Saf-C 5400

CHAPTER Saf-C 5400 TRANSPORTATION NETWORK COMPANY RULES

PART Saf-C 5401 DEFINITIONS

Saf-C 5401.01 “Commissioner” means the commissioner of the department of safety.

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Saf-C 5401.02 “Department” means the department of safety.

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Saf-C 5401.03 “Digital network” means “digital network” as defined in RSA 376-A:1, II, namely, “any online enabled technology application service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.”

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Saf-C 5401.04 “Director” means the director of the department of safety, division of motor vehicles.

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Saf-C 5401.05 “Division” means the department of safety, division of motor vehicles. The term includes “department” as used in RSA 376-A:1, V.

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Saf-C 5401.06 “Driver” means “transportation network company driver” as defined in RSA 376-A:1, VI, namely, “an individual who:

(a) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

(b) Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.”

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Saf-C 5401.07 “Investigation” means a gathering of data by the investigator designated by the director concerning complaints as described in Saf-C 5406.

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Saf-C 5401.08 “Permit” means a permit issued by the department of safety, division of motor vehicles that is required by RSA 376-A:3 in order to operate as a transportation network company in New Hampshire.

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Saf-C 5401.09 “Personal vehicle” means “personal vehicle” as defined in RSA 376-A:1, III, namely, “a vehicle that is used by a transportation network company driver to provide a prearranged ride and is:

(a) Owned, leased, or otherwise authorized for use by the transportation network company driver; and

(b) Not a motor carrier or taxicab under RSA 376:2.”

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Saf-C 5401.10 “Prearranged ride” or “trip” means “prearranged ride” as defined in RSA 376-A:1, IV, namely, “the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include transportation provided through any of the following:

(a) A motor carrier or taxicab as defined in RSA 376:2.

(b) Shared expense carpool or vanpool arrangements.

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Saf-C 5401.11 “Report of investigation (ROI)” is a report generated by the investigator. The ROI contains a summary of the facts and data gathered during the investigation and the recommendation of the investigator for resolution of the complaint.

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Saf-C 5401.12 "Revocation'' means the termination by formal action of the division of a transportation network company operating permit. The revocation of any permit shall remain in effect until the expiration of the period of revocation. During the period of revocation, no application for renewal of said permit may be acted upon by the division. If the permit expires during the period of revocation, the person shall be required to obtain a new permit at the regular fee.

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Saf-C 5401.13 “Rider” means “transportation network company rider” as defined in RSA 376-A:1, VII, namely, “a person who uses a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.”

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Saf-C 5401.14 "Suspension'' means the temporary withdrawal, by formal action of the division, of a transportation network company operating permit for a period specifically designated by the division and until the reinstatement of the permit.

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Saf-C 5401.15 “Transportation network company” shall mean “transportation network company” as defined in RSA 376-A:1, V, namely, “a corporation, partnership, sole proprietorship, or other entity, that has a permit issued by the department and is operating in New Hampshire, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.”

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PART Saf-C 5402 GENERAL ADMINISTRATION

Saf-C 5402.01 Form.

(a) The Form RDMV 104 (rev 1/18) may be obtained in person, by mail, or electronically at https://www.nh.gov/safety/divisions/dmv/forms/index.htm, from the Division of Motor Vehicles, Registration Bureau, at 23 Hazen Drive, Concord, N.H., 03305, or at any motor vehicle substation.

(b) Whenever a person is required to complete the form, the following shall apply:

(1) The form shall be filled out completely;

(2) The form shall be typewritten or completed in a legible manner; and

(3) By signing the form, a person shall certify that the information on the form is true and correct to the best of the individual's knowledge and belief, subject to the penalty for making unsworn false statements under RSA 641:3.

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Saf-C 5402.02 Incomplete Form.

(a) The Form RDMV 104 (rev 1/18) shall be reviewed by the division in accordance with RSA 541-A:29.

(b) The submitting party shall be notified of any apparent errors or omissions and allowed to resubmit the form to the division. Incomplete applications shall not be permitted.

