New Hampshire Administrative Code

(a) A notice of a hearing issued by the department shall contain the following: (1) A statement of the time, place and nature of any hearing; (2) A statement of the legal authority under which a hearing is to be held; (3) A reference to the appellant's statement of appeal and its…

(a) A party or the party's representative, except for a claims representative providing assistance pursuant to RSA 282-A:134, shall file an appearance that includes the following information: (1) A brief identification of the matter; (2) A statement as to whether or not the repre…

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider: (a) Offers of settlement except where settlement would violate RSA 282-A:157; (b) Simplification of the issues; (c)…

Department staff shall have the same role in any enforcement or disciplinary hearing as in any other proceeding, including, as necessary, investigator, witness, claimant representative, department representative, presiding officer, non-presiding officer and clerk. Notes N.H. Admi…

Unless called as a witness or a party, a person who initiates an adjudicative proceeding by complaining to the department about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing. Notes N.H. Admin. Code § Emp 207.18 #7246, ef…

A non-party shall not intervene in a matter pending before the department. Notes N.H. Admin. Code § Emp 207.19 #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 …

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed or continued to a later date or time. (b) If a postponement or continuance is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has…

(a) If any party to whom notice has been given in accordance with Emp 207.14 fails to attend a hearing, the presiding officer shall either: (1) Dismiss the case, if the party with the burden of proof was also the appellant and fails to appear; (2) Hear the testimony and receive t…

(a) Each party shall attempt in good faith to make complete and timely response to requests for the voluntary production of information or documents relevant to the hearing. (b) When a dispute between parties arises concerning a request for the voluntary production of information…

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed as soon as the need for the information is discovered and either: (1) No later than the close of the hearing; or (2) If pursuant …

Pre-hearing disclosure of witnesses and exhibits shall be ordered when necessary for a full and fair presentation of the evidence at the hearing. Notes N.H. Admin. Code § Emp 207.24 #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 10-17-08; ss by #9296, eff 10-17-0…

(a) The department shall record the hearing by tape recording or other method that will provide a verbatim record. (b) Copies of tape recordings and transcriptions of hearings shall be provided pursuant to RSA 282-A:64, III, and shall be subject to the confidentiality provisions …

The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Emp 207.26 #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 …

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified. (b) Testimony shall be offered in the following or…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious, legally privileged or …

(a) Proposed findings of fact and conclusions of law shall not be submitted. (b) In lieu of proposed findings of fact and conclusions of law, parties may submit written arguments and summaries. Notes N.H. Admin. Code § Emp 207.29 #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) of this section and Emp 207.31. (b) Before the conclusion of the hearing, a party may request that the record be left o…

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previous…

(a) The department official shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the test…

(a) A motion for rehearing shall be filed within 14 days of the date of the department decision or order. (b) A motion for rehearing shall:(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered; (2) Describe how eac…

A motion for rehearing in a case subject to appeal under RSA 282-A shall be granted if it meets the requirements of RSA 282-A:60 or 67, as applicable. Notes N.H. Admin. Code § Emp 207.34 #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 10-17-08; ss by #9296, eff 10…

(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 commissioner, and contain the following information: (1) The full name and address of the petitioner; (2) The purpose of the …

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 department relative to rulemaking. Notes N.H. Admin. Code § Emp 209.01 #10056, eff 12-2…

(a) These rules shall apply to all hearings required by state law to be conducted by thedepartment at which public comment shall be solicited, except that they shall not apply to adjudicative hearings. (b) If any requirement set by these rules conflicts with an applicable statute…

(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 commissioner or designee 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 h…

(a) The hearing shall be presided over by a moderator who shall be the commissioner or a designee. (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 Emp 209.04(b…

(a) Any person who wishes to speak on the issue or issues which 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 b…

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 department including: (a) The name and address of the person making the request; or (b) If the request is that of an organizati…

The department shall, within 90 days of receiving a request in accordance with Emp 210.01, 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 form…

(a) When the department becomes aware of information that creates an issue concerning a claimant's eligibility to continue receiving unemployment compensation benefits, the department shall inform the claimant of the possibility that the claimant might receive a determination den…

