New Hampshire Administrative Code

(a) In order to reinstate a revoked license, a master or journeyman electrician shall, after the license has been revoked for 5 years, reapply and pass an examination for an initial license. (b) In order to reinstate a revoked license, a high/medium voltage electrician shall, aft…

(a) Each journeyman or master electrician shall obtain 15 hours of instruction on the following: (1) The changes to the latest published edition of NFPA 70, the National Electrical Code; and (2) At least one hour of instruction in changes to:a. RSA 319-C; b. These rules; and c. T…

(a) Any apprentice with a current NH apprentice identification card who has completed the requirements set forth in Elec 304.01(a)(2) but has not achieved a journeyman electrician license before the fifth renewal of the apprentice identification card shall successfully complete 3…

(a) Within 30 days of dissolution, the master electrician or the president, director, or partner of the corporation or partnership, shall furnish the OPLC with a copy of the dissolution forms filed with the NH secretary of state's office. (b) Within 30 days of a change in the nam…

(a) Within 30 days of a change in the master electrician, or high/medium voltage electrician responsible for the affairs of a corporation or partnership, the president, director, or partner of the corporation or partnership shall furnish the following: (1) A letter on company let…

Within 30 days of a change of address, any licensee, apprentice, or high/medium voltage trainee shall notify the OPLC, in writing or through electronic communication, of the new address. Notes N.H. Admin. Code § Elec 404.03 #10356, INTERIM, eff 6-6-13, EXPIRES: 12-3-13 (See Revis…

All electrical installations performed by licensees or those who have been issued apprentice or high/medium voltage trainee identification cards shall comply with the requirements of RSA 155-A:1, IV, as amended by the building code review board under RSA 155-A:10, V. Notes N.H. A…

(a) Electrical and high/medium voltage power distribution system installations performed by an apprentice shall be directly supervised by a master or journeyman electrician at all times. (b) A journeyman electrician shall directly supervise no more than one apprentice in the firs…

(a) Unprofessional conduct shall include but not be limited to the following:(1) Any violation of RSA 319-C or the board's administrative rules; (2) Failure to comply with local requirements regulating electrical installations; (3) Negligent or willful acts that negatively affect…

(a) A reprimand shall be a formal written letter sent to the licensee by the board through the OPLC. (b) Limitation of certification shall require the licensee to report, on a monthly basis, the locations of their jobs in NH and a list of employees, if any, with their license or …

(a) Disciplinary action against any license shall occur only after an administrative hearing before the board in accordance with the requirements of Elec 200. (b) After a hearing, if a finding is made by the board that misconduct has occurred, the board shall impose one or more o…

Presiding member" means the chair, or in the absence of the chair, the vice-chair of the unemployment compensation appellate board. Notes N.H. Admin. Code § Emab 101.01 Amended byVolume XXXIV Number 28, Filed July 10, 2014, Proposed by #10621, Effective 6/10/2014.

(a) The appellate board is part of the department of employment security for organizational purposes, in accordance with RSA 282-A:63. (b) The appellate board shall accept appeals in accordance with Emab 202. (c) The appellate board is comprised of the chair and vice chair, who a…

(a) Requests for information may be made by writing to the appellate board at the following address: NH Department of Employment Security Attention: Appellate Board 45 South Fruit Street Concord, New Hampshire 03301 (b) Mailings and correspondence to the appellate board in accord…

The appellate board's review is confined to the record. The appellate board does not receive or consider evidence and therefore rules relative to adjudicative hearings are inapplicable. The proceedings before the appellate board are not those intended to be included under RSA 541…

These rules shall govern procedure in appeals to the unemployment compensation appellate board. Notes N.H. Admin. Code § Emab 202.01 #10394, eff 8-9-13

The unemployment compensation appellate board, upon its own initiative or upon the motion of any party, shall waive any requirement or limitation imposed by Emab 202 upon reasonable notice to affected persons when the proposed waiver would be more likely to promote the fair, accu…

(a) "Appeal tribunal"' means the appeal tribunal of the department of employment security constituted under RSA 282-A:53. (b) "Board" means the unemployment compensation appellate board as provided by RSA 282-A:62. (c) "Chair" means the chair of the unemployment compensation appe…

(a) An appeal to the board shall be pursuant to the provisions of RSA 282-A:64, I. (b) An appeal shall be in writing and be directed to the board. The basis for such appeal shall be any one or a combination of the established grounds, as provided in RSA 282-A:65, I-V. (c) All app…

Pursuant to RSA 282-A:64, III, the commissioner shall provide the appellate board with a copy of all records related to the claim. If technologically and administratively feasible, records shall be transmitted in electronic format upon request. Notes N.H. Admin. Code § Emab 202.0…

(a) The board shall decline to review any appeal if it finds the appeal presents no substantial question within the board's jurisdiction as set forth in RSA 282-A:65. In such case the board shall issue an order of summary disposition. (b) Unless summarily disposed of under Emab 2…