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Saf-C 5402.03 Failure to Comply with Statute or Rule.

(a) In the event an applicant fails to comply with RSA 376-A and these rules, the application shall be denied.

(b) The applicant shall be notified of the reason(s) for the denial.

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Saf-C 5402.04 Fees and Form of Payment. Whenever an applicant makes payment to the division for satisfaction of a fee, the following shall apply:

(a) Payment shall be made in the form of cash, check, money order or accepted credit cards;

(b) Checks and money orders shall be made payable to the "State of New Hampshire - M.V." Alternative terms, including but not limited to "State of New Hampshire - Safety," "New Hampshire Department of Safety," "Treasurer - State of New Hampshire," or "Director of Motor Vehicles" shall not be cause for refusal, provided it does not lend itself to endorsement by any party other than the State of New Hampshire;

(c) Unless otherwise provided in these rules, any fee prescribed by statute or rule shall be submitted at the same time as the application; and

(d) Protested checks shall be subject to the provisions of Saf-C 211.01 and Saf-C 211.04.

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Saf-C 5402.05 Checks.

(a) Post-dated checks shall not be accepted.

(b) Checks shall be for the exact amount due to the division.

(d) A 2-party check shall be accepted if:

(1) The state of New Hampshire is one of the parties;

(2) The applicant is the other party; and

(3) The check is for the exact amount due to the division.

(e) No check shall be accepted which is dated more than 90 days prior to receipt. In such an event the application shall be rejected, and the applicant shall be notified.

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Saf-C 5402.06 Disqualification for Permit.

(a) The applicant shall have never had its authorization to operate as a transportation network company suspended more than once, or revoked, in this or any other state or Canada in the 5 years prior to application for reasons that would also violate either RSA 376-A or Saf-C 5400, except that any such suspensions or revocations shall not disqualify the applicant if: .

(1) They were successfully appealed;

(2) An appeal of such suspension or revocation has been timely filed and is still pending, whether such appeal is filed before or after the sanction is effective; or

(3) The applicant is able to demonstrate that the suspension or revocation was not the result of a willingness to violate laws and regulations applicable to transportation network companies or the result of an unwillingness or inability to become familiar with such laws and regulations.

(b) The applicant shall have paid any and all fines related to these rules in full.

(c) Applicants disclosing pending appeals of suspensions or revocations of transportation network company authorization per (a) above shall provide the division with a copy of the final decision on appeal within 14 business days following such decision.

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PART Saf-C 5403 APPLICATIONS FOR PERMIT

Saf-C 5403.01 Applicant for Transportation Network Company Permit.

(a) An applicant for a transportation network company permit shall be an individual person or a corporation, partnership, or other legal entity who is seeking a permit to be issued in the name of such person or legal entity.

(b) In the case of a permit application by a corporation, partnership, or other legal entity, a person with authority to bind the legal entity shall sign the application.

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Saf-C 5403.02 Application for Transportation Network Company Permit.

(a) An applicant for a transportation network company permit shall complete and submit Form RDMV 104 “Transportation Network Company Application” (rev 1/18) to the division.

(b) An applicant shall sign and date the form, and in doing so, shall certify to the following: “In consideration of this application for a Transportation Network Company permit, the applicant further certifies that he or she is familiar with, and will abide by, all applicable statutes and rules. The applicant further certifies that he or she understands that a violation of any of the laws or rules issued by the Director, Division of Motor Vehicles, will be deemed sufficient cause for an administrative hearing, and penalties may be imposed.”

(c) Each applicant shall either certify that its transportation network company operating authorization has not been suspended more than once, or revoked, in any state or Canada within the previous 5 years as described in Saf-C 5402.06, or shall disclose any such suspensions or revocations, providing the following information for each such suspension or revocation:

(1) The State or Canadian province in which the suspension or revocation occurred;

(2) The effective date of the suspension or revocation;

(3) The expiration date of the suspension or revocation;

(4) The reason for the suspension or revocation;

(5) Whether the transportation network company has timely filed an appeal of the suspension or revocation which is still pending; and

(6) Whether the transportation network company has successfully appealed the suspension or revocation.

