Quote:
Originally Posted by Airwaves
...My entire point is that a certificate of accomplishment is not a license. A license has a finite lifespan. Certainly NH can revoke a person's right to operate a boat on NH waters but they can not revoke a certificate of accomplishment...
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Firmly but politey, you are in error.
I can inform the reader from direct professional experience that the State can revoke a NH Boater Certificate, no matter how much you want to quibble over the definition of "license", as allowed clearly by State statute.
Let me quote the State statute (RSA) directly to eliminate any lingering confusion:
270-D:13 Issuance of Safe Boater Education 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. ...
I have already pointed out to you, in a previous post, the applicable portions of RSA 541-A that govern the hearing process that dictates the procedures necessary for a Court or the DOS to revoke your NH issued boating certificate.
Let me make it even simpler with a little phrase I was introduced to several decades ago at the NH Police Academy:
...What the State giveth (by RSA) then the State can taketh away (by RSA)...
And finally, the Administrative process for revocation:
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.
Anyway, this issue is not in dispute as the authority to revoke with just cause is clearly annotated in State law.
Hope this explains it a little better for you, but as always I encourage you to call 603-293-2037 and have the Duty Supervisor explain it to you directly.
Safe Boating,
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