Appealing a Decision
How to appeal a decision of the Bureau of Hearings.
Any decision of the Bureau may be appealed. There are various appeal rights depending on the type of hearing.
Any Driver License Suspensions or Denial of Driver's License are appealed under the provisions of RSA 263:76. Such an appeal is made to the Superior Court in the county of residence of the appealing party and must be filed within 30 days of the final action of the Bureau.
Habitual Offender – may appeal in accordance with RSA 262:25. The appeal must be to the Superior Court in Merrimack County, Concord, NH. Any appeal must be filed within 30 days of the habitual offender certification or denial of decertification, or the decision is final.
Implied Consent Suspension: Suspensions under RSA 265-A:30 (implied consent law) may be appealed, after hearing, to the Superior Court in the county of the arrest. The appeal is authorized by RSA 265-A:34. The appeal must be filed within 30 days of the final decision. Only the arrested person may appeal to the Superior Court.
Director's Review Of Implied Consent Suspension Decision: Both the state and the arrested person have the opportunity to file for a Director's Review in accordance with RSA 265-A:33. Any request for Director's Review must be filed with the Director of Motor Vehicles within 10 calendar days of the issuance of the decision. The petition must conform with Saf-C 2804.09.
All petitions for Director's Review must be addressed as follows:
Director of Motor Vehicles
Attn Director's Review
Department of Safety
23 Hazen Drive
Concord, NH 03305
A person (the licensee) aggrieved by the recommendation is not required to file for a director's review in order to preserve his or her right to a superior court appeal pursuant to RSA 265-A:34.
strong>Appeals from Other Types of Hearings Held at the Bureau of Hearings are as Follows:
- RSA 260:6-a Inspection Stations (Appeal to Supreme Court per RSA 541:3 and RSA 541:6, but may also request administrative review by Commissioner)
- RSA 106-F:13 Private Detective License (Appeal to Superior Court within 30 days)
- RSA 260:51 Road Toll (Appeal to Superior Court within 30 days)
- RSA 264:1 Uninsured Accident Hearing (Appeal to Superior Court of residence or location of accident within 10 days)
- RSA 263:76 Fatal/Serious Injury (Appeal to Superior Court of residence within 30 days)
- RSA 651-B:I0,II Registration of Criminal Offender (Appeal to Superior Court)
- RSA 263:14 Under 20 suspension (Appeal to Superior Court in county of residence within 30 days)
- RSA 263:56 Demerit points, improper driving, incompetent driving, medical issues, misuse or abuse of driving privileges, abandoned vehicle (Appeal to Superior Court in county of residence within 30 days)
- RSA 265-A:36-a Interlock Installation (Appeal to Supreme Court per RSA 541:6 after appropriate Motion for Rehearing under RSA 541:3)
- RSA 263:56-f EZ Pass registration suspension (Appeal to Superior Court within 30 days)
- RSA 375-A, RSA 376 Common Carrier (Appeal to Supreme Court per RSA 541:6 after appropriate Motion for Rehearing under RSA 541:3)
- RSA 261:103-a and 261:177 Auto Dealer (Appeal to Supreme Court per RSA 541:6 after appropriate Motion for Rehearing under RSA 541:3)
- RSA 263:47 Driving School and Driver Education Certificate (Appeal to Supreme Court per RSA 541:6 after appropriate Motion for Rehearing under RSA 541:3)
- RSA 270:12 Operating Restrictions (Watercraft) (Appeal to Supreme Court per RSA 541:6 after appropriate Motion for Rehearing under RSA 541:3)
- RSA 263:94 Commercial Driver License (appeal to Superior Court in county of residence within 30 days)
- RSA 153-A EMS (Appeal to Supreme Court per RSA 541:6 after appropriate Motion for Rehearing under RSA 541:3)