New Hampshire Administrative Code

(a) If the parties come to an agreement as a result of conciliation, a written conciliation agreement shall be drafted and then signed by the director and the parties. (b) The written conciliation agreement shall include the following: (1) The negotiated terms of the agreement, i…

The case shall be closed when: (a) The conciliation agreement has been signed by the parties and the director; and (b) Any payments or attachments specified in the agreement have been received by the party entitled to them. Notes N.H. Admin. Code § Hum 211.03 #6686, eff 2-5-98, E…

The commission shall close a case administratively when: (a) The complainant or the complainant's attorney withdraws the complaint and the complaint is not reinstituted pursuant to Hum 214.02; (b) The director determines that a complaint is, on its face, outside the jurisdiction …

(a) Whenever a complainant whose case is pending before the commission files suit in federal or state court on the basis of the same facts and legal theory as are before the commission, the director shall close the case before the commission pursuant to RSA 354-A:25. (b) In emplo…

(a) Any party wishing to reopen a case administratively closed pursuant to Hum 212.01(b) through (h) shall: (1) File a motion within 30 days of receipt of the closure letter including:a.A request to reopen; b.The grounds for the request; c.A statement of compliance with (2) and (…

(a) A complaint may be withdrawn by the complainant or the complainant's attorney at any time by completing the appropriate form chosen from the following: (1) The withdrawal form, further described in Hum 215.01, for complaints brought pursuant to RSA 354-Aonly and on file only …

(a) A complainant wishing to reinstitute a complaint shall: (1) File a written motion stating: a.The request to reinstate the complaint; b.The reasons for the request; and b.Compliance with (2) and (3) below; (2) Forward a copy of the motion to all other parties; and (3) Seek con…

(a) A complainant withdrawing a complaint made pursuant to RSA 354-A only shall complete a form calling for:(1) Written statement of the reason(s) for the withdrawal; and (2) The date and the signature of the complainant or the complainant's attorney. (b) The effect of the signat…

(a) A complainant withdrawing a complaint under RSA 354-A and Title VII of the Civil Rights Act of 1964, dually filed with the commission and the EEOC, shall complete a form calling for:(1) A written statement of the reason(s) for the withdrawal; and (2) The date and the signatur…

(a) A complainant withdrawing a complaint under RSA 354-A and the Age Discrimination in Employment Act, dually filed with the commission and the EEOC, shall complete a form calling for:(1) A written statement of the reason(s) for the withdrawal; and (2) The date and the signature…

(a) A complainant withdrawing a complaint under RSA 354-A and the Americans with Disabilities Act, dually filed with the commission and the EEOC, shall complete a form calling for:(1) A written statement of the reason(s) for the withdrawal; and (2) The date and the signature of t…

(a) A complainant withdrawing a complaint under RSA 354-A, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act, dually filed with the commission and the EEOC, shall complete a form calling for: (1) A written statement of the reason(s) for the wi…

(a) Unless governed by other more specific rules in this chapter, requests for actions to be taken by the investigating commissioner shall be made by motions meeting the requirements of (b) below. (b) Motions shall: (1) Be in writing and signed by the proponent or the attorney fo…

(a) An objection to a motion filed pursuant to Hum 216.01 shall be filed within 10 days after the motion was filed. (b) Supporting memoranda, documents and copies of any cited court cases shall be filed with the objection, unless a continuance for a later filing has been sought a…

Motions shall be decided by the investigating commissioner without an oral hearing, provided that an oral hearing shall take place under the following circumstances: (a) When scheduled at the commission's own initiative; or (b) Upon a party's request when the investigating commis…

(a) The parties may take depositions by agreement, provided that: (1) Depositions are limited to 3 individuals chosen by each party; or (2) Additional depositions are permitted by the investigating commissioner pursuant to (b) below. (b) Additional depositions shall be:(1) Sought…

(a) In the absence of an agreement to take a deposition, the party objecting to a deposition being sought shall request relief from the investigating commissioner by filing a motion subject to the motion rules in Hum 216. (b) The investigating commissioner shall grant the motion …

The party requesting a deposition, or receiving the investigating commissioner's approval to take a deposition, shall: (a) Pay the cost of the deposition; and (b) Provide a copy of the deposition transcript to the opposing party(ies) and to the commission. Notes N.H. Admin. Code …

(a) A party may serve no more than 20 interrogatories on any opposing party. (b) Interrogatories shall be mailed by certified mail, return receipt requested. (c) Answers to interrogatories shall be: (1) Verified; and (2) Returned to the party serving the interrogatories and to th…

(a) If a party served with interrogatories wishes to object to any of them, the party shall: (1) File a statement of objection within 10 days of receipt of the interrogatories; (2) Include in the statement of objection the reason(s) for the objection; and (2) At the time of filin…

(a) Prior to the issuance of a notice of public hearing, parties and their attorneys shall have access to all information and documents contained in the case investigative file except those considered confidential pursuant to (b) below. (b) The following shall be considered confi…

(a) Upon request, parties may obtain copies of materials in the investigative file which are not confidential. (b) The commission shall not charge a fee for 25 or fewer pages. (c) The commission shall charge the commission's costs for more than 25 pages. Notes N.H. Admin. Code § …

(a) All information and documents contained in an investigative file shall be made available to the U.S. Equal Employment Opportunity Commission and the U.S. Department of Housing and Urban Development if the complaint has been filed with both the commission and the federal agenc…

