Section Saf-C 5506.04 - Suspension for Non-Compliance with Registration of Criminal Offenders(a) Upon receipt of a complaint from the director of state police or his or her designee of the failure by a sexual offender as defined in RSA 651-B:1, IV or an offender against children as defined in RSA 651-B:1, VI to comply with the registration requirements as defined in RSA 651-B:10 or RSA 651-B:11, and such failure to comply is greater than 30 days in duration, the department shall attempt to notify the offender in person, or by first class mail, return receipt requested sent to the offender's last known address, that the offender is in violation of the registration requirements. The notification shall inform the offender that his or her driving privileges shall be suspended after a hearing, if the offender fails to comply with the registration requirements within 15 days of the department's attempted notice of non-compliance.(b) If the offender fails to come into compliance within 15 days of the department's attempted notice of non-compliance, and after a hearing pursuant to this rule, the director of motor vehicles shall suspend the offender's driver's license, or resident, or non-resident driving privileges.(c) The commissioner shall promptly schedule and conduct a hearing pursuant to Saf-C 200 before suspending the offender's driver's license, or resident, or non-resident driving privileges.(d) The bureau of hearings shall notify the individual to appear for a hearing in accordance with the provisions of Saf-C 203.02 and Saf-C 203.03.(e) The scope of the hearing shall be limited to the following: (1) The identity of the individual;(2) Whether the individual has complied with RSA 651-B and these rules; and(3) Whether the individual was incarcerated or hospitalized during the period of noncompliance.(f) If the commissioner determines the identity of the individual as an offender who is required to register pursuant to RSA 651-B and the individual was not incarcerated or hospitalized during the period of noncompliance, the offender's driving privileges shall be suspended.(g) If an offender fails to appear for the scheduled hearing or fails to come into compliance by the day of the scheduled hearing, the bureau of hearings shall record a default judgment against the offender. The bureau of hearings shall send a notice of such default judgment to the offender by first class mail, return receipt requested, to the offender's last known address, and advising that the offender that his or her driving privileges shall be suspended or revoked within 15 days of the notice of default if he or she fails to comply with the registration requirement.N.H. Admin. Code § Saf-C 5506.04
Amended by Number 2, Filed January 12, 2023, Proposed by #13504, Effective 12/9/2022, Expires 12/9/2023.