(d) All corporate and trade business names shall be registered with the New Hampshire secretary of state per RSA 349:1.

(e) Unless the applicant is a sole proprietor, the applicant shall submit with the application a copy of a current certificate of good standing issued by the New Hampshire secretary of state.

(f) The applicant shall submit the appropriate fee to the division, pursuant to RSA 376-A:3, along with the application.

(g) The applicant shall certify knowledge of the following statutory requirements and, if an initial applicant, the applicant’s intent to comply prior to commencing operations, or, if a renewal applicant, the applicant’s present compliance with those requirements, as follows, by indicating ‘Yes’ or ‘No’ on the Form RDMV 104 (rev 1/18):

(1) The TNC shall use a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, as required by RSA 376-A:1, V;

(2) The TNC shall disclose fares, fare calculations and rates, as required by RSA 376-A:5;

(3) The TNC shall display on its website or digital network a picture of its drivers, and the license plate number of the motor vehicles utilized for providing prearranged rides before the rider enters the driver's vehicle, as required by RSA 376-A:6;

(4) The TNC shall transmit an itemized receipt for the rider within a reasonable period of time following the completion of a trip, as required by RSA 376-A:7;

(5) The TNC or its drivers shall maintain the primary motor vehicle insurance as indicated in

RSA 376-A:8;

(6) The TNC shall ensure that all drivers carry physical or electronic proof of insurance coverage with him or her at all times during his or her use of a vehicle in connection with a TNC's digital network, as required by RSA 376-A:8;

(7) The TNC shall implement a zero tolerance policy per RSA 376-A:11;

(8) The TNC shall provide its zero tolerance policy on its website, as required by RSA 376-A:11;

(9) The TNC shall have procedures in place on its website for riders to report a complaint of a zero tolerance policy violation, as required by RSA 376-A:11;

(10) The TNC shall have procedures that implement the driver requirements of RSA 376-A:12;

(11) The TNC shall maintain records as required by RSA 376-A and the Saf-C 5400 rules;

(12) The TNC shall ensure that all vehicles in the TNC’s network are validly registered in a state or Canadian province, in accordance with RSA 376-A:12, II(e);

(13) The TNC shall ensure that a TNC driver’s person vehicle used to provide pre-arranged rides meets New Hampshire’s vehicle safety requirements for private motor vehicles as provided in RSA 266:27 through 266:29, RSA 266:31 through RSA 266:33, RSA 266:36 through RSA 266:38, RSA 266:40 through RSA 266:44, RSA 266:47 through RSA 266:51, RSA 266:54 through RSA 266:61-a, RSA 266:62-a, RSA 266:73 through RSA 266:78-c, RSA 266:78-e, and RSA 266:78-l through RSA 266:78-r, as applicable in accordance with the provisions of those statutes, as well as the motor vehicle safety requirements in the state or province in which they are registered, in accordance with RSA 376-A:13;

(14) The TNC shall implement a policy of nondiscrimination, as required by RSA 376-A:15; and

(15) The TNC shall provide riders with an opportunity to indicate whether or not they require a wheelchair accessible vehicle, as required by RSA 376-A:15.

(h) The following documents must be attached to every renewal application and must either be attached to every initial application or forwarded to the division by every initial applicant prior to commencing operations:

(1) A copy of proof of any insurance maintained by the transportation network company to comply with RSA 376-A:8;

(2) A copy of the transportation network company’s zero tolerance policy as required by RSA 376-A:11; and

(3) A copy of the transportation network company’s nondiscrimination policy required by RSA 376-A:15, I.

(i) If the applicant is not a sole proprietor, the applicant shall attach a notarized certificate of authority evidencing authority to bind the transportation network company.

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Saf-C 5403.03 Issuance of Transportation Network Company Permit.

(a) The division shall issue a transportation network company permit when the applicant:

(1) Completes and submits a completed form RDMV 104 along with the appropriate fee, pursuant to RSA 376-A:3; and

(2) Meets the requirements of RSA 376-A and these rules;

(b) The transportation network company shall have its permit available electronically upon request.

