1. (a) Any person who attends an impaired driver care management program as required by RSA 265-A:42, is entitled to a hearing before the commissioner or designee who shall determine whether the service plan requirements are warranted and appropriate.
2. (b) Hearings may be requested by writing to the Department of Safety, Bureau of Hearings, 33 Hazen Drive, Concord, NH 03305; or by emailing safety-hearings@dos.nh.gov; or by facsimile at 603-271-6653.
3. (c) The bureau of hearings shall notify the person and the approved impaired driver care management program of the time, date, and location of the hearing.
4. (d) There shall be a rebuttable presumption that the impaired driver care management program’s evaluation is correct if the impaired driver care management program complied with He-A 500.

5. (e) Prior to hearing, the person may obtain evidence to rebut the service plan requirements in (a), including:

   1. (1) A second opinion from a state licensed alcohol and drug counselor as defined in He-A 501.01(x) that was performed in the 12 months preceding the hearing, at their own expense, a copy of which shall be given to the original approved alcohol program provider before the hearing;
   2. (2) Any evidence showing that the approved alcohol program provider did not comply with He-A 500,; and
   3. (3) Any other evidence that the person believes demonstrates that the service plan requirements are not warranted and appropriate.

6. (f) The scope of the hearing shall be limited to whether:

   1. (1) The service plan requirements are reasonable and appropriate;
   2. (2) Any changes to the service plan requirements are reasonable and appropriate;

7. (g) Following hearing, the examiner shall:

   1. (1) Sustain the service plan requirements as being reasonable and appropriate; or
   2. (2) Determine that the service plan requirements are not reasonable and appropriate and modify the service plan requirements.

Source. #7349, eff 8-22-00; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #13685, eff 8-5-23 (formerly Saf-C 204.20) (see Revision Note at chapter heading for Saf-C 1000)