Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 263:75 · Appeal; Administrative License Suspension

Title
XXI: MOTOR VEHICLES
Chapter
263 · DRIVERS' LICENSES
Status
current
Official source linked
Yes
Official source Copy section link

263:75 Appeal; Administrative License Suspension. –

Copy link
I.

If the suspension is sustained after a hearing as provided in RSA 265:91-b, a person shall have the right to file a petition in the superior court in the county in which he was arrested to review the final order by the director or his authorized agent within 30 days of the date of the final order. Jurisdiction to hear such appeals is vested in the superior court.

Copy link
II.

At the earliest practical time, the court shall review the record as developed before the director or authorized agent, together with any written legal argument presented to the court. Based on that review, the court may affirm or reverse the decision of the director or agent or order that oral argument be held. As justice may require, the court may remand the case to the director or authorized agent for further findings or rulings. In no event shall the oral argument be held less than 14 days after notice has been provided to the director. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the director or agent shall not be raised before the superior court. The burden of proof shall be upon the appellant to show that the decision of the director or agent was clearly unreasonable or unlawful, and all findings of the director or agent upon all questions of fact properly before him shall be deemed to be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated except for errors of law, unless the court is satisfied, by a clear preponderance of the evidence before it, that the order is unjust or unreasonable.

Copy link
III.

No new or additional evidence shall be introduced in the superior court, but the case shall be determined upon the record and evidence transferred, except that in any case, if it shall be necessary in order that no party shall be deprived of any constitutional right, or if the court shall be of the opinion that justice requires the reception of evidence of facts which have occurred since the hearing, or which by reason of accident, mistake, or misfortune could not have been offered before the director or authorized agent, it shall remand the case to the director or authorized agent to receive and consider such additional evidence. Source. RSA 262-A:69-g. 1965, 238:1. 1981, 146:1. 1985, 162:1. 1992, 258:1. 1994, 347:1, eff. Jan. 1, 1995.

Copy link

Source note

Source. RSA 262-A:69-g. 1965, 238:1. 1981, 146:1. 1985, 162:1. 1992, 258:1. 1994, 347:1, eff. Jan. 1, 1995.

Source history

  • 1965, 238:1
  • 1981, 146:1
  • 1985, 162:1
  • 1992, 258:1
  • 1994, 347:1, eff. Jan. 1, 1995
  • RSA 262-A:69-g

Related materials

Bill relationships

  • 2026 HB1111 amend

    s to request accommodations and to verify eligibility, including provision for documentation review and notification of decision. 3 New Section; Retest Suspension Reform. Amend RSA 263 by inserting after section 7-a the following new section: 263:7-b Retest Suspension Reform. I. Any applicant who fails the driving portion of the license examination 3 or more times shall be subject to an administra

  • 2026 HB1111-FN amend

    s to request accommodations and to verify eligibility, including provision for documentation review and notification of decision. 3 New Section; Retest Suspension Reform. Amend RSA 263 by inserting after section 7-a the following new section: 263:7-b Retest Suspension Reform. I. Any applicant who fails the driving portion of the license examination 3 or more times shall be subject to an administra

  • 2026 HB1492 reference · effective 2027-01-01

    62:25, any person aggrieved by a decision of the commissioner or designee under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for review is filed within the [15-day] 30-day period, the owner or other person lawfully entitled to possession of the vehicle shall be deemed to have waived all rights to review under this s

  • 2026 HB1492-FN reference · effective 2027-01-01

    62:25, any person aggrieved by a decision of the commissioner or designee under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for review is filed within the [15-day] 30-day period, the owner or other person lawfully entitled to possession of the vehicle shall be deemed to have waived all rights to review under this s

  • 2026 HB414 reference

    n offense under the provisions of this title, after [due hearing] a hearing where the driver had reasonable notice of the possibility of license suspension prior to the hearing, for any cause not prohibited in RSA 263, which he or she may deem sufficient. 3 Effective Date. This act shall take effect 60 days after its passage. LBA 25-0886 1/2/25 HB 414-FN- FISCAL NOTE AS INTRODUCED AN ACT prohibiting the division of motor ve

  • 2026 HB414-FN amend

    otor vehicle. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; License Suspension; Failure to Pay Fines and Fees. Amend RSA 263 by inserting after section 56-g the following new section: 263:56-h License Suspension Prohibited for Unpaid Towing or Storage Fees. I. Under no circumstances shall the director suspend, revoke, or fail to renew a d

  • 2026 HB452 add

    ions specified in paragraph I, the person shall forthwith return the license to the director and the license shall become invalid. 3 New Section; Driver's License Issuance to Nonresident Aliens: Asylees. Amend RSA 263 by inserting after section 263:39-b the following new section: 263:39-c Driver's License Issuance to Nonresident Alien Asylees. Notwithstanding RSA 263:39-a, the commissioner shall not issue a driver's license

  • 2026 HB452-FN amend

    e person shall forthwith return the license to the director and the license shall become invalid. 3 New Section; Driver's License Issuance to Nonresident Aliens: Asylees. Amend RSA 263 by inserting after section 263:39-b the following new section: 263:39-c Driver's License Issuance to Nonresident Alien Asylees. Notwithstanding RSA 263:39-a, the commissioner shall not issue a driver's license to a p

  • 2026 SB39 amend · effective 2026-01-01

    state. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers' school courses. 2 New Section; Driver Training Program. Amend RSA 263 by inserting after section 19 the following new section: 263:19-a Driver Training Program. I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who ha

  • 2026 SB39-FN amend · effective 2026-01-01

    state. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers' school courses. 2 New Section; Driver Training Program. Amend RSA 263 by inserting after section 19 the following new section: 263:19-a Driver Training Program. I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who ha

  • 2026 SB617 amend · effective 2027-01-01

    safety bureau of hearings and thereafter to the superior court in accordance with RSA 106-B:31, XIV. 14 New Section; License Suspension; Failure to Pay Fines and Fees. Amend RSA 263 by inserting after section 56-g the following new section: 263:56-h License Suspension Prohibited for Unpaid Towing or Storage Fees. I. Under no circumstances shall the director suspend or revoke a driver's lice

  • 2026 SB617 reference · effective 2027-01-01

    62:25, any person aggrieved by a decision of the commissioner or designee under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for review is filed within the [15-day] 30-day period, the owner or other person lawfully entitled to possession of the vehicle shall be deemed to have waived all rights to review under this s

Opinions and discipline decisions mentioning this RSA