N.H. Admin. Code § Saf-C 204.15

Current through Register No. 50, December 12, 2024
Section Saf-C 204.15 - Fraudulent Activities
(a) The commissioner shall, after notice and opportunity for a hearing, suspend a driver's license or driving privileges, or permit upon receipt of information indicating that any person has:
(1) Fraudulently altered a driver's license or permit;
(2) Lent his/her driver's license or permit to another person;
(3) Displayed, possessed or represented as his/her own a driver's license or permit not issued to him/her by the proper authority;
(4) Displayed or possessed any fraudulently altered, fictitious, facsimile, or simulated driver's license or permit;
(5) Photographed, photostatted, duplicated or in any manner reproduced a driver's license or permit in such a manner that it could be mistaken for a valid driver's 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's license or permit;
(7) Been found in possession of more than one valid driver's license;
(8) Applied for a temporary registration and/or plate 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's 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's 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's license or privilege;
(2) A permit;
(3) A non-driver's identification card; and
(4) A certificate of registration.
(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, card or certificate for which the person was making application for when the person committed an unsworn falsification.
(g) The commissioner shall suspend the registration of any vehicle, after notice and opportunity for a hearing, on receipt of written information indicating that any person to whom said registration is issued has:
(1) Fraudulently altered the registration certificate, validation sticker or plates, or inspection sticker;
(2) Lent his or her registration plates or validation stickers to another person;
(3) Affixed or allowed any other person to affix his or her registration plate(s) or validation stickers to a vehicle other than that for which they were issued;
(4) Displayed any registration plate(s), validation stickers or certificate(s) that were issued for a vehicle other than that which he or she is driving;
(5) Displayed any fictitious, facsimile, or simulated registration plate(s) or certificate(s);
(6) Used a false or fictitious name, date of birth, address, vehicle identification number, or other false or fictitious information in any application, official form, document or communication submitted to the department relative to vehicle registration;
(7) Displayed on said vehicle any forged or fraudulently altered inspection sticker, any facsimile or copy of any inspection sticker, or any such sticker which was fraudulently issued or was not issued by an official inspection station; or
(8) Applied for a temporary registration and/or plate in violation of law.
(h) Notwithstanding any rule to the contrary, the commissioner or director shall suspend a person's driver's license prior to a hearing, pursuant to RSA 263:59, if:
(1) The person admits to making a material false statement in his or her application for a driver's license; or
(2) The department receives evidence that indicates the person made a materially false statement in his or her application for a driver's license.

N.H. Admin. Code § Saf-C 204.15

#6337, eff 9-25-96 (from Saf-C 203.14 ); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04

Amended by Volume XXXIII Number 37, Filed September 12, 2013, Proposed by #10395-B, Effective 8/15/2013, Expires 8/15/2023.