New Hampshire Revised Statutes 261:177 – Penalties; Dealers, Utility Dealers, Auto Recycling Dealers, Transporters, and Repairers
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I. Upon any evidence of misuse of registration or any violation of the provisions of this chapter or any rules authorized by law the director may:
(a) After a hearing and upon a finding that a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has violated any provision of this chapter or rules adopted pursuant to this chapter, suspend or revoke the dealer’s, utility dealer’s, automotive recycling dealer’s, transporter’s, or repairer’s registration, license, or privileges for an appropriate period of time considering the severity of the offense, the number of offenses committed, and whether the dealer, utility dealer, automotive recycling dealer, transporter, or repairer committed prior offenses. If the license is revoked and the director determines after a hearing that an owner, partner, or officer of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of any provision of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer laws or rules, the director may prohibit an owner, partner, or officer from opening any other dealership for a period of time not to exceed 5 years; or
(b) Impose an administrative fine upon any dealer, utility dealer, automotive recycling dealer, transporter, or repairer. The maximum amounts of the fines which may be assessed shall be as follows:
(1) For the first violation, $250.
(2) For the second violation, $500.
(3) For the third violation, $750.
(4) For the fourth violation, $1,000.
(5) For 5 or more violations, $2,000.
(c) No fine, or suspension or revocation of a dealer’s, utility dealer’s, automotive recycling dealer’s, transporter’s, or repairer’s registration, license, or privileges shall take effect unless approved by the commissioner. The commissioner shall have the authority to modify the amount of the fine assessed or the suspension or revocation of registration, license, or privileges imposed.
II. Whenever a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has a license or plates or license and plates revoked or suspended for a period of greater than 15 days, a fee of $50 shall be paid for the restoration of such license or plates or license and plates.
III. Upon a finding by the director that any dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of an order of the commissioner issued pursuant to this section, the director may impose an administrative fine of up to $1,000 for each day that the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of the order.
IV. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who violates any of the provisions of this chapter or fails to comply with any order of the director pursuant to this chapter shall be guilty of a violation.
V. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who knowingly makes a false or misleading statement in any application or form required by the director pursuant to this chapter, with the purpose of obtaining any registration, license, or privilege, shall be guilty of a misdemeanor.
VI. Any person who violates N.H. Rev. Stat. § 261:103-b shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
(a) After a hearing and upon a finding that a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has violated any provision of this chapter or rules adopted pursuant to this chapter, suspend or revoke the dealer’s, utility dealer’s, automotive recycling dealer’s, transporter’s, or repairer’s registration, license, or privileges for an appropriate period of time considering the severity of the offense, the number of offenses committed, and whether the dealer, utility dealer, automotive recycling dealer, transporter, or repairer committed prior offenses. If the license is revoked and the director determines after a hearing that an owner, partner, or officer of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of any provision of the dealer, utility dealer, automotive recycling dealer, transporter, or repairer laws or rules, the director may prohibit an owner, partner, or officer from opening any other dealership for a period of time not to exceed 5 years; or
Terms Used In New Hampshire Revised Statutes 261:177
- Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- Dealer: shall mean a retail vehicle dealer or an auto wholesale dealer. See New Hampshire Revised Statutes 259:18
- Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. See New Hampshire Revised Statutes 259:48 - Owner: shall mean :
I. See New Hampshire Revised Statutes 259:72 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Repairer: shall mean any person who is principally engaged in the motor vehicle business, but who is not a dealer and who has an established place of business. See New Hampshire Revised Statutes 259:87
- Revocation: shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. See New Hampshire Revised Statutes 259:90
- Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
- Transporter: shall mean :
I. See New Hampshire Revised Statutes 259:114 - Utility dealer: shall mean :
I. See New Hampshire Revised Statutes 259:121
(b) Impose an administrative fine upon any dealer, utility dealer, automotive recycling dealer, transporter, or repairer. The maximum amounts of the fines which may be assessed shall be as follows:
(1) For the first violation, $250.
(2) For the second violation, $500.
(3) For the third violation, $750.
(4) For the fourth violation, $1,000.
(5) For 5 or more violations, $2,000.
(c) No fine, or suspension or revocation of a dealer’s, utility dealer’s, automotive recycling dealer’s, transporter’s, or repairer’s registration, license, or privileges shall take effect unless approved by the commissioner. The commissioner shall have the authority to modify the amount of the fine assessed or the suspension or revocation of registration, license, or privileges imposed.
II. Whenever a dealer, utility dealer, automotive recycling dealer, transporter, or repairer has a license or plates or license and plates revoked or suspended for a period of greater than 15 days, a fee of $50 shall be paid for the restoration of such license or plates or license and plates.
III. Upon a finding by the director that any dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of an order of the commissioner issued pursuant to this section, the director may impose an administrative fine of up to $1,000 for each day that the dealer, utility dealer, automotive recycling dealer, transporter, or repairer is in violation of the order.
IV. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who violates any of the provisions of this chapter or fails to comply with any order of the director pursuant to this chapter shall be guilty of a violation.
V. Any dealer, utility dealer, automotive recycling dealer, transporter, or repairer who knowingly makes a false or misleading statement in any application or form required by the director pursuant to this chapter, with the purpose of obtaining any registration, license, or privilege, shall be guilty of a misdemeanor.
VI. Any person who violates N.H. Rev. Stat. § 261:103-b shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.