2008-685, APPEAL OF JEAN-GUY'S USED CARS & PARTS, INC.

RSA 261:129 (2004). We reverse.

called to tow vehicles for a variety of reasons, such as when a driver was upon by the department to do so. Pursuant to the agreement, Jean-Guy was agreement with the Pelham Police Department to tow vehicles when called

motor vehicle dealer license plates when responding to police tow calls violated

junk motor vehicle dealer). In January 2008, Jean-Guy entered into an motor vehicle dealership located in Pelham. See RSA 259:47 (2004) (defining The record supports the following facts. Jean-Guy is a registered junk

New Hampshire Department of Safety (DOS) that Jean-Guy’s use of its junk (Jean-Guy), appeals the decision of an administrative hearings examiner for the BRODERICK, C.J. The plaintiff, Jean-Guy’s Used Cars & Parts, Inc.

general, on the brief and orally), for the State. Kelly A. Ayotte, attorney general (Rosemary Wiant, assistant attorney

to press. Errors may be reported by E-mail at the following address: the plaintiff. Munilaw Group, of Epsom (Tony F. Soltani on the brief and orally), for

No. 2008-685 editorial errors in order that corrections may be made before the opinion goes Department of Safety Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any Readers are requested to notify the Reporter, Supreme Court of New ___________________________

a.m. on the morning of their release. The direct address of the court's home reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00

well as formal revision before publication in the New Hampshire Reports. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as reconsideration was denied. This appeal followed. p. 2 good behavior to mean no further violations.” Jean-Guy’s motion for

license for 60 days “with all 60 days held in abeyance for one year . . . based on

violated RSA 261:129. Accordingly, it suspended Jean-Guy’s junk dealership Jean-Guy’s use of junk dealer license plates to perform the towing services that the State’s interpretation of the statute was reasonable and ruled that

initial towing within the scope of junk motor vehicle business. The DOS found

or

vehicles it was called upon by the police department to tow did not bring the engaged in junk motor vehicle business activities related to some of the 261:129. The State argued, however, that the fact that Jean-Guy occasionally connection with [its junk motor vehicle] business” within the meaning of RSA

deemed unreasonable.” RSA 541:13. Findings of fact made by a hearings examiner are preponderance of the evidence before it, that such order is unjust or service in connection with his business. junk registration and plates], except for demonstration purposes permit to be used motor vehicles so registered [with motor vehicle vehicle was pulled clear of any hazard and was not towed from the scene. An automotive recycling dealer shall not rent or otherwise use or vehicle stuck in a ditch or perhaps a snow bank. In those instances, the provides: The dispute before us involves the interpretation of RSA 261:129, which

N.H. at 338. tow requests was lawful because the towing services comprised “a service in prima facie lawful and reasonable. Id.; Appeal of N.H. Fireworks, 151

vacated except for errors of law, unless the court is satisfied, by a clear Fireworks, 151 N.H. 335, 338 (2004). The decision will “not be set aside or clearly unreasonable or unlawful, see RSA 541:13 (2007); Appeal of N.H. bears the burden of proving that the decision of the hearings examiner was vehicle business. On other occasions, the police called Jean-Guy to free a RSA 260:6 (2004); N.H. Admin. Rules, Saf-C 2010.04, the appealing party When appealing a decision of the DOS pursuant to RSA 541:6 (2007), see

Guy argued that its use of junk dealer license plates when responding to police disagreed and was granted a hearing before the DOS. At the hearing, Jean-

body operation or resulted in Jean-Guy acquiring a vehicle for its junk motor

plates to retrieve the vehicle,

license plates when responding to police tow calls was unlawful. Jean-Guy At some point, a state trooper told Jean-Guy that its use of junk dealer

dealership. At times, the tow calls generated business for Jean-Guy’s auto

In these instances, Jean-Guy dispatched a tow truck with junk dealer license arrested, after an accident, or when a vehicle broke down or was abandoned. p. 3 Department and it had no relationship or arrangement with the vehicle owners it dispatched its tow trucks pursuant to the agreement with the Pelham Police services in this case are separate from its junk motor vehicle business because

into a damaged vehicle. The State contends, however, that Jean-Guy’s towing

the tows themselves junk-related service. incidentally lead to junk business for [Jean-Guy] does not make purchase a salvageable or rebuildable vehicle or parts, or to install used parts (arrests, pull-outs, accidents); that some of these calls may later

