Quote:
Originally Posted by tis
The thing that hits me in the face about that is they keep saying this is NOT A LICENSE. It is just a safety course.
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Good point tis.
We have had this discussion before with some posters adamant that the State cannot revoke the certificate once it is issued.
However, in the case of the State of New Hampshire the law clearly states that after the appropriate hearing held by the Department of Safety the State does indeed have the authority to revoke the certificate it has issued for cause.
The rub?
The individual can then obtain a certificate from another State and operate legally. Director Barrett has publicly admitted this flaw and is working with the Legislature to correct this flaw.
However, the Hearings Officer has attempted to nullify this loophole by not only revoking the certificate for the maximum of one year, but to further suspend Blizzard's right to operate a vessel for a total of three years.
This additional three year suspension is in murkier legal waters, and an appeal by Moir could set a precedent to it's legality or force the Legislature to address any shortfalls in present law.
Why is this important?
If you are one of the number of New Hampshire residents operating on a legally obtained Certificate issued by another State, or using an approved Coast Guard or Auxiliary issued certificate/license then the State does not have an ability to suspend or revoke that certificate. That leaves them with a second option of suspending your right to operate within the State. Moir is intending to appeal this process. If he is succesful then until the laws are changed or modified convicted offenders will be able to operate a vessel regardless of the severity of their crime or the perceived abilty the State has on their ability to safely operate a vessel.
I expect it will be addressed either way in the next legislative session.