Section Saf-C 1016.13 - Fraudulent Activities(a) The commissioner shall, after notice and opportunity for a hearing, suspend a driver license, driving privileges, or permit upon receipt of information indicating that any person has: (1) Fraudulently altered a driver license or permit;(2) Lent their driver license or permit to another person;(3) Displayed, possessed, or represented as their own a driver license or permit not issued to them by the proper authority;(4) Displayed or possessed any fraudulently altered, fictitious, facsimile, or simulated driver license or permit;(5) Photographed, photostatted, duplicated, or in any manner reproduced a driver license or permit in such a manner that it could be mistaken for a valid driver license or permit;(6) Used a false or fictitious name, age, or address, or other false information in any application, submitted to the department relative to a driver license or permit;(7) Been found in possession of more than one valid driver license;(8) Applied for a temporary registration, a temporary plate, or both, contrary to RSA 261:57 or RSA 261:57-a; or(9) Produced or otherwise provided fraudulent documentation or evidence of compliance with an order(s) of the department.(b) The commissioner shall, after notice and opportunity for a hearing, suspend a non-driver identification card if, pursuant to RSA 260:21, IX, there is just cause to withdraw the non-driver identification. Just cause shall include, offenses enumerated in (a) and any other action which contributes to the improper receipt or display of a non-driver identification card, contrary to RSA 260:21.(c) Upon receipt of information indicating that any person has committed an unsworn falsification, pursuant to RSA 260:10, the department shall, after notice and opportunity for a hearing, suspend any or a combination of the following: (1) A driver license or privilege;(3) A non-driver identification card.(d) When determining what privileges are to be suspended under (c) above, the hearings examiner shall determine the severity of the offense after considering the following:(1) Which documents were obtained by the individual;(2) Whether the individual falsified information given to the department; and(3) Any other evidence relevant to a violation of RSA 260:10.(e) The privileges to be suspended shall correlate positively with the severity of the offense as determined in (d) above, and after considering any mitigating circumstances.(f) For the purposes of (c) above, the hearings examiner in making the determination what to suspend, shall not be limited to the privilege, license, permit, or card for which the person was making application for when the person committed an unsworn falsification.(g) Notwithstanding any rule to the contrary, the commissioner or director shall suspend a person's driver license prior to a hearing, pursuant to RSA 263:59, if: (1) The person admits to making a material false statement in their application for a driver license; or(2) The department receives evidence that indicates the person made a materially false statement in their application for a driver license.N.H. Admin. Code § Saf-C 1016.13
#6337, eff 9/25/1996 (from Saf-C 203.14); 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 204.15) (see Revision Note at chapter heading for Saf-C 1000).