1. (a) The habitual offender certification shall remain in effect until the habitual offender is decertified.
2. (b) When the original period of certification has expired, if the habitual offender wishes to be decertified, the habitual offender shall submit a written statement requesting a decertification hearing or a decertification record review.

3. (c) The written request, referred to in (b) above, shall include:

   1. (1) The habitual offender's full name;
   2. (2) The habitual offender's address; and
   3. (3) The habitual offender's date of birth.

4. (d) The department shall schedule a review hearing within 30 days from the date of receipt of the written request, so long as:

   1. (1) The written request meets the provisions of (c) above;
   2. (2) The habitual offender has been free from incarceration for at least 6 months for a motor vehicle offense;
   3. (3) The habitual offender has complied with all the terms and conditions of the certification order; and
   4. (4) There are no other suspensions/revocations in effect in New Hampshire or any other jurisdiction.
5. (e) The burden of persuasion for the hearing in this section shall be on the respondent.

6. (f) The scope of the decertification hearing or review shall be limited to the following:

   1. (1) A review of the record and the division's files to determine if any agency has filed complaints against the habitual offender alleging the habitual offender remains an on-going hazard to the public's safety;
   2. (2) A review of the record to determine if the habitual offender drove a motor vehicle in New Hampshire during the period of revocation or if there are out-of-state convictions during the period of revocation of an offense specified in RSA 262:19, V;
   3. (3) A determination that the habitual offender has no unpaid court fines;
   4. (4) A determination that the habitual offender has no court defaults;
   5. (5) A determination that the habitual offender's driving privileges is not suspended or revoked in any other jurisdiction;
   6. (6) A determination that all alcohol education requirements, pursuant to RSA 265-A:42, have been satisfied;
   7. (7) A determination that current medical information is on file, favorable to the habitual offender, if there was any suspension or revocation activity remaining that was medically related; and
   8. (8) A determination that the habitual offender has been free of confinement or incarceration for a motor vehicle offense, for a period of 6 months or more.
7. (g) For the purposes of (f)(7) above, any medical information that is older than 6 months shall not be considered current.
8. (h) When there is an outstanding implied consent revocation to be served, it shall not preclude the decertification process.
9. (i) If after a hearing, the habitual offender decertification is denied, the habitual offender certification shall remain in full force and effect. The habitual offender may request a decertification hearing once every year thereafter.

Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.06); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13