Section Saf-C 6512.03 - Interlock Service Provider Compliance Hearing(a) Any interlock service provider who fails to maintain compliance with these rules shall be subject to an administrative hearing which might, pursuant to Saf-C 203 and these rules, result in the suspension or revocation of the provider's approval, or further installation certificates being rejected by the division until such noncompliance is remedied.(b) The scope of the hearing shall be limited to whether the interlock service provider is in noncompliance with these rules.(c) The interlock service provider shall have the burden of proving the provider is in compliance with these rules.(d) The bureau of hearings shall provide its determination of the hearing to the division's interlock coordinator.(e) In imposing sanctions and the duration of sanctions, the hearing examiner shall consider the following factors in order to protect the integrity of the ignition interlock program and prevent any negative impact to the program, users, and motoring public: (1) The seriousness of the conduct;(2) Whether materially false or inaccurate information was provided by the provider;(3) The period of time for the provider to come into compliance with the applicable laws and rules; (4) Whether the provider assisted a user to circumvent or tamper with a device;(5) Whether there is a pattern of noncompliance issues by the provider;(6) Whether there exists potential harm to public safety by allowing the provider to operate; and(7) Any mitigating or extenuating circumstances.N.H. Admin. Code § Saf-C 6512.03
Derived from Volume XLII Number 41, Filed October 13, 2022, Proposed by #13448, Effective 9/20/2022, Expires 9/20/2032