New Hampshire Revised Statutes 265:91-b – Administrative Review and Hearings
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I. (a) Any person whose license is suspended or revoked under this subdivision or N.H. Rev. Stat. § 263:96 may request either an administrative review or a hearing. The request shall be in writing and shall state the grounds upon which the person seeks to have the order of suspension or revocation rescinded, which grounds shall be limited to those provided in paragraph II. The filing of the request shall not stay the suspension or revocation. A request for either administrative review or hearing received by the department after 30 days from the date the notice is issued shall be denied as untimely.
(b) If the request is for an administrative review, the request may be accompanied by any statement or other evidence which the person wants the department to consider. Upon receiving the request the department shall review the order, the evidence upon which it is based, including whether the person was driving or in actual physical control of a motor vehicle, and any other information brought to the attention of the department, and shall determine whether sufficient cause exists to sustain the order.
(c) If the request is for a hearing, the request shall also indicate whether or not the person desires to have the law enforcement officer present. The hearing shall be held within 20 days after the filing of the request unless the person requests a continuance. A request for a continuance by the person shall not stay the order of suspension or revocation. The hearing shall be recorded, and be conducted by the department’s designated agent. The hearing may be conducted upon a review of the law enforcement officer’s report if there is no request to have the officer present. If there is a request that the law enforcement officer be present at the hearing and the officer fails to appear without good cause shown, the case shall be dismissed and the order rescinded. If the person requesting the hearing fails to appear without good cause shown, the right to a hearing shall be waived and the order sustained.
II. The scope of the administrative review or hearing shall be limited to the issue of whether the person had been arrested.
III. In the case of either an administrative review or a hearing, the hearing examiner shall issue his or her recommendation on the order of suspension or revocation within 15 days of the request for administrative review or the hearing date. The recommendation shall be in writing and a copy shall be provided to the parties. The recommendation shall be final unless a review or appeal is filed under N.H. Rev. Stat. § 265:91-d or N.H. Rev. Stat. § 265:91-e.
(b) If the request is for an administrative review, the request may be accompanied by any statement or other evidence which the person wants the department to consider. Upon receiving the request the department shall review the order, the evidence upon which it is based, including whether the person was driving or in actual physical control of a motor vehicle, and any other information brought to the attention of the department, and shall determine whether sufficient cause exists to sustain the order.
Terms Used In New Hampshire Revised Statutes 265:91-b
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- 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 - Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- 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
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106 - 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
(c) If the request is for a hearing, the request shall also indicate whether or not the person desires to have the law enforcement officer present. The hearing shall be held within 20 days after the filing of the request unless the person requests a continuance. A request for a continuance by the person shall not stay the order of suspension or revocation. The hearing shall be recorded, and be conducted by the department’s designated agent. The hearing may be conducted upon a review of the law enforcement officer’s report if there is no request to have the officer present. If there is a request that the law enforcement officer be present at the hearing and the officer fails to appear without good cause shown, the case shall be dismissed and the order rescinded. If the person requesting the hearing fails to appear without good cause shown, the right to a hearing shall be waived and the order sustained.
II. The scope of the administrative review or hearing shall be limited to the issue of whether the person had been arrested.
III. In the case of either an administrative review or a hearing, the hearing examiner shall issue his or her recommendation on the order of suspension or revocation within 15 days of the request for administrative review or the hearing date. The recommendation shall be in writing and a copy shall be provided to the parties. The recommendation shall be final unless a review or appeal is filed under N.H. Rev. Stat. § 265:91-d or N.H. Rev. Stat. § 265:91-e.