Compliance Action; Disciplinary Enforcement

I. Participation in the state police tow list is a privilege and not a right. The director of the division of state police shall administer the state police tow list and shall ensure that towing, storage, roadside emergency service, and vehicle recovery performed at the direction or request of the division of state police are conducted in compliance with state law and rules adopted pursuant to RSA 541-A, and in a manner that promotes public safety and maintains the confidence of the motoring public. II. The director may take disciplinary action upon a finding, supported by satisfactory evidence, that a tow business or tow business employee has violated: (a) The provisions of RSA 106-B:29 through RSA 106-B:33; or (b) Any rule adopted pursuant to this subdivision. III. Disciplinary actions authorized under this section may include: (a) A verbal or written warning; (b) Suspension of a tow business, a tow business employee, or both, from participation in the state police tow list for a period not to exceed 2 years; or (c) Removal from the state police tow list. Tow businesses that are removed are eligible to reapply to the state police tow list after a period of not less than 2 years. IV. In determining the appropriate disciplinary action, the director shall consider the seriousness of the violation, any prior history of violations, and any resulting harm to the public or to property. V. Any person aggrieved by a disciplinary action imposed under this section may appeal the decision to the department of safety bureau of hearings and thereafter to the superior court in accordance with RSA 106-B:31, XIV.