1. (a) A driver education provisional certificate shall be issued when the applicant:

   1. (1) Submits a completed application, along with the appropriate fee, pursuant to Saf-C 3104.04 and 3104.05;
   2. (2) Meets the requirements of Saf-C 3103.02 and Saf-C 3103.05;
   3. (3) Is physically capable of providing driver education instruction pursuant to Saf-C 3103.03;
   4. (4) Has successfully completed the written and on-road examinations pursuant to Saf-C 3103.04;
   5. (5) Has no disqualifying arrests or indictments that the applicant has disclosed pursuant to RSA 263:46-a, I;
   6. (6) Has no disqualifying convictions on the criminal history record check pursuant to Saf-C 3106.01(c) or that the applicant has disclosed pursuant to RSA 263:46-a, II; and
   7. (7) Has no disqualifying convictions on the motor vehicle record pursuant to Saf-C 3106.01(e).
2. (b) An applicant who requests a driver education provisional certificate in order to instruct driver education in an approved drivers’ school shall complete with a grade of C or 75 or higher, a minimum of 8 credits of approved college-level courses designed to meet the specific minimum instructor competencies set forth in Saf-C 3103.05(e)-(f).
3. (c) An applicant shall be deemed to have fulfilled the requirements of (b) above if the department of education, bureau of credentialing, determines that the applicant has demonstrated an equivalent competency through a documented assessment of comparable professional learning.
4. (d) A driver education provisional certificate shall be valid for a period of 2 years from the date of issuance of the certificate.

5. (e) Upon expiration of an initial driver education provisional certificate, an applicant may receive one additional provisional certificate if:

   1. (1) The applicant has not met the requirements of Saf-C 3105.02(c); and
   2. (2) The applicant has not been subject to an administrative action by the department of safety during the period of initial driver education provisional certification.
6. (f) An applicant who has been denied a driver education provisional certificate shall be provided an opportunity for an administrative hearing in accordance with the requirements of Saf-C 3106.01.

Source. #5367, eff 3-31-92; ss by #6711, INTERIM, eff 3-22-98, EXPIRED: 7-20-98 New. #7362, eff 12-1-00; ss by #9331, INTERIM, eff 11-26-08, EXPIRED: 5-25-09 New. #9568, eff 10-17-09; ss by #12509, eff 4-5-18 (See Revision Note at chapter heading for Saf-C 3100)