New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 6500 - ALCOHOL IGNITION INTERLOCK DEVICE
Part Saf-C 6512 - HEARINGS
Section Saf-C 6512.05 - User Compliance Hearings

Universal Citation: NH Admin Rules Saf-C 6512.05

Current through Register No. 40, October 3, 2024

(a) Any user who fails to maintain compliance with Saf-C 6509.01 shall be subject to an administrative hearing, after which any user that is found to have violated any of the provisions therein, shall have their duration in the ignition interlock program extended for each occurrence by:

(1) 30 days for the first occurrence of any violation;

(2) 60 days for the second occurrence of any violation;

(3) 90 days for the third occurrence of any violation; and

(4) 120 days for any fourth or subsequent occurrence of any violation and shall have their operating privileges suspended for no less than 3 months.

(b) Any user who fails to maintain compliance with Saf-C 6509.02 shall be subject to an administrative hearing, after which any user that is found to have violated any of the provisions therein, shall have their operating privilege suspended for each occurrence by:

(1) 60 days for any first occurrence of any violation;

(2) 120 days for any second occurrence of any violation;

(3) 180 days for any third occurrence of any violation; and

(4) 12 months for any fourth or subsequent occurrence of any violation.

(c) All operation privilege suspensions ordered pursuant to this section shall not run concurrent with any other ordered suspension.

(d) The scope of the hearing shall be limited to whether the user committed the alleged violation.

(e) Users shall have the burden of proving their compliance with the ignition interlock program requirements.

(f) The bureau of hearings shall provide its determination of the hearing to the division's interlock coordinator.

(g) For the purposes of this section and counting occurrences, each act or conduct that is recorded as a violation of the interlock order and these rules, shall be considered a single violation.

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