(c) A transportation network company permit shall not be transferred, borrowed, sold, or leased to any other person or entity and shall not be altered or modified in any manner.

(d) A transportation network company permit shall be presented to an individual authorized by the director upon demand or surrendered to the division, if required, after a hearing.

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PART Saf-C 5404 RENEWAL OF PERMIT

Saf-C 5404.01 Renewal of Transportation Network Company Permit.

(a) All transportation network company permits shall expire on the last day of the 12th month following the issuance of the permit.

(b) In order to renew a transportation network company permit, each applicant shall:

(1) Complete and submit form RDMV 104, per Saf-C 5403, along with the appropriate fee, pursuant to RSA 376-A:3; and

(2) Meets the requirements of RSA 376-A and these rules;

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PART Saf-C 5405 RECORD KEEPING AND AUDITS

Saf-C 5405.01 Record Keeping. Each transportation network company shall keep the following records:

(a) Records relevant to the enforcement of the transportation network company’s zero tolerance policy pursuant to RSA 376-A:11, as provided in Saf-C 5405.02;

(b) Individual trip records, as provided in Saf-C 5405.03;

(d) Driver qualification records, as provided in Saf-C 5405.05.

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Saf-C 5405.02 Zero Tolerance Enforcement Records.

(a) Records relevant to the enforcement of the transportation network company’s zero tolerance policy shall consist of:

(1) Rider complaints alleging a violation of the zero tolerance policy;

(2) Records reflecting a driver’s suspension of access to the TNC’s digital platform pending investigation;

(3) A copy of the TNC’s investigation into the complaint and any findings and conclusions; and

(4) Records reflecting any disciplinary actions taken by the TNC against a driver following an investigation of such driver for a violation of the zero tolerance policy.

(b) Records relevant to the enforcement of the transportation network company’s zero tolerance policy pursuant to RSA 376-A:11 shall be kept for 2 years, except that such records shall also be kept:

(1) During any investigation of any such rider zero tolerance complaint conducted by the transportation network company; or

(2) During any investigation by the division, of a complaint that the transportation network company has failed to investigate a rider zero tolerance complaint, provided that the division notifies the transportation network company of such investigation.

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Saf-C 5405.03 Individual Trip Records. The individual trip records that a transportation network company is required to keep pursuant to RSA 376-A:16, I, shall be kept for 1 year following the trip, or during any investigation conducted by the transportation network company into a complaint by the rider to whom the individual trip records pertain, whichever is longer.

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Saf-C 5405.04 Financial Records.

(a) Financial records shall consist of proof of insurance coverage required by RSA 376-A:8.

(b) Financial records shall be kept during any period of such coverage, including any modifications to such coverage, and for 3 years following the cancellation of such insurance.

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Saf-C 5405.05 Driver Qualification Records.

(a) Each transportation network company shall maintain records on each person deemed to be qualified per RSA 376-A:12 as a driver to accept prearranged rides through the transportation network company’s digital network.

(b) The driver qualification records shall include at least the following information:

(1) Driver's application for authorization to accept trip requests through a transportation network company’s digital platform, as required by RSA 376-A:12, I(a);

(2) The results of the local and national criminal background checks performed as required by RSA 376-A:12, I(b)(1);

(3) The results of the check of the U.S. Department of Justice National Sex Offender Public Website at https://www.nsopw.gov as required by RSA 376-A:12, I(b)(2);

(4) The results of the driving history research report required by RSA 376-A:12, I(c);

(5) Proof of current, valid registration for all vehicles used by the driver to provide prearranged rides;

(6) Proof of automobile liability insurance for all vehicles used by the driver to provide prearranged rides;

