New Hampshire § 236-78 - Section 236:78 Denial or Revocation of License or Permit; Nuisances; Orders for Removal.

§ 236-78. Section 236:78 Denial or Revocation of License or Permit; Nuisances; Orders for Removal.

I. A license under this subdivision may be denied or revoked, or a renewal denied, only: (a) for false or misleading information given in the application for such license or renewal or (b) for the erection or maintenance of advertising devices in violation of the provisions of this subdivision or rules and regulations of the commissioner of transportation adopted pursuant to this subdivision. A permit under this subdivision may be denied or revoked, or a renewal denied only: (a) pursuant to RSA 236:77 or (b) for failure to obtain or have a license, or (c) for false or misleading information given in the application for such permit or renewal, or (d) for the erection or maintenance of the advertising device permitted or to be permitted in violation of the provisions of this subdivision or rules and regulations adopted by the commissioner of transportation. The department shall notify an applicant, licensee, or permittee of a denial, nonrenewal, or revocation 30 days prior to taking final action. The applicant, licensee, or permittee may, within that 30 days, correct such information or violation, in which case the application, license, or permit shall be renewed or shall not be denied or revoked. The applicant, licensee, or permittee may also appeal the decision or action to the commissioner or designee within the 30-day period after such notice. Denial, revocation, and nonrenewal shall become final 30 days after such notice unless an appeal is filed. Hearings on denials, revocations, or nonrenewals shall be held in accordance with RSA 541-A. If a revocation of a license or permit or a determination that there should be a denial of a license or permit, or renewal thereof, is made after such a hearing the licensee or permittee, or applicant for such license or permit, or renewal thereof, shall have a right to a rehearing and a right of appeal as provided in RSA 541. II. Any advertising device, other than a nonconforming sign or any other advertising device maintained under permit, which is erected or maintained in violation of this subdivision or the rules and regulations of the commissioner of transportation adopted pursuant hereto shall be deemed a nuisance. A determination that an advertising device is a nuisance and an order for its removal shall be made by the commissioner only after a hearing upon 30 days' notice in writing to the owner of such device, provided, however, that such a determination and order for removal may be made without a hearing and without notice where a permit for such a device has been revoked or denied or renewal of such permit has been denied. If the commissioner cannot reasonably ascertain the name and address of the owner of the device, notice may be given by 3 publications of notice in a newspaper in the county where the device is located once in each week for 3 successive weeks, the last publication to be at least 30 days prior to such hearing. The owner of the device may within such 30 days correct any violation of the provisions of this subdivision or the rules and regulations of the commissioner adopted pursuant hereto, and in such case the device shall not be required to be removed and no hearing will be held. Application for a license or permit within such 30 days shall be deemed a correction of any failure to obtain such a license or permit. If a determination that an advertising device is a nuisance is made after such a hearing, the owner of such device shall have a right to a rehearing and a right of appeal as provided in RSA 541. Notwithstanding any provisions of RSA 541, no advertising device shall be required to be removed prior to a final determination that the license or permit should be denied or revoked or renewal thereof denied or that such device is a nuisance.