearing the hearings examiner shall issue an order which:

(1) Continues the hearing for 10 days;

(2) Allows the person or law enforcement officer 10 days to show good cause for their failure to appear; and

(3) Specifies whether the person's driver license or driving privilege is restored during the continuation.

(d) For the purposes of (c)(2) above good cause shall include:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member; or

(5) Any other unforeseeable circumstance beyond the party's control that results in the party's absence from the scheduled hearing.

#5811, eff 4-19-94; ss by #6716, INTERIM, eff 4-1-98, EXPIRES: 7-30-98; ss by #6824, eff 7-28-98; ss by #8666, INTERIM, eff 7-16-06, EXPIRES: 1-12-07; ss by #8782-A, eff 1-1-07

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