(7) Documentation that all personal vehicles used by the driver to provide prearranged rides meet New Hampshire’s vehicle safety requirements for private motor vehicles as provided in RSA 266:27 through 266:29, RSA 266:31 through RSA 266:33, RSA 266:36 through RSA 266:38, RSA 266:40 through RSA 266:44, RSA 266:47 through RSA 266:51, RSA 266:54 through RSA 266:61-a, RSA 266:62-a, RSA 266:73 through RSA 266:78-c, RSA 266:78-e, and RSA 266:78-l through RSA 266:78-r, as applicable in accordance with the provisions of those statutes, as well as the motor vehicle safety requirements in the state or province in which they are registered, provided that such documentation shall include the current, valid inspection sticker number displayed on each such vehicle, issued by the state or province in which the vehicle is registered;

(8) A copy of the driver’s current, valid driver’s license; and

(9) A copy of the driver’s written acknowledgment of notification of the transportation network company’s zero tolerance policy.

(c) The transportation network company shall maintain driver qualification records during the driver’s customer relationship with the transportation network company and for 3 years thereafter.

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Saf-C 5405.06 Audits.

(a) The transportation network company shall make the records required to be maintained by Saf-C 5405.01 available when requested to do so by any law enforcement officer or other authorized employee of the director who is acting within the scope of his/her official duties to ensure compliance with these rules.

(b) Within 14 business days of a request, via a secure delivery method, a transportation network company representative shall provide any records required to be maintained by these rules to the director, any auditor of the division, or other person authorized by the director.

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Saf-C 5405.07 Confidentiality of TNC Records. Pursuant to RSA 376-A:19, IV, any rider, driver, trip, or financial records inspected by the division or any duly authorized representative of the division under this chapter shall be designated confidential, shall not be subject to disclosure to a third party by the division or duly authorized representative of the division without the prior written consent of the transportation network company, and shall be exempt from disclosure under RSA 91-A. Nothing in this section shall be construed as limiting the applicability of any other exemptions under RSA 91-A.

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PART Saf-C 5406 COMPLAINTS AND HEARINGS

Saf-C 5406.01 Complaints.

(a) Complaints regarding transportation network companies shall be filed with the division in writing within one year of the occurrence giving rise to the complaint.

(b) The complainant shall state:

(1) The alleged violation of RSA 376-A or these rules; and

(2) All information available to support the complaint.

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Saf-C 5406.02 Subject Matter of Complaints. Complaints submitted to the division as described in these rules shall be limited to complaints against transportation network companies, and not drivers, for failing to act in accordance with the certifications made by the applicant pursuant to Saf-C 5403.02(g), as well as complaints having the following subject matter:

(a) Operating as a transportation network company without a permit in violation of RSA 376-A:3;

(b) Operating as a transportation network company as an entity other than a sole proprietorship without being authorized to conduct business in the state of New Hampshire through the New Hampshire secretary of state and remaining in good standing with that office;

(d) Failure to investigate rider complaints of drivers under the influence of drugs or alcohol, as required by RSA 376-A:11;

(e) Failure to suspend driver access to the digital network upon a rider complaint of driving under the influence of drugs or alcohol, as required by RSA 376-A:11;

(f) Allowing a driver to act as a driver on a transportation network company’s digital platform, who does not meet the criteria of RSA 376-A:12; and

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Saf-C 5406.03 Investigations Initiated by the Division. Nothing herein shall prevent the division from investigating alleged violations of RSA 376-A or these rules by transportation network companies, based on information other than formal complaints.

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Saf-C 5406.04 Investigations.

(a) Upon receipt of a complaint, the investigator designated by the director shall review the complaint as follows:

(1) If the complaint does not comply with Saf-C 5406.01, is facially invalid or fails to allege actions or omissions that the division is authorized to regulate by RSA 376-A and these rules, it shall be forwarded to the director for a decision; and

(2) If the complaint is in compliance with Saf-C 5406.01 and makes an allegation of acts or omissions that the division is authorized to regulate by RSA 376-A and these rules:

a. The investigator shall forward the complaint to any licensee who is identified in the complaint to request a response and any other data that is necessary based on the initial review of the complaint;

b. The licensee(s) shall respond to the request for information within 30 days of receipt of the request, unless an extension is granted for good cause, which shall consist of:

(i) Serious illness;

(ii) Hospitalization;

(iii) Incarceration;

(iv) Death of a family member; or

(v) Any other unforeseeable circumstance beyond the licensee’s control that prevents submission of the requested information to the division within 30 days of the receipt of the request.

c. The investigator shall obtain any necessary records described in Saf-C 5405.01-5405.06; and

d. If deemed necessary by the investigator, investigations in which there is a contemporaneous criminal investigation, imminent danger to safety, or concern about the destruction of evidence, shall be conducted on an ex parte basis.

