New Hampshire Revised Statutes 487:11 – Appeal to Division; Notice and Hearing
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In New Hampshire Revised Statutes 487:11
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of environmental services. See New Hampshire Revised Statutes 487:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Whenever the person or occupant producing a certificate of registration which is taken up for violation of this chapter is not also the registered owner, that fact shall be made known to the department of safety, division of motor vehicles, at the time of its delivery to said division, whereupon it shall be the duty of the department of safety, division of motor vehicles, to give notice in writing of the fact of suspension and the reason for such suspension to the registered owner at the address appearing upon said registration. Such notice shall be by registered mail. Any registered owner whose certificate is suspended for violation of this chapter shall have 10 days from receipt of actual notice of said suspension to appeal to the division in protest of such suspension and to request a hearing on the question of such suspension. In such hearings the division shall have authority to compel the attendance of witnesses and the taking of testimony under oath and shall preserve in writing a summary of substantial evidence produced before it upon which any decision in such cases is rendered. Decisions of the division under this section shall be appealable pursuant to N.H. Rev. Stat. § 21-O:14. Nothing in this section shall operate to reinstate any certificate of registration pending a decision of the division other than by proof before it that the violation of this chapter for which the registration certificate was suspended no longer continues or by proof that no violation in fact occurred.