New Hampshire Administrative Code

"Immediately available" means based on the current labor market the claimant is likely to successfully obtain such work in 27 or fewer calendar days. Notes N.H. Admin. Code § Emp 101.08 #10193, INTERIM, eff 10-1-12, EXPIRES: 4-1-13; ss by #10329-A, eff 5-7-13

Notes N.H. Admin. Code § Emp 101.09 #10193, INTERIM, eff 10-1-12, EXPIRES: 4-1-13; ss by #10329-A, eff 5-7-13 Repealed by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12391, Effective 9/28/2017.

"Not immediately available" means based on the current labor market the claimant is not likely to successfully obtain such work in 27 or fewer calendar days. Notes N.H. Admin. Code § Emp 101.10 #10193, INTERIM, eff 10-1-12, EXPIRES: 4-1-13; ss by #10329-A, eff 5-7-13

"Permanent work" means either work with no definite end date that is expected to last more than 26 weeks from the beginning date of such work, or work with a definite end date that is more than 26 weeks from the beginning date of such work. Notes N.H. Admin. Code § Emp 101.11 #10…

"Services" means the performance of labor for the benefit of another. Notes N.H. Admin. Code § Emp 101.12 (See Revision Note at chapter heading for Emp 100) #10080, eff 1-30-12; renumbered by #10193, INTERIM (from Emp 101.07)

"Substantially less favorable" means in the case of wages, total remuneration at a rate of less than 80 percent of the prevailing rate, including benefits, and in the case of non-remuneration conditions, materially reduced below the standard under which the majority of individual…

"Temporary work" means work with no definite end date that is expected to last 26 or fewer weeks from the beginning date of such work, or work with a definite end date that is 26 or fewer weeks from the beginning date of such work. Notes N.H. Admin. Code § Emp 101.14 #10193, INTE…

"Week" means the 7 consecutive calendar days beginning at 12:01 A.M. Sunday and ending at 12:00 midnight on the next succeeding Saturday, unless otherwise specifically defined in RSA 282-A. Notes N.H. Admin. Code § Emp 101.15 (See Revision Note at chapter heading for Emp 100) #10…

The department is under the direction of the commissioner. (a) The commissioner, senior administrator for the department, implements the policies and programs of the department, submits the budget and has a grant of authority pursuant to RSA 282-A:112. (b) The commissioner's offi…

The deputy commissioner isresponsible for all: (a) Duties assigned to him or her by the commissioner; and (b) Powers and duties of the commissioner in the event that the commissioner is, for any reason, unable to carry them out. Notes N.H. Admin. Code § Emp 102.02 (See Revision N…

(a) The position of house counsel is established by RSA 282-A:136. (b) The house counsel includes the department's general counsel and counsel. (c) The general counsel and counsel are appointed by the commissioner. (d) The general counsel and counsel are responsible for all dutie…

(a) The function of the employment service bureau is to operate the department's free public employment service. (b) The employment service bureau helps people find work through work search programs, employment information and economic and labor market information. (c) The employ…

(a) The unemployment compensation bureau is responsible for: (1) Paying benefits to eligible claimants temporarily unemployed or underemployed through no fault of their own; and (2) Collecting taxes from employers to fund the benefit payments. (b) The advisory council on unemploy…

(a) The function of the economic and labor market information bureau is to develop and disseminate labor market information and measure labor market outcomes. These activities assist public officials, private employers, educators and trainers, and the public in making decisions t…

(a) To the extent allowed by law, the department shall permit interested persons and/or entities to examine and copy department records. (b) Requests for information may be made by writing to the department, at 32 South Main Street, Concord, New Hampshire 03301 or by calling 224-…

The written appeal of an employing unit or employer who claims to be aggrieved by a determination made under RSA 282-A:94, shall set forth in detail the specific facts which constitute the basis of its case and/or argument as to the law. Notes N.H. Admin. Code § Emp 201.01 #2234,…

A hearing shall be scheduled promptly, and notice thereof shall state the date, time and place of hearing and be sent by first class mail to the affected persons at their last address according to the department records. A copy of the appeal shall be sent to all persons affected …

Testimony shall be taken under oath or affirmation and a verbatim record of the proceedings shall be made. Such records, reports, summaries and compilations of the department as are material shall constitute part of the evidence in the case upon introduction by department personn…

Such records, reports, summaries and compilations of the department as may be material shall be made available for examination by the parties at 32 South Main Street, Concord, New Hampshire. Parties desiring to examine said records shall, prior to the hearing, file a notice reque…

All parties shall have the right to testify, to present witnesses and to examine and cross-examine other parties and witnesses and department personnel with regard to the department records, reports, and summaries and compilations. Notes N.H. Admin. Code § Emp 201.05 #2234, eff 1…

In the interest of prompt administration of justice and without prejudice to the substantive rights of any party, any issue material to the appeal may be heard and decided though not specifically indicated as a ground for appeal or in the notice of hearing. Cases shall be consoli…

Adjournment, postponement and continuance shall be directed, granted or ordered for good cause shown, which shall include prejudice due to the inability of counsel or a critical witness to attend unless such inability is due to action or inaction on the part of the party. Notice …