(a) No information regarding complaints filed, investigation of complaints, pre-determination settlement negotiations, or conciliation negotiations shall be disclosed to the public by any commissioner or staff member prior to issuance of a notice of public hearing after a finding…

(a) After a complaint is filed, commission staff shall establish deadline(s) for submission by the parties of the statements and documents described in Hum 207.01 and Hum 207.02. (b) The deadline(s) established pursuant to (a) above shall be within 6 weeks of the date(s) of the r…

(a) The parties may request by oral or written motion that a deadline for the submission of documents or a scheduled date for an interview or a conference be postponed and rescheduled for good cause as further described in Hum 220.03(b). (b) Parties requesting such postponement a…

(a) The investigator shall grant motions to postpone and reschedule a deadline for the submission of documents or a scheduled date for an interview or a conference for good cause as set forth in (b) below. (b) Good cause for postponement and rescheduling of a deadline for submiss…

(a) Any person wishing a waiver of one or more rules in this chapter shall request such a waiver by:(1) Submitting a written motion complying with (b) below; or (2) If time is insufficient for the submission of a written motion and of objections thereto, making an oral motion sta…

The investigating commissioner or staff person who is responsible for applying the rule to be waived shall waive the rule if the waiver: (a) Appears to be lawful; and (b) Is more likely to promote the fair and accurate management of the matter than would adherence to the particul…

(a) "Appearance" means a written notification to the commission that counsel for a party, intervenor or witness intends to actively participate in a public adjudicative hearing. (b) "Complaint" means a written verified statement charging illegal discrimination under RSA 354-A. (c…

The rules of this chapter shall apply to public adjudicative hearings scheduled after a determination of probable cause which: (1) Has not been altered upon reconsideration pursuant to Hum 210.03; and (2) Has not been resolved through conciliation pursuant to Hum 211. Notes N.H. …

(a) An attorney who is an active member in good standing of the Bar of New Hampshire may represent a client at a public adjudicative hearing by:(1) Participating in the hearing and pre-hearing conference(s); (2) Signing documents on behalf of his or her client, except as otherwis…

(a) An attorney representing a party or other person before the commission at a public adjudicative hearing shall file a written notice of appearance. (b) An attorney who ceases a representation for which the attorney has filed a written notice of appearance shall immediately fil…

Pro hac vice representation shall be in accordance with the provisions regarding such representation set forth in Hum 204.02, Hum 204.03 and Hum 204.04. Notes N.H. Admin. Code § Hum 303.03 (See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07

The chair of the commission shall: (a) Schedule the public adjudicative hearing; (b) Designate the hearing commissioners; (c) Designate himself or herself or one of the hearing commissioners to act as presiding officer; and (d) Designate a commissioner to act as presiding officer…

(a) By decision of the commission pursuant to RSA 354-A:5, III the director shall: (1) Schedule the pre-hearing conference(s) and preside over them, with the exception of ruling on motions and objections; (2) Accept the filing of motions and objections at the pre-hearing conferen…

(a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time shall begin with the day after the action or event which sets the time period in motion, and shall include the last day of th…

After a notice of a public adjudicative hearing has been issued: (a) The parties and intervenors shall have access to all information and documents in the case file, with the exception of investigation notes and internal memoranda of the commissioners and staff; and (b) The parti…

(a) The parties and other participants in the proceedings may request by motion that a pre-hearing conference, hearing date or other matter be continued and rescheduled for good cause as further described in Hum 305.03. (b) Proponents of motions for continuance and rescheduling s…

Objections to motions for continuance and rescheduling shall be: (a) Filed within 10 days of the filing date of the motions objected to, if the motions are in writing; and (b) Made at once, if the motions are made orally. Notes N.H. Admin. Code § Hum 305.02 (See Revision Note at …

(a) Motions for continuance and rescheduling shall be granted for good cause, including:(1) Illness or injury which prevents a party or other participant in the proceedings from timely: a.Preparing and making required filings; b.Preparing for a pre-hearing conference or hearing; …

(a) A written notice of public adjudicative hearing issued to all parties at least 14 days before the scheduled date of the hearing shall commence the proceedings. (b) Pursuant to RSA 541-A:31, III, the notice shall include: (1) A statement of the time, place and nature of the he…

(a) Parties or their counsel shall attend at least one pre-hearing conference. (b) Matters to be considered at the pre-hearing conference shall include, as appropriate: (1) Offers of settlement; (2) Simplification of the issues; (3) Stipulations or admissions as to issues of fact…

(a) Pursuant to RSA 354-A:21, II(c) the respondent(s) shall submit a verified answer:(1) Filed in the original with 3 copies not later than 15 days prior to the scheduled date of the hearing; and (2) Furnished to the complainant or the complainant's attorney by a method that conf…

(a) The complainant shall submit a detailed request for relief which shall be: (1) Filed in the original with 3 copies not later than 15 days on or before the day of the pre-hearing conference; (2) Furnished to the respondent(s) or the attorney(s) for the respondent(s) by a metho…

(a) At the pre-hearing conference the parties shall file with the director, giving copies to all other parties:(1) Preliminary lists of witnesses showing names, addresses and telephone numbers; (2) Preliminary lists of exhibits; and (3) Copies of exhibits on the preliminary exhib…

Any party or other person permitted to participate in a public adjudicative hearing may request subpoenas for the hearing by written motion no later than the date of the pre-hearing conference. Subpoenas shall be issued by the presiding officer upon a finding that the subpoena is…