1. (a) A person's motor fuel and aviation distributor, biodiesel distributor, alternative fuel dealer, IFTA or motor fuel and petroleum products transporter license shall be suspended if he or she:

   1. (1) Files a report containing false data or information;
   2. (2) Fails, neglects, or refuses to file any report required by the road toll law, IFTA, or these rules;
   3. (3) Fails to pay the full amount of road tolls, penalties, interest, licensing, or any other required fees; or

   4. (4) Violates any provision of Title XXI of the New Hampshire revised statutes annotated or any corresponding administrative rule or any other applicable law, if:

      1. a. The violation is contrary to the public safety;
      2. b. There is a pattern of violations of the law and/or administrative rules; or
      3. c. The commissioner reasonably believes that suspension of the person's license will serve as a deterrent to future violations.
2. (b) The commissioner or his/her designee shall forward written notice of his/her intention to suspend a license to the last address of the person appearing on file. The suspension notice shall be sent by certified mail and shall state a time and place, at least 10 days after the date of the notice, at which the person may appear and show cause why his/her license should not be suspended.
3. (c) If the person fails to appear during the time specified in the notice of hearing, the commissioner or his/her designee shall suspend the person's license, unless the person demonstrates good cause for failing to appear as described in Saf-C 203.22(b).
4. (d) If the person appears for a hearing, the hearing shall be held before a hearings examiner and can include representatives of the administration.

5. (e) The scope of the hearing shall be limited to the following issues:

   1. (1) The status of the person's account with the administration;
   2. (2) The reason(s) the suspension action is being initiated; and
   3. (3) The reason(s) the person believes that his/her license should not be suspended.

6. (f) The hearings examiner shall:

   1. (1) Consider the issues and information presented at the hearing along with information from the records of the administration, as appropriate;
   2. (2) After consideration, determine whether to suspend the person’s license; and
   3. (3) Notify the person, in writing, of the decision.
7. (g) Following suspension of a license for any reason set forth in this section, a person shall be required to pay all outstanding road tolls, penalties, interest and fees prior to obtaining a new license or any privileges accorded to a licensee.
8. (h) When a previously suspended license has been restored, notice of the restoration shall be forwarded to the holder of the restored license.
9. (i) If a license has been issued without regard to the provisions of (h) above, or is issued in error, the commissioner or his/her designee shall suspend the license, after notice and opportunity for a hearing.
10. (j) The suspension of any license issued by the administration and not otherwise provided for shall be executed as prescribed in this section.

Source. (See Revision Notes #1 and #2 at Chapter Heading for Saf-C 300) #10032, eff 11-22-11; amd by #10753, INTERIM, eff 1-1-15, para (a) EXPIRED: 6-30-15; amd by #10890, eff 7-16-15; ss by #13186, eff 4-7-21 (See Revision Note #3 at Chapter Heading for Saf-C 300)