New Hampshire Code of Administrative Rules Saf - Department of Safety
Key Areas of the Saf-C Administrative Rules
1. Procedural and Hearing Rules (Saf-C 200)
This chapter outlines the procedures for administrative hearings conducted by the Department of Safety. It includes rules on the admissibility of evidence, the conduct of hearings, and the rights of individuals involved in hearings. For instance, Saf-C 203.19 specifies that hearings are not bound by common law or the rules of evidence, allowing for a broader range of admissible evidence
2. Driver License and Registration Actions (Saf-C 204)
This section addresses actions related to driver licenses and vehicle registrations. Saf-C 204.13, for example, allows the commissioner to issue an order requiring a person to appear and show cause why their driver's license or operating privilege should not be revoked or denied if they are considered hazardous to public safety
3. Administrative License Suspension (Saf-C 2800)
These rules pertain to the administrative suspension of driver's licenses. Saf-C 2804.01 outlines the process for requesting an administrative review or hearing following a license suspension, specifying that such requests must be made in writing and will not delay the effective date of the suspension
4. Vehicle Inspection Requirements (Saf-C 3200)
This chapter details the requirements for vehicle inspections in New Hampshire. For example, Saf-C 3217.06 states that a vehicle with tinted glass shall be rejected if it has aftermarket tinting on the windshield or on the windows to the left or right of the driver unless a medical waiver has been obtained
5. Sexual Offender Registration (Saf-C 5500)
These rules pertain to the registration of sexual offenders and offenders against children under the LENS system. Saf-C 5506.01 provides a process for individuals convicted under laws of other jurisdictions to request a hearing to determine if their offense is reasonably equivalent to an offense requiring registration under New Hampshire law
Case Law Interpretation
In the case of Fischer v. NH State Building Code Review Board, the New Hampshire Supreme Court addressed the preemption of administrative rules by statutes. The court ruled that an administrative rule (Saf-C 6006.02) was preempted by the adoption of RSA 155-A:11, which provides that appeals from the state fire marshal's decisions shall be heard by the board. Since an administrative rule cannot contravene a statute, the rule must yield, and the plaintiff was not entitled to a hearing by the fire marshal
Conclusion
The Saf-C administrative rules play a crucial role in maintaining public safety and ensuring due process in administrative procedures in New Hampshire. They provide a framework for the Department of Safety to regulate various aspects of public safety, from vehicle inspections to the registration of sexual offenders. Understanding these rules is essential for individuals and entities interacting with the Department of Safety to ensure compliance and protect their rights.
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