1. (a) Instructors shall report to the program coordinator any convictions, guilty pleas, or nolo contendere pleas for violations of motor vehicle or criminal laws described in Saf-C 5302.01 within 48 hours of the judgment.
2. (b) Upon receipt of a report of judgment by an instructor, or receipt of information showing good cause, the department shall revoke or suspend an instructor’s certification, after notice and the opportunity for an administrative hearing.
3. (c) Good cause shall include any of the violations described in Saf-C 5302.01.
4. (d) Each instructor whose certificate is sought to be revoked or suspended pursuant to these rules shall be afforded notice and the opportunity for an administrative hearing.
5. (e) Each person requesting a hearing shall submit a written request to the Bureau of Hearings, 33 Hazen Drive, Concord, NH 03305.
6. (f) All administrative hearings shall be conducted in accordance with the provisions of Saf-C 200.

7. (g) The scope of the hearing shall include the following:

   1. (1) Review of the evidence submitted, pursuant to (a) through (c) above, that supports the revocation or suspension of a driver education instructor certificate:
   2. (2) Age of applicant;
   3. (3) Number of years of driving experience;
   4. (4) Type(s) of conviction, moving or non-moving;
   5. (5) Past history as it relates to current convictions;
   6. (6) Mitigating circumstances;
   7. (7) Evidence of any alcohol related convictions or violations within the preceding 10 years:
   8. (8) Evidence of a physical, mental, or emotional impairment that would preclude safe operation of a motor vehicle:
   9. (9) Evidence that the person is on any medication that would preclude safe operation of a motor vehicle: and
   10. (10) Any other evidence indicating the driver education instructor’s fitness to safely drive a motor vehicle or instruct driver education to pupils, both in the classroom and on the road.
8. (h) The department shall notify the applicant’s employer or superintendent of any decision from the bureau of hearings.

9. (i) Notwithstanding (b) above, the director shall revoke an instructor certificate immediately, pursuant to RSA 263:59, if they receive evidence that the instructor:

   1. (1) Is physically or mentally an improper or incompetent person to drive;
   2. (2) Is driving improperly so as to endanger the public; or
   3. (3) Has made a materially false statement in their application.
10. (j) Any person whose instructor certificate has been revoked pursuant to (i) above, shall be entitled to an administrative hearing in accordance with the provisions of Saf-C 200.

Source. #14174, eff 1-17-25