Any request for action by the board shall be by motion. All motions and objections thereto, other than those made during a hearing, shall be made in writing. They shall state with particularity the grounds upon which they are made and shall set forth the relief or order sought. N…

The board shall make an order for consolidation as justice and convenience requires when the parties agree and the cases: (a) Have common issues of fact arising out of the same transaction or event; or (b) Involve common issues of law. Notes N.H. Admin. Code § Emab 202.08 #10394,…

(a) Copies of all decisions and orders shall be provided to all parties. The board shall retain a record of its decisions. (b) All written decisions of the board shall include a notice of appeal rights which shall state that a party may file a motion for reconsideration or motion…

(a) Any party may submit a written request for reconsideration or a motion for a new hearing within 20 calendar days after the date of mailing of any decision by the board. (b) A request for reconsideration or a motion for a new hearing shall:(1) Identify each alleged error of fa…

(a) The board shall, within 30 calendar days rule on a motion for reconsideration or order a new hearing. Reconsideration shall be granted only in those instances where the board believes it may have erred in its application of the criteria in RSA 282-A:65 to the record. Rehearin…

After 60 days has elapsed from the date of the mailing of the final decision by the board, the records, transcript, and all other papers, except for the decision in the case, shall be transferred to the department. Notes N.H. Admin. Code § Emab 202.12 #10394, eff 8-9-13

A party may withdraw its appeal at any time upon written request to the board. Notes N.H. Admin. Code § Emab 202.13 #10394, eff 8-9-13

(a) Upon his or her own initiative, or upon the motion of any party, a board member shall for good cause recuse himself or herself from participation in any hearing. (b) "Good cause" shall exist if a board member:(1) Has a direct interest in the outcome of a proceeding including …

At the hearing, the presiding member shall deny access to any person not a party nor a proper representative to the specific proceeding before the board, except upon agreement of the parties. Notes N.H. Admin. Code § Emab 202.15 #10394, eff 8-9-13

Persons who are determined to be disorderly or are disruptive to the proceedings at any hearing shall be removed. Notes N.H. Admin. Code § Emab 202.16 #10394, eff 8-9-13

(a) The board, after making a determination that a written transcript of the appeal tribunal or administrative hearing committee hearing is needed, shall order the production of such transcript, in whole or in part, upon request of any party to an appeal or the board's own initia…

(a) For purposes of this section, "ex parte communication" shall mean any communication prohibited by RSA 541-A:36. (b) Parties shall be prohibited from all forms of ex parte communication with members of the board while an appeal is pending, including, but not limited to, writte…

Since the appellate board does not have jurisdiction to issue declaratory rulings, petitions requesting declaratory rulings shall not be accepted by the board. Notes N.H. Admin. Code § Emab 203.01 Amended byVolume XXXIV Number 28, Filed July 10, 2014, Proposed by #10622, Effectiv…

(a) Under the provisions of RSA 541-A:4, submission of a petition to adopt a rule, or to amend or repeal an existing rule, shall be made in writing to the appellate board, and contain the following information: (1) The full name and address of the petitioner; (2) The purpose of t…

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the appellate board relative to rulemaking. Notes N.H. Admin. Code § Emab 205.01 Amended by…

These rules shall apply to all hearings required by state law to be conducted by the appellate board at which public comment shall be solicited, except that they shall not apply to appellate board hearings pursuant to Emab 202. Notes N.H. Admin. Code § Emab 205.02 Amended byVolum…

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date. (b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:6,…

(a) Public comment hearings shall be open to the print and electronic media. (b) The presiding member shall place limits on the activities of the media to avoid disruption in the following ways: (1) Limiting the placement of television cameras to certain locations in the hearing …

(a) The hearing shall be presided over by a moderator, who shall be the chair or vice chair. (b) The moderator shall: (1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) Place limits on the media to avoid disruption as set out in Emab 205.04(b); (4…

(a) Any person who wishes to speak on the issue or issues that are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be…

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the appellate board including: (a) The name and address of the person making the request; or (b) If the request is that of an organ…

The appellate board shall, within 90 days of receiving a request in accordance with Emp 206.01, provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final…

"Bureau" means a principal unit within the department. Notes N.H. Admin. Code § Emp 101.01 (See Revision Note at chapter heading for Emp 100) #10080, eff 1-30-12; renumbered by #10193, INTERIM (from Emp 101.05)

"Commissioner" means the commissioner of the department. Notes N.H. Admin. Code § Emp 101.02 (See Revision Note at chapter heading for Emp 100) #10080, eff 1-30-12; renumbered by #10193, INTERIM (from Emp 101.02)

"Department" means the New Hampshire department of employment security. Notes N.H. Admin. Code § Emp 101.03 (See Revision Note at chapter heading for Emp 100) #10080, eff 1-30-12; renumbered by #10193, INTERIM, (from Emp 101.01)

"Deputy commissioner" means the deputy commissioner of the department. Notes N.H. Admin. Code § Emp 101.04 (See Revision Note at chapter heading for Emp 100) #10080, eff 1-30-12; renumbered by #10193, INTERIM (from Emp 101.03)