1. (a) Upon receipt of evidence alleging a violation of RSA 265-A:45, a hearing shall be scheduled and the person notified in accordance with these rules.

2. (b) The scope of such hearing shall be limited to the following issues:

   1. (1) Whether the person is the individual identified on the complaint;
   2. (2) Whether the person was under the age prescribed by RSA 265-A:45 at the time of the alleged violation;
   3. (3) Whether the person was driving a motor vehicle upon a way;
   4. (4) Whether the person was accompanied by a parent or legal guardian or legal age spouse;
   5. (5) Whether liquor or alcoholic beverage was present in any part of the vehicle; and
   6. (6) Whether the person falls within the exemption pursuant to RSA 179:23.
3. (c) If the hearings examiner finds that the provisions of paragraph (b) have been met, the hearings examiner shall suspend the license or deny the person's privilege to drive for a period not to exceed the maximum penalty prescribed by law.

Source. #6337, eff 9-25-96 (from Saf-C 203.10; ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss and moved by #8230-B, eff 12-17-04 (formerly Saf-C 204.09); ss by #10395-B, eff 8-15-13; ss by #13685, eff 8-5-23 (formerly Saf-C 204.10) (see Revision Note at chapter heading for Saf-C 1000)