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Old 12-30-2008, 07:23 AM   #15
Skip
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Quote:
Originally Posted by Airwaves View Post
...While your boating priviledge may be recinded in NH for violating the law, NH can not recind your certificate of accomplishment of passing a safe boating class...
Again, the poster is incorrect.

RSA 270-D:13 (II) clearly gives authority to the State to revoke its issued certificate: ... II. Once issued, the certificate of safe boater education shall be valid for the lifetime of the person and may not be revoked by the department of safety or a court without cause and a hearing in accordance with RSA 541-A.


The State's Administrative Code lays out the reason and process to revoke the certificate in the passage I provide below:



Saf-C 6107.03 Revocation of Certificate.
(a) Upon showing of just cause, pursuant to RSA 270-D:13, II, a boating certificate shall be revoked after a hearing.
(b) The revocation period shall not exceed one year. Notwithstanding anything to the contrary, if after the hearing the hearing examiner finds that the holder of the safe boater education certificate shall benefit from reattending a safe boater education course, the hearing examiner shall set forth his or her findings in his or her order and the holder of the safe boater education certificate shall not have his or her certificate reinstated until he or she has complied with the hearing examiner's order.
(c) Just cause, for the purposes of (a) above, shall include, but not be limited to:
(1) Conviction of a boating while intoxicated; or
(2) Conviction of any act that indicates a reckless disregard for the safety of the public on the state's waters.
(d) For the purposes of this section, the scope of the hearing shall be limited to:
(1) A review of the court abstract;
(2) Whether the individual has been boating to endanger the public; and
(3) Whether the individual is the named person on the court abstract or complaint.



Finally, the State of New Hampshire cannot revoke an out of State certificate, just as it cannot revoke any other license or registration given by another State. However, just as it does under the motor vehicle code, the State can and does revoke the right to operate (in New Hampshire) any privilege granted by the out of State certificate/license or registration for cause.
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