The Joint Legislative Committee on Administrative Rules recently approved a number of amendments to the Procedural and Hearings Rules - the Saf-C 200 series- for the Department of Safety's Bureau of Hearings. The rule changes, discussed in this article, had an effective date of December 17, 2004. The rules can be viewed at http://www.gencourt.state.nh.us/rules/saf-c200.html or at the State of New Hampshire Office of Legislative Services Division of Administrative Rules.

This article will focus on amendments to some of the most common types of hearings: original license holder, habitual offender, implied consent and administrative license suspensions, demerit points, alcohol program completion and CHINS hearings.

Before discussing the original license holder rule changes, I must note an amendment to RSA 263:14, III (a) and (b), effective May 25, 2004. This amendment expanded the reach of the original license holder law to cover all drivers who are under 20 years of age and who held an original license at the time of the violation. Id. See also Saf-C 204.04. Formerly, the statute only applied to drivers who were under 20 and had held their license for two years or less.

Saf-C 204.04 mirrors the original license holder statute in that it defines offenses that trigger the law as any motor vehicle conviction excluding convictions for RSA 261:40; 261:59 and 266:55. Under the new rule, out-of-state convictions trigger the law, where they previously did not. Further, if the respondent has two or more speeding convictions within the first two years after the State issued the license, then he/she must file proof of insurance for three years.

Regarding the enhancement of penalties for a DWI offense, an implied consent for refusal to consent to a test, or an administrative license suspension for testing over the legal limit, the Department shall not consider a prior DWI conviction, an implied consent or an administrative license suspension, if they are older than 10 years. Formerly, the rule did not contain a time limitation. Saf-C 204.18

Although not related to hearings, it is worth noting that Saf-C 204.01 (d) provides that a New Hampshire license applicant or a license holder who has been convicted of DWI or reckless operation in another jurisdiction, shall be revoked in New Hampshire for the same period, just as if the conviction had taken place in New Hampshire.

For the Alcohol Program Completion Hearings, where a citizen can request a review of mandated aftercare, the person who attended the approved alcohol program has 20 calendar days to request a hearing. After 20 days the Bureau shall deny the request. Saf-C 204.20.

Saf-C 206.06 (b) repealed the one-year early review of some habitual offender orders. This means that a person must serve the full suspension, which can be up to four years. In addition, the Bureau will not schedule a decertification hearing if the habitual offender has not been free from incarceration, related to a motor vehicle offense, for at least 6 months. Id. at (d) (2). Last, in the event an examiner denied decertification, the respondent may request another decertification hearing once every year thereafter. Formerly, the suspension could be extended for up to four years. Id. at (i).

The Demerit Point System has been overhauled to include new offenses. See Saf-C 212.03.

For CHINS hearings, Saf-C 215.01 requires that the suspension period shall begin on the date of the hearing, if the person is eligible by age for the issuance of a license; otherwise, the suspension becomes effective on the person's 16th birthday.

Again, this review of amendments is not all-inclusive and the practitioner should consult the Saf-C rules.

Robert Gainor is currently a hearings examiner for the Bureau of Hearings and an instructor at the University of New Hampshire's College for LifeLong Learning.

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