1. (a) A person who has been disqualified from driving a commercial motor vehicle for life pursuant to RSA 263:94, III may apply for a hearing in accordance with the provisions of Saf-C 200 to reinstate his or her commercial driver license, not less than 10 years after disqualification.
2. (b) A hearings examiner shall determine whether a person who has requested a hearing pursuant to (a) above, has demonstrated good cause for his or her commercial driver license to be reinstated.

3. (c) For the purposes of (b) above, good cause shall include:

   1. (1) A review of the person’s driver record in this state or any other jurisdiction for the 10 years preceding the date of application for reinstatement that shows no violations under (d) below;
   2. (2) Evidence of completion of an approved Attitudinal Dynamics of Driving class as provided in Saf-C 212.10 and Saf-C 212.11, with a completion date of not less than 3 months preceding the date of application for reinstatement. Satisfactory evidence shall be a certificate from one of the program providers approved by the director. A list of approved providers shall be available at https://www.nh.gov/safety/divisions/dmv/financial-responsibility/improvement.htm;
   3. (3) If an alcohol education program was required as a result of a conviction that caused the lifetime disqualification, evidence in the form of a completion certificate from an approved Impaired Driver Care Management Program (IDCMP) approved by the New Hampshire department of health and human services, or an out-of-state program meeting the requirements of He-A 506; and
   4. (4) If a required alcohol education program pursuant to (c)(3) above was completed more than 6 months preceding the date of application for reinstatement, evidence of an updated low risk evaluation. Evidence shall be in the form of a written report from a licensed alcohol and drug counselor in New Hampshire or an individual holding an equivalent licensed professional designation from another state.

4. (d) A person shall not be eligible for reinstatement of his or her commercial driver license pursuant to this section if a review of the driver record pursuant to (c)(1) above shows the following:

   1. (1) A conviction for an offense involving the operation of a commercial motor vehicle;
   2. (2) A conviction or administrative suspension for an offense involving alcohol, controlled substances, or inhalants in any motor vehicle;
   3. (3) A conviction for conduct after an accident in any motor vehicle;
   4. (4) A conviction for reckless operation in any motor vehicle;
   5. (5) A felony conviction involving the operation of any motor vehicle; or
   6. (6) A revocation of driving privileges as a result of being a habitual offender pursuant to RSA 259:39 and RSA 262:19.

5. (e) If a person, after a hearing, is determined to be eligible for reinstatement pursuant to this section, he or she shall:

   1. (1) Meet all the requirements of Saf-C 1803; and
   2. (2) Meet the examination requirements set forth in Saf-C 1804.01.

Source. #12608, eff 8-22-18; renumbered by #13442 (formerly Saf-C 1808.04)