N.H. Code Admin. R. Fis 1301.05 – Evaluation of Violent Felony Convictions

(a) An individual with a prior felony conviction involving violence against the person or property of another may request a determination of whether the criminal conviction disqualifies the individual from obtaining a fishing guide license at any time after the 10-year anniversary of the conviction.
(b) Requests for a determination shall be in writing and include at least the following information:
1. (1) The individual’s legal name and contact information;
2. (2) Identification of any applicable felony convictions;
3. (3) Authorization for the department to obtain the individual's criminal record; and
4. (4) Any information regarding the individual's current circumstances or rehabilitation the individual wishes to present in support of their request. Such information may include letters of support, employment records, and personal references.
(c) The department shall acknowledge receipt of a request for review within 5 business days of receipt thereof.
(d) The law enforcement division shall appoint 2 sworn law enforcement officers, and the chair of the fish and game commission shall appoint one fish and game commissioner to sit as a panel to review the individual’s criminal and incarceration history and other information submitted by the requesting individual. The panel, considering all information submitted by the individual or obtained from the individual’s criminal records, shall disqualify an individual from obtaining a fishing guide license only upon a determination that:
1. (1) The individual’s felony conviction has a substantial and direct relationship to the performance of the duties of a fishing guide; and
2. (2) Disqualifying the individual from obtaining a fishing guide license would be protective of the public safety.
(e) In making the determination required under paragraph (d) above, the panel shall consider only the following factors:
1. (1) The nature and seriousness of the crime for which the individual was convicted;
2. (2) The completion of the individual’s criminal sentence and the conditions of any probation, parole, or conditional release;
3. (3) The passage of time since the commission of the crime; and
4. (4) Any evidence of rehabilitation, including testimonials, employment history, and education or training.
(f) Determinations by the panel shall be by a majority and be in writing and rendered within 60 days of receipt of a complete request.
(g) A requesting individual dissatisfied with the panel’s determination may request an adjudicatory hearing before an impartial hearing officer, consistent with the procedures set forth in Fis 213 and RSA 541-A:31.
Source #14410, eff 10-22-25, EXPIRES 10-22-35