Section Saf-C 1304.04 - Revocation of School Bus Driver's Certificate(a) Upon receipt of information showing good cause, the department shall revoke a school bus driver's certificate, after notice and the opportunity for an administrative hearing.(b) Good cause shall include the following:(1) Arrest, conviction or indictment involving the commission of a crime in which the driver used a motor vehicle to commit said crime;(2) Arrest, conviction or indictment for deviate behavior such as rape, deviate sexual relations or sexual assault;(3) Arrest, conviction or indictment for an offense resulting in the corruption or delinquency of a minor child;(4) Arrest, conviction or indictment for driving a motor vehicle under the influence of alcohol or chemical substances, leaving the scene of a motor vehicle accident, reckless driving, or driving to endanger;(5) Arrest, conviction or indictment involving the manufacture, illegal transportation, possession, sale or use of a controlled drug;(6) Arrest, conviction or indictment of New Hampshire motor vehicle or criminal law or law of any other jurisdiction, that has a direct bearing on the driver's fitness to hold a school bus driver's certificate;(7) Evidence that a driver license has been suspended or revoked and has not been reinstated in this or in any other jurisdiction;(8) Involvement in a motor vehicle accident that has a direct bearing on the driver's fitness to drive;(9) Evidence that the applicant has refused a random drug screening from an employer or prospective employer within the preceding 10 years or that the driver is an abuser of alcohol, prescription drugs or chemical substances;(10) Evidence that the driver is a danger to him/herself or to a child being transported by the driver; (11) Financial responsibility is required and is not on file with the department, if applicable;(12) Evidence that the driver has altered his/her school bus driver's certificate;(13) Evidence that the certificate holder lent his/her school bus driver's certificate to any other person;(14) Evidence that the driver has displayed, represents or holds as his/her own a school bus driver's certificate not issued by proper authority;(15) Evidence that the driver has displayed or holds any fictitious, facsimile or simulated school bus driver's certificate;(16) Evidence that the driver has photographed, photostatted, duplicated or in any other manner reproduced a school bus driver's certificate in such a way that it could be construed as a valid school bus driver's certificate;(17) Evidence that the driver has used a false or fictitious name, age, address or put false information on any application or form or document utilized to support the application for a school bus driver's certificate;(18) Evidence of any medical condition, physical or mental, including but not limited to seizures, that would preclude safe operation of a motor vehicle;(19) Evidence that the driver has left a pupil unattended on a school bus; or(20) Any violation of these rules.(c) Each driver whose school bus driver's certificate is sought to be revoked pursuant to this section shall be afforded notice and the opportunity for an administrative hearing.(d) The scope of the hearing shall include the following:(1) Review of the evidence submitted, pursuant to (a) and (b) above, which supports the revocation of a school bus driver's certificate;(3) Number of years of driving experience;(4) Type(s) of conviction, moving or non-moving;(5) Past history as it relates to current convictions;(6) Mitigating circumstances;(7) Evidence of any alcohol related convictions or violations within the preceding 10 years;(8) Evidence of a physical, mental or emotional impairment that would preclude safe operation of a motor vehicle;(9) Evidence that the person is on any medication that would preclude safe operation of a motor vehicle; and(10) Any other evidence indicating the driver's fitness to safely drive a school bus.(e) Notwithstanding (a) above, the director shall suspend a school bus driver's certificate immediately, pursuant to RSA 263:59, if he/she receives evidence that the school bus driver:(1) Is physically or mentally an improper or incompetent person to drive;(2) Is driving improperly so as to endanger the public;(3) Is appealing a conviction of a violation of any provision of title XXI; or(4) Has made a material false statement in his/her application.(f) Any person whose school bus driver's certificate has been suspended pursuant to (e) above, shall be entitled to an administrative hearing in accordance with the provisions of Saf-C 200.N.H. Admin. Code § Saf-C 1304.04
#4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05
Ss by #10439, eff 10/11/2013 (See Revision Note at chapter heading for Saf-C 1300).