represented a potential opportunity to bring a vehicle to its dealership and to they arise from matters entirely unrelated to [its] business plates to benefit its junk motor vehicle business because each tow call junk license plates. According to Jean-Guy, it used the junk dealer license 3

said to be service in connection with [Jean-Guy’s] business when towing of the vehicles. The towing activities themselves cannot be intrinsically connected to its business in order to constitute a lawful use of incidental to and not intrinsically connected with [its] initial overall statutory scheme and not in isolation. not see fit to include. We interpret a statute in the context of the

it determined that Jean-Guy’s response to the police tow calls must be activities based on calls from the Pelham Police Department is construing the statutory phrase “service in connection with his business” when legislature might have said or add language that the legislature did (Quotation omitted.) Jean-Guy argues that the DOS erred by narrowly

Any business generated by [Jean-Guy] as a result of [its] towing intent from the statute as written and will not consider what the to respond to the tow calls violated RSA 261:129, the DOS reasoned that: ordinary meaning to the words used. We interpret legislative In ruling that Jean-Guy’s use of junk motor vehicle dealer license plates examining the language of a statute, we ascribe the plain and expressed in the words of a statute considered as a whole. When and intent is de novo. Id. 2009) (quotations and citations omitted). Our review of a statute’s meaning Petition of Farmington Teachers Assoc., 158 N.H. ___ , ___ (decided April 3,

[w]e are the final arbiter of the intent of the legislature as

vehicle dealer”). In matters of statutory interpretation, the purpose of this appeal. See RSA 259:47 (2004) (defining “junk motor “automotive recycling dealer” is the same as a “junk motor vehicle dealer” for a “motor vehicle junk registration and plates”). There is no dispute that an (Emphasis added.) See also RSA 261:123 (prescribing persons who may obtain benefit to its business.

p. 4 sending a tow truck whether a particular call could be of practical commercial

nature of any particular tow request such that it could determine before

nothing in the record suggests that Jean-Guy had advance knowledge of the not every tow call involved an abandoned, damaged or broken down vehicle, Jean-Guy was successful in furthering its junk motor vehicle business. While

plates were issued.

Indeed, the State concedes that on occasion, as a result of its towing activities,

customer base, the tow calls generated practical commercial opportunities for junk dealer license plates and the junk motor vehicle business for which the statute to require only a practical commercial relationship between the use of his business” as narrowly as the State suggests. Rather, we interpret the with car owners who might be disposed to selling or repairing their vehicles. mechanical failure. Consequently, the calls placed Jean-Guy in direct contact vehicles, vehicles involved in accidents, and those that had broken down due to

business. Nevertheless, by placing Jean-Guy in direct contact with a potential business activity that is separate and unrelated to its junk motor vehicle the towing services pursuant to an agreement with the police department, a modifier. Thus, we decline to construe the phrase “service in connection with

Jean-Guy received from the police included requests to remove abandoned

statutory meaning, the vehicle owners prior to any particular tow call and that Jean-Guy provided level of “connection” required by including “intrinsically” or some other Therefore, although a dictionary definition is not necessarily conclusive of The State emphasizes that no relationship existed between Jean-Guy and

connection with his business,” as we have construed it today. The tow calls

junk motor vehicle business. We note that the legislature did not specify the a whole does not inform us of the legislature’s intended meaning of the phrase.

unjust or unlawful given the broad meaning of the phrase “service in practical or active way.” We now review whether the decision of the DOS is clearly unreasonable,

between two reference points; here, the use of junk dealer license plates and a within the governing statutory scheme. Additionally, the statute considered as (unabridged ed. 2002). Thus, the term “connection” connotes a relationship

involvement),” and “a social, professional or commercial relationship in a thought (as of cause and effect, logical sequence, neutral dependence or “the state of being connected or linked,” “a relationship or association in intended meaning of language. The meaning of the term “connection” includes 2009), we may rely upon the dictionary to provide insight into the legislature’s

The phrase “service in connection with his business” is not defined

trucks. that would further its junk motor vehicle business prior to dispatching its tow p. 5 5

plates “in connection with [its] business” within the meaning of the statute.

DALIANIS, DUGGAN and HICKS, JJ., concurred.

burden of proving that the DOS decision was clearly unreasonable or unlawful. See RSA 261:129. Accordingly, we conclude that Jean-Guy has satisfied its

conclusively demonstrates that Jean-Guy used its junk motor vehicle license Jean-Guy’s junk motor vehicle business. Therefore, we hold that this record