(b) Upon receipt of the licensee’s response, the investigator shall make inquiry of any person and otherwise gather data in order to fully investigate the possible violation of any violation of RSA 376-A and these rules. The type, form, and extent of an investigation shall be determined by the need to examine acts of possible misconduct.

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Saf-C5406.05 Action on Complaint.

(a) Within 30 days after receipt of a complaint and completion of an investigation, the director shall review the complaint to determine whether any statutory basis exists for administrative action.

(b) If no basis for administrative action exists, the complaining party shall be notified within 30 days from the conclusion of the investigation, and the complaint shall be dismissed. In such a case, a hearing shall not be scheduled on the complaint.

(c) Upon investigating a complaint, if the director determines that the complaint is incomplete, or that additional information is required in order to determine whether a statutory basis exists for administrative action, the director shall temporarily defer any action and shall notify the complainant of any additional information that shall be required.

(d) If the director determines that a statutory basis exists for administrative action, the director shall schedule a hearing and issue notice thereof.

(e) The director shall dismiss any complaint when he or she determines that:

(1) The division has no authority to regulate the actions or omissions complained of; or

(2) There is no basis for administrative action in that the actions or omissions complained of do not constitute a violation of RSA 376-A or these rules.

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Saf-C 5406.06 Conduct of Hearings. All hearings shall be conducted pursuant to Saf-C 200.

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Saf-C 5406.07 Penalties; Suspension or Revocation.

(a) Except as provided in Saf-C 5406.10, and after notice, hearing, and a finding of failure to comply with RSA 376-A or these rules, the transportation network company shall be subject to an administrative fine, or the transportation network company’s permit shall be suspended or revoked, or both.

(b) Whether the permit shall be revoked or suspended, and the length of any such suspension, shall be determined by considering the following:

(1) Whether it is a repeat offense;

(2) The severity of the offense;

(3) The transportation network company’s ability to come into compliance with RSA 376-A and these rules; and

(4) When the current permit expires.

(1) The severity of the penalty shall be commensurate with the number of established offenses;

(2) The severity of the penalty shall be commensurate with the severity of the offenses;

(3) The severity of the penalty shall be commensurate with the extent of the transportation network company’s inability to come into compliance with RSA 376-A and these rules; and

(4) Notwithstanding any provision in this paragraph to the contrary, whether the permit shall be revoked shall depend upon whether or not the full penalty indicated by the facts and circumstances of the case is able to be imposed before the expiration of the permit.

(d) When a permit has been suspended for failure to comply with RSA 376-A or these rules, the suspension shall remain in effect for a maximum of one year. Following the suspension period, the authority shall be revoked if compliance has not been demonstrated.

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Saf-C 5406.08 Administrative Fines.

(a) For the purposes of this section, “violation” means a violation of the provisions of RSA 376-A or these rules.

(b) The amount of the administrative fine, and whether an administrative fine is imposed in addition to a suspension or revocation, shall be determined by considering the factors and criteria in Saf-C 5406.07(b) and (c).

(c) Any fine assessed pursuant to RSA 376-A:18, I, shall be paid in full within 30 days of receipt of the written order of the hearings examiner.

(d) For the purposes of (c) above, an order shall be sent first class mail and receipt shall be presumed to have occurred 3 days after the order is mailed.

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Saf-C 5406.09 Payment of Fines.

(a) Fines may be paid by mail or in person.

(b) In the event a fine is paid in person, it shall be made to the division at 23 Hazen Drive, Concord, NH 03305.