Failure except for good cause such as accident or illness, to appear at any scheduled hearing, or to request a postponement or continuance of the hearing in advance thereof, shall be deemed to be a withdrawal of the appeal or waiver of right to be heard, as the case may be, and t…

The commissioner's decision shall be rendered promptly after the case is submitted, and shall contain a statement of the issues, the findings of fact, the conclusions, and the reasons therefor. Notes N.H. Admin. Code § Emp 201.09 #2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPI…

(a) An appeal to an appeal tribunal from a certifying officer's determination shall be in writing and filed in any office of the department within 14 calendar days from the date of mailing of said determination. The commissioner shall extend the time for filing pursuant to RSA 28…

These rules shall govern all petitions for approval of fees pursuant to RSA 282-A:158. Notes N.H. Admin. Code § Emp 204.01 #5137, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05 New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-3…

(a) Any individual claiming benefits may be represented by counsel or other duly authorized agent. No such counsel or agent shall either charge or receive for such services more than an amount approved by the commissioner or the commissioner's designee following the filing of a w…

(a) Upon receipt of an objection to a petition, or following expiration of the 14-day period for objecting, the commissioner or the commissioner's designee shall approve a fee in a reasonable amount. (b) A fee shall be considered reasonable if the following are true: (1) The time…

(a) Within 14 calendar days after the mailing of the decision on the petition for approval of fees, either party, except a party who failed to object to the original petition, may file a written request for reconsideration, stating specifically the reasons therefor. A decision sh…

(a) All evidentiary hearings under Emp 204 shall be held in accordance with Emp 201.02 - 201.08. (b) The commissioner or the commissioner's designee shall, in the notice of hearing, specify issues and/or questions of fact to be considered at the hearing if such is necessary to pl…

If there is an objection to a petition or a petition is not otherwise approved, the commissioner or the commissioner's designee shall identify the information relied upon in the decision and shall make written findings in support of the decision. Except as provided in Emp 204.04,…

(a) The commissioner or his designee shall waive the requirements or provisions of any of Emp 204 if: (1) Such waiver would not violate the right of all parties in a contested case to have an opportunity for an adjudicative proceeding, or all parties waive such right; and (2) The…

(a) Under the provisions of RSA 541-A:16, I(d), submission of a petition for a declaratory ruling, as defined at RSA 541-A:1,V, shall be in writing to the commissioner and contain the following: (1) A complete statement of the facts relating to the issues; (2) The full names and …

(a) Within 45 days after a petition for declaratory ruling has been received in the office of the commissioner the commissioner or his authorized representative shall determine whether additional information or representations are needed from the petitioner and shall request the …

(a) No other individual, partnership, limited liability company or corporation shall rely on a declaratory ruling issued to a petitioner. (b) A declaratory ruling issued with respect to a particular set of facts represents a holding of the department as to the particular set of f…

After deletion of the name of the petitioner, declaratory rulings shall be made available to the public and filed with the director of legislative services pursuant to RSA 541-A:16, II. To the extent that the identity of the petitioner can be discerned from the declaratory ruling…

Except when not allowed under RSA Emp 207.32(b) any and all records, reports, transcripts, or reproductions thereof, or other papers or electronically stored information submitted to or prepared by the New Hampshire department of employment security, which are no longer necessary…

The purpose of this section is to supplement to the extent applicable, the rules of the department and the procedures established under RSA 282-A relating to conduct of hearings. Notes N.H. Admin. Code § Emp 207.01 #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 1…

The rules in this part shall apply to adjudicative proceedings conducted under RSA 282-A only to the extent not addressed in RSA 282-A and in other rules of the department. Notes N.H. Admin. Code § Emp 207.02 #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 10-17-0…

"Party" means "Interested Party" as defined at RSA 282-A:42, III. Notes N.H. Admin. Code § Emp 207.03 #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 10-17-08; ss by #9296, eff 10-17-08 The amended version of this section by New Hampshire Register Volume 34, Numbe…

(a) All hearings shall be conducted for the department by a natural person appointed or authorized to serve as a presiding officer. (b) A presiding officer shall as necessary: (1) Regulate and control the course of a hearing; (2) Facilitate an informal resolution of an appeal; (3…

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or department official shall, for good cause withdraw from any hearing. (b) Good cause shall exist if a presiding officer or department official: (1) Has a direct interest in the outcome of a …

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be…

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the department on the actual date of receipt by the department, as evidenced by a date stamp placed on the document by the …

(a) All correspondence, pleadings, motions or other documents filed under these rules shall: (1) Include the title and docket number of the proceeding, if known; (2) Be legible; and (3) Indicate: a. Who is filing the document; and b. If the document is being filed by a representa…

(a) All notices, orders, decisions or other documents issued by the presiding officer or the department shall be delivered to all parties to the proceeding. (b) Delivery of all documents relating to a proceeding shall be made by personal delivery, by e-mail notice pursuant to Emp…

(a) Unless otherwise specified, all time periods shall be calendar days. (b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed. Note…