1. (a) A CDL 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 3119.041 and Saf-C 3119.02;
   2. (2) Meets the requirements of Saf-C 3118.02 through Saf-C 3118.05;
   3. (3) Has no disqualifying arrests, indictments or summonses, that the applicant has disclosed pursuant to RSA 263:46-a, I;
   4. (4) Has no disqualifying convictions on the criminal history record check pursuant to Saf-C 3121.01(c) or that the applicant has disclosed pursuant to RSA 263:46-a, II; and
   5. (5) Has no disqualifying convictions on the motor vehicle record pursuant to Saf-C 3121.01(e).
2. (b) An applicant who requests a CDL driver education provisional certificate in order to instruct driver education in an approved drivers’ school shall complete a driver training program compliant with 49 CFR 380.
3. (c) A CDL driver education provisional certificate shall be valid for a period of 2 years from the date of issuance of the certificate.

4. (d) Upon expiration of an initial CDL driver education provisional certificate, an applicant who otherwise meets the requirements of Saf-C 3120.01(a) above may receive one additional provisional certificate if:

   1. (1) The applicant has not met the requirements of Saf-C 3120.02(b); and
   2. (2) The applicant has not been subject to an administrative action by the department during the period of initial CDL driver education provisional certification.
5. (e) An applicant who has been denied a CDL driver education provisional certificate shall be provided an opportunity for an administrative hearing in accordance with the requirements of Saf-C 3121.01.

Source. #13171, eff 2-22-21