New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 3200 - OFFICIAL MOTOR VEHICLE INSPECTION REQUIREMENTS
Part Saf-C 3248 - ADMINISTRATIVE FINES AND HEARINGS
Section Saf-C 3248.06 - Administrative Hearing

Universal Citation: NH Admin Rules Saf-C 3248.06

Current through Register No. 40, October 3, 2024

(a) Upon receipt of information as specified in RSA 266:1, XI(a), the director shall provide the inspection station and/or mechanic with an opportunity for an administrative hearing.

(b) Hearings shall be conducted in accordance with the provisions of Saf-C 203.

(c) The scope of the hearing shall be limited to a determination of whether the inspection station and/or mechanic violated any provision of the inspection laws or these rules.

(d) After a hearing, a hearings examiner shall suspend the inspection station's privileges and/or mechanic approval card if there is a finding that the inspection station and/or mechanic violated any provision of the inspection laws or these rules or shall impose an administrative fine as set forth in Saf-C 3248.01. Pursuant to RSA 266:1, XI(a), a hearings examiner shall not impose both an administrative fine and suspension of the inspection station's privileges in the same proceeding.

(e) A hearings examiner shall determine the appropriate sanction based upon the following factors:

(1) The severity of the offense;

(2) The number of offenses committed; and

(3) Whether the inspection station and/or mechanic has committed prior offenses.

(See Revision Notes at chapter heading Saf-C 3200) #8915, eff 6-22-07

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