Current through Register No. 40, October 3, 2024
(a) Upon receipt of information showing good
cause, the department of safety shall revoke or suspend a CDL driver education
instructor certificate, after notice and the opportunity for an administrative
hearing.
(b) Good cause shall
include the following:
(1) Conviction, or
unadjudicated arrest or indictment, involving the commission of a crime in
which the driver used a motor vehicle to commit said crime;
(2) Conviction, or unadjudicated arrest or
indictment, for criminal sexual behavior such as rape, deviate sexual relations
or sexual assault;
(3) Conviction,
or unadjudicated arrest or indictment, for an offense resulting in the
corruption or delinquency of a minor child;
(4) Conviction, or unadjudicated arrest or
indictment, for driving a motor vehicle under the influence of alcohol or
controlled drugs, leaving the scene of a motor vehicle accident, reckless
driving, or driving to endanger;
(5) Conviction, or unadjudicated arrest or
indictment, involving the manufacture, illegal transportation, possession,
sale, or use of a controlled drug;
(6) Conviction, or unadjudicated arrest or
indictment, of New Hampshire motor vehicle or criminal law or law of any other
jurisdiction, that has a direct bearing on the instructor's ability to instruct
driver education both in the classroom and on the road;
(7) A determination that a driver's 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 instructor's
fitness to drive or instruct driver education;
(9) Evidence that the driver education
instructor is an abuser of alcohol, prescription drugs, or controlled
substances;
(10) A determination by
the driver education supervisor that the driver education instructor is a
danger to him/herself or to a child being taught by the instructor;
(11) Financial responsibility is not on file
with the department, if applicable;
(12) Evidence that the driver education
instructor has used a false or fictitious name, age, address, or put any false
information on any application or form or document required by or evidencing
compliance with these rules;
(13)
Evidence of any medical condition, physical or mental, including but not
limited to seizures, that would preclude safe operation of a motor vehicle;
(14) Evidence that the driver
education instructor has violated any of these rules or jeopardized the health,
safety, or well-being of any student;
(15) Evidence of noncompliance with 49 CFR
380; and
(16) Evidence of conduct
as set forth in RSA 263:51V, I-I.
(c) Each instructor whose driver education
instructor certificate is sought to be revoked or suspended pursuant to these
rules shall be afforded notice and the opportunity for an administrative
hearing.
(d) Each person requesting
a hearing shall present a written request to:
Bureau of Hearings
33 Hazen Drive
Concord, NH 03305
(e) All administrative hearings shall be
conducted in accordance with the provisions of Saf-C 200.
(f) The scope of the hearing shall include
the following:
(1) Review of the evidence
submitted, pursuant to (a) and (b) above, that supports the revocation or
suspension of a driver education instructor certificate;
(2) Age of applicant;
(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 education instructor's fitness to safely drive a
motor vehicle or instruct driver education to pupils, both in the classroom and
on the road.
(g) The
division shall notify the applicant's employer of any decision from the bureau
of hearings.
(h) Notwithstanding
(a) above, the director shall revoke a driver education instructor certificate
immediately, pursuant to
RSA
263:59, if he/she receives evidence that the
driver education instructor:
(1) Is physically
or mentally an improper or incompetent person to drive;
(2) Is driving improperly so as to endanger
the public; or
(3) Has made a
material false statement in his/her application.
(i) Any person whose driver education
instructor certificate has been revoked pursuant to (h) above, shall be
entitled to an administrative hearing in accordance with the provisions of
Saf-C 200.
