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Originally Posted by Bear Islander
...Just because NH now requires proctored exams for NH certificates does not necessarily mean that out of state certificates must be proctored. You are reading to much into the "meets or exceeds the requirements of this subdivision" language. And the MP have a long history of interpreting things the way they want...
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I totally agree, nothing in the NH law can require another State to require proctored exams. Other States and some online organizations that are NASBLA approved are still allowing the final exam to be taken online.
Where the rub is that when NH changed the law this year requiring proctored exams thay did not take in to account this factor. Therefore the requirement "meets or exceeds" is virtually impossible to enforce as there is no reliable way in the field to verify final test status from another State.
And as I said previously, the point is mute if the official policy of the NHMP is to accept all NASBLA certificates regardless of whether or not they meet the requirements of RSA 270-D:15.
However, if the policy of the State is to accept any other State issued NASBLA certificate then the law should be ammended to state just that, to remove the possibility of any ambiguity.
While researching this I am finding possibly yet another glaring loophole. Where NH motor vehicle code clearly requires a NH resident to obtain and maintain a NH driver's license, I have yet to find such a similar requirement with the NH boat-ed certificate. I still have some more searching to do and I am sure one of the fine folks over at NHMP can point me to the requirement. But what if such a requirement does not exist, and indeed anyone from NH could search around for a certificate from another State or organization with an online final exam?
I am still searching and will have an answer by the end of today...
Kind of reminds me of the overnight mooring debacle....
