Section Saf-C 1016.11 - Persons Hazardous to Public Safety(a) The commissioner, upon receipt of information that a person might be hazardous to public safety, shall issue an order requiring the person to appear and show cause why their driver license or operating privilege should not be revoked or denied.(b) A person who shall be subject to such an order shall include, but is not limited to, one who: (1) Has been driving to endanger the public;(2) A law enforcement officer has reported for misconduct, abuse, or misuse of the person's driving privileges;(3) Has been convicted 2 or more times of driving a motor vehicle while under the influence of intoxicating liquor or controlled drugs, or any combination thereof; or(4) Has an alcohol or drug problem that is not under control.(c) The commissioner shall presume that a person with an alcohol or drug problem that is not under control is a person hazardous to the public safety.(d) Nothing contained herein shall prevent the department from conducting an investigation or requiring a driver examination, alcohol evaluation, a medical examination, or any combination thereof of such person or requiring the filing of proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.06.(e) After notice and an opportunity for a hearing, a hearings examiner shall suspend, revoke, or deny the driver license or driving privilege of any person whose past record of convictions, accident involvement, or other serious misbehavior would make the person a hazard to themselves or other highway users, or result in the person being declared a habitual violator.(f) The commissioner shall suspend the license or driving privilege of a person prior to a hearing, whenever there is reason to believe that the person is operating in such a manner so as to constitute a present danger to the public or themselves.(g) In the case of a person whose license has been suspended or revoked pursuant to RSA 263:56, I(d) by reason of physical or mental impairment, the suspension or revocation shall be for an indefinite period provided, however, the person may request a hearing once every year thereafter for the purpose of reviewing the original order. Such a request shall be in writing. The person shall produce medical evidence clearly indicating their condition no longer renders them a hazard.(h) For the purposes of (g) above, the request for a hearing shall contain: (1) The individual's name, address, and date of birth; and(2) A request for a hearing to be scheduled.N.H. Admin. Code § Saf-C 1016.11
#6337, eff 9/25/1996 (from Saf-C 203.12); ss by #8174, INTERIM, eff 9/25/2004, EXPIRES: 3/24/2005; ss by #8230-B, eff 12/17/2004; ss by #10395-B, eff 8/15/2013.Amended by Number 32, Filed August 10, 2023, Proposed by #13685, Effective 8/5/2023, Expires 8/5/2033 (formerly Saf-C 204.13) (see Revision Note at chapter heading for Saf-C 1000).