Quote:
Originally Posted by robmac
Skip I hope can correct me if I am wrong Tis but,the certificate much like a drivers license you are tested and is a privilege not a right. Having been found in violation that right can be taken away. I think this can and will be a very big legal issue to be settled by the courts. JMHO.
|
You and I are in agreement.
Below is the RSA in question and I have highlighted in red the subsection that the State believes allows it to revoke the certificate for just cause after the appropriate hearing.
270-D:13 Issuance of Safe Boater Education Certificate. –
I. The commissioner or designee shall issue a safe boater education certificate to a person 16 years of age or older who:
(a) Passes a safe boater education course approved by the commissioner in accordance with the criteria of the National Association of State Boating Law Administration. A classroom course shall provide a minimum of 8 hours of instruction. Passage of a safe boater education course shall require successful completion of a proctored examination administered by a person authorized by the commissioner in accordance with rules adopted by the commissioner. The minimum passing grade for the examination shall be 80 percent; or
(b) Passes a safe boater equivalency examination administered by persons approved to offer boating safety education courses. The minimum passing grade for the examination shall be 80 percent. A certificate issued to a person passing the equivalency examination shall specify that the certificate is issued as evidence of satisfactory completion of a safe boater examination and entitles the holder to operate a vessel on the public waters of New Hampshire.
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.
III. The commissioner, or designee, shall replace a lost or destroyed certificate upon written request of the person entitled thereto and payment of the prescribed fee, and such copy shall have the same form and effect as the original.
IV. Any person who successfully completes a safe boater education course or safe boater equivalency examination after reaching the age of 15 shall be issued a safe boater education certificate upon attaining the age of 16.