Department of Safety

Administrative Fine Payment

James H. Hayes Building

33 Hazen Drive

Concord, NH 03305;

(d) Payment shall be made in the form of cash, a personal check, cashier’s check or money order.

(e) For the purposes of (b) and (c) above, all checks and money orders shall be made payable to the "State of New Hampshire - M.V." Alternative terms, including but not limited to "State of New Hampshire - Safety," "New Hampshire Department of Safety," "Treasurer - State of New Hampshire," or "Director of Motor Vehicles" shall not be cause for refusal, provided it does not lend itself to endorsement by any party other than the State of New Hampshire.

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Saf-C 5406.10 Nonpayment of Fines.

(a) If the fine is not paid within 30 days of receipt of the order, the division shall send notice to the transportation network company to appear at an administrative hearing to show cause why its permit should not be revoked for non-payment of the administrative fine.

(b) The hearing shall be scheduled no earlier than 14 days from the date of the notice in (a) above.

(c) In the event the hearings examiner finds that a transportation network company has not paid its administrative fine, the transportation network company’s permit shall be revoked.

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Saf-C 5406.11 Appeals.

(a) A TNC may appeal a denial of an application by requesting a hearing with the bureau of hearings in accordance with Saf-C 200.

(b) The scope of the hearing shall be whether the division correctly determined that the applicant failed to comply with identified provisions of RSA 376-A or these rules.

(c) Pursuant to RSA 21-P:13, II-a, appeals from hearings on application denials and penalties imposed by these rules shall be pursuant to RSA 541.

(d) Pursuant to Saf-C 203.27, any suspension or revocation resulting from administrative action shall remain in full force and effect pending the outcome of the appeal or expiration of the sanction imposed.

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APPENDIX

Rule Number	Statute Implemented
Saf-C 5401.01	RSA 541-A:7
Saf-C 5401.02	RSA 541-A:7
Saf-C 5401.03	RSA 376-A:1, II
Saf-C 5401.04	RSA 541-A:7
Saf-C 5401.05	RSA 541-A:7
Saf-C 5401.06	RSA 376-A:1, VI
Saf-C 5401.07	RSA 376-A:3; RSA 541-A:7
Saf-C 5401.08	RSA 376-A:1, III
Saf-C 5401.09	RSA 376-A:1, IV
Saf-C 5401.10	RSA 376-A:1, VII
Saf-C 5401.11	RSA 376-A:1, V
Saf-C 5402—Saf-C 5404	RSA 376-A:3; RSA 376:19, I and II
Saf-C 5405.01	RSA 376-A:8; RSA 376-A:11; RSA 376-A:12; RSA 376-A:16; RSA 376-A:19, I, II and III(c) and (d)
Saf-C 5405.02	RSA 376-A: 11; RSA 376-A:19, I, II and III(c) and (d)
Saf-C 5405.03	RSA 376-A:16, I; RSA 376-A:19, I, II and III(c) and (d)
Saf-C 5405.04	RSA 376-A:8; RSA 376-A:19, I, II and III(c) and (d)
Saf-C 5405.05	RSA 376-A:8; RSA 376-A:11; RSA 376-A:12; RSA 376-A:16, II; RSA 376-A:19, I, II and III(c) and (d)
Saf-C 5405.06	RSA 376-A:19, I, II and III(a)
Saf-C 5405.07	RSA 376-A:19, IV
Saf-C 5406.01	RSA 376-A:19, I, II and III(e)
Saf-C 5406.02	RSA 376-A:19, I, II and III(e)
Saf-C 5406.03	RSA 376-A:19, I, II and III(e)
Saf-C 5406.04	RSA 376-A:19, I, II and III(e)
Saf-C 5406.05	RSA 376-A:18; RSA 376-A:19, I and II
Saf-C 5406.06	RSA 376-A:18; RSA 376-A:19, I and II
Saf-C 5406.07	RSA 376-A:19, I and II
Saf-C 5406.08	RSA 376-A:18; RSA 376-A:19, I and II
Saf-C 5406.09	RSA 21-P:13, II-a; RSA 376-A:18