§ 263:76 — Appeal From Suspension or Revocation

Any person whose license has been suspended or revoked, except where such suspension or revocation is mandatory, or any person who has been denied a license, may petition, within 30 days thereafter, the superior court in the county where such person resides. The court, upon 14 days' written notice to the director, shall determine, after hearing, whether the decision of the director is unreasonable or unlawful. The burden of proof shall be upon the petitioner. All findings of the director upon all questions of fact properly before him shall be deemed prima facie lawful and reasonable. The decision appealed from shall not be set aside or vacated except for errors of law, unless the court is satisfied, by a clear preponderance of the evidence before it, that such order is unjust or unreasonable. The provisions of RSA 263:56, IV shall apply in appeals concerning accidents involving motor vehicle fatalities.

Legislative History

1937, 85:1. RL 118:34. RSA 262:41. 1981, 146:1. 1985, 162:1. 1986, 193:3, eff. Aug. 2, 1986.