Section Saf-C 2804.10 - Action on Petitions for Review(a) The director shall review petitions within 10 days of receipt and issue his or her decision within 10 days of review as specified by RSA 265-A:33.(b) The director shall not consider any new evidence during the review.(c) If the director finds it is more likely than not that the recommendation: (1) Contains an error of law or lacks facts that could reasonably sustain the recommendation, then the director shall grant the petition; and(2) Has no error of law or lack of facts supporting the recommendation, then the director shall deny the petition.(d) Upon granting a petition for review, the director shall return the recommendation to the bureau of hearings, with a detailed written statement of what specific error(s) or law or fact(s) shall be reviewed at the remanded hearing, as follows: (1) Where there is an error of law, the hearing shall be assigned to a different hearings examiner.(2) Where there is a lack of facts that could reasonably sustain the recommendation, the hearing shall be assigned to the same hearings examiner.(e) The detailed written statement issued by the director in (d), shall constitute the scope of the new hearing in (d)(1) or (2).(f) At the agreement of the law enforcement officer and the person whose license has been suspended or revoked, the hearing required in (d)(1) or (2) may be waived and the case submitted by affidavit, in the case where there is a lack of facts that could reasonably sustain the recommendation, or through memoranda of law in the case of an error of law, where permitted by state law.(g) A hearing shall be scheduled within 15 days of the return of the recommendation to the bureau of hearings.(h) The recommendation of the hearings examiner shall be issued within 15 calendar days of the date of the remanded hearing.(i) At the agreement of the law enforcement officer and the person whose license has been suspended or revoked, the hearing may be conducted via telephone, where permitted by state law.N.H. Admin. Code § Saf-C 2804.10
#5538, eff 1-1-93; ss by #6824, eff 7-28-98; ss by #8666, INTERIM, eff 7-16-06, EXPIRES: 1-12-07; ss and moved by #8782-A, eff 1-1-07 (formerly Saf-C 2804.082)
Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10888, Effective 7/16/2015, Expires 7/16/2025.