"Break in service" means any period of one calendar week or more during which an individual who previously performed services, either as an employee or under a contract for services for an employing unit, performs no services. Notes N.H. Admin. Code § Emp 301.01 (See Revision Not…

"Casual labor" means services not in the course of the employing unit's trade or business which do not promote or advance the employing unit's trade or business and which are occasional, incidental, or irregular. Notes N.H. Admin. Code § Emp 301.02 (See Revision Note at chapter h…

"Contract for services" means any agreement for the providing of labor for the benefit of another. The term includes oral, written, formal, and informal agreements. Notes N.H. Admin. Code § Emp 301.03 #10349, eff 5-22-13 Amended by Volume XLII Number 10, Filed March 10, 2022, Pro…

Date of hire" means the first day an individual performs services for wages as defined in RSA 282-A:15, I, or for any other form of compensation, or pursuant to a contract for services. Notes N.H. Admin. Code § Emp 301.04 (See Revision Note at chapter heading for Emp 100) #10081,…

"Electronic media" means any form of portable storage of related information in an electronic format intended for use by a computer including without limitation compact disks, CD-ROMs and encryptedUSB flash drives which are compatible with department technology. Notes N.H. Admin.…

"Multistate employing unit" means an employing unit which has employees, or individuals whocontract for services, or both, in 2 or more states. Notes N.H. Admin. Code § Emp 301.06 #10349, eff 5-22-13 Amended by Volume XLII Number 10, Filed March 10, 2022, Proposed by #13344, Effe…

"Work state" means that state in which an individual is expected to perform a plurality of the individual's services. Notes N.H. Admin. Code § Emp 301.07 #10349, eff 5-22-13 Amended by Volume XLII Number 10, Filed March 10, 2022, Proposed by #13344, Effective 2/17/2022, Expires 2…

"Multistate employing unit" means an employing unit which has employees, or individuals who contract for services, or both, in 2 or more states. Notes N.H. Admin. Code § Emp 301.08 (See Revision Note at chapter heading for Emp 100) #10081, eff 1-30-12; renumbered by #10349 (from …

"Work state" means that state in which an individual is expected to perform a plurality of the individual's services. Notes N.H. Admin. Code § Emp 301.09 (See Revision Note at chapter heading for Emp 100) #10081, eff 1-30-12; renumbered by #10349 (from Emp 301.06) Amended by Volu…

(a) Whenever board, lodging, or any other payment in kind is considered as payment for services in addition to or in lieu of, rather than a deduction from, money payments, the employing unit shall use the cash values established in this section in computing the total wages payabl…

(a) Payments in kind for meals or lodging shall be considered remuneration for personal services unless: (1) The meals: a. Are furnished on the business premises of the employer for the convenience of the employer; b. Are furnished without charge for substantial non-compensatory …

(a) Tips and gratuities reported to the employer in writing shall be wages under RSA 282-A for all purposes, including, but not limited to: (1) Annual earnings; (2) Wage reports for "partial" benefits; (3) The calculation of wages for contributions both as to the amount of contri…

(a) Every employing unit, as defined in RSA 282-A:7 shall file with the department of employment security a fully and properly executed "Employer Status Report": (1) Within 30 days of furnishing any employment; (2) Within 30 days of becoming an employer as defined in RSA 282-A:8;…

(a)Every employer on or before the date contributions are due shall complete and file an "Employer Tax and Wage Report" supplied by the department of employment security at any of its offices or in an electronic format compatible with the department's technology. (b)Every employe…

(a) An employer who does not already have an online user account shall go to nhes.nh.gov and click on the "manage my employer UI account" link and then once at the New Hampshire Unemployment Insurance System (NHUIS) webpage, click on "Create an Employer User Account" and comply w…

An employer or agent who files Part 2 of the "Employer Tax and Wage Report" via electronic media, as specified in Emp 303.02 (d) (1), (2) and (3), shall comply with the following: (a) When the employer maintains electronic records, the employer's computer hardware or software sha…