New Hampshire Administrative Code

(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 presiding officer pursuant to (b) below. (b) Additional depositions shall be:(1) Sought by motio…

(a) In the absence of an agreement to take a deposition, a party objecting to a deposition being sought shall request relief from the presiding officer by filing a motion subject to the motion rules in Hum 310. (b) The presiding officer shall grant the motion for relief if he or …

The party requesting a deposition, or receiving the presiding officer'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 § Hum 308…

(a) A party may serve no more than 20 interrogatories on any opposing party after a finding of probable cause. (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 serv…

(a) If a party served with interrogatories wishes to object to any of them, the party shall: (1) Submit a statement of objection to the presiding officer and to the party serving the interrogatories within 10 days of receipt of the interrogatories; and (2) Include in the statemen…

(a) Unless governed by other more specific rules in this chapter, requests for actions to be taken by the hearing commissioners or the presiding officer shall be made: (1) Orally and on the record if the requests are made during the course of a public adjudicative hearing; or (2)…

(a) An objection to a motion filed pursuant to Hum 310.01 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 p…

Motions shall be decided by the presiding officer 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 presiding officer determines …

(a) Any person or entity, other than a party, having a direct interest in the outcome of the public adjudicative hearing and wishing to intervene in the hearing shall make a written motion before the beginning of the hearing. (b) The motion to intervene shall include, but not be …

(a) Any parties wishing to object to a motion to intervene shall file objections as soon as practicable. (b) If the motion to intervene is filed at least 3 days before the hearing, a party opposing it shall have the burden of persuading the presiding officer that the intervention…

(a) The presiding officer shall rule on motions for intervention in advance of the hearing. (b) The presiding officer shall grant a motion to intervene if he or she determines that: (1) The interests of justice will be advanced; and (2) The orderly and prompt conduct of the heari…

Whenever it shall appear that 2 or more complaints involve substantially similar or substantially related issues, the hearing commissioners shall join those proceedings for hearing, for decision or both. Notes N.H. Admin. Code § Hum 312.01 (See Revision Note at chapter heading fo…

Whenever it shall appear that prejudice to a party or parties or undue delay might be thereby avoided, the hearing commissioners shall sever one or more issues or parties, and dispose of those issues and include those parties in another proceeding. Notes N.H. Admin. Code § Hum 31…

(a) Any party or other participant in a public adjudicative hearing 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 motio…

The presiding officer shall waive the rule if the waiver: (a) Appears to be lawful; and (b) Is more likely to promote a fair and accurate hearing than would adherence to the particular requirement or limitation set by the rule. Notes N.H. Admin. Code § Hum 313.02 (See Revision No…

The commission shall make an official verbatim recording of all public adjudicative hearings. Notes N.H. Admin. Code § Hum 314.01 (See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07

(a) The stenographic or other recording made at a public adjudicative hearing shall not be transcribed unless a transcript is requested. (b) If a party or any other person or entity requests a transcript:(1) Transcription shall be at the expense of the person or entity making the…

(a) Parties may call, examine and cross-examine witnesses identified on the witness lists submitted pursuant to Hum 306.05(a)(1). (b) Parties may offer documents and other evidence submitted pursuant to Hum 306.05(a)(2) for inclusion in the record of the proceedings. (c) Parties …

(a) The commission shall issue a default order against any party to whom a notice of hearing has been served if the party:(1) Fails to appear for hearing; and (2) Fails to: a.Notify the commission of non-appearance before the scheduled time of the public adjudicative hearing; and…

(a) When the complainant is not represented by an attorney, the case in support of the complaint shall be presented by a member of the commission staff or by an attorney representing the commission. (b) When the complainant is represented by an attorney:(1) A member of the commis…

(a) The case in support of the complainant's position shall be presented first. (b) The case in support of the non-discriminatory defense(s) of the respondent(s) shall be presented after the complainant's case has been presented. (c) After the presentation of the non-discriminato…

(a) Testimony shall be given under oath or affirmation. (b) Testimony and other evidence shall not be limited by the strict rules of evidence prevailing in courts of law or equity, provided, however, that the rules of privilege recognized under the laws of the state of New Hampsh…

(a) The presiding officer shall take official notice of facts on his or her own initiative or on the motion of one or more parties. (b) When the presiding officer officially notices a fact or facts:(1) It shall be so stated on the record; and (2) Any party shall be given the oppo…

In order to receive a favorable decision the complainant shall have the burden of proving the case for the complaint by a preponderance of the evidence. Notes N.H. Admin. Code § Hum 315.07 (See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07

(a) The commission's decision in a discrimination case shall be: (1) Based upon the evidence presented at the public adjudicative hearing; (2) Made by majority vote of the 3 hearing commissioners; and (3) Set forth in an order. (b) A hearing commissioner shall not participate in …

(a) If, upon all the evidence, the hearing commissioners decide that a respondent has engaged in an unlawful discriminatory practice, the commission shall: (1) Issue the hearing commissioners' findings of fact and an order based upon the findings; (2) Cause the findings of fact a…

The commission shall keep a final decision in its records for at least 5 years following its date of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5…

(a) The commission shall on its own initiative reconsider and review any case decision made pursuant to Hum 316 for good cause as set forth in Hum 317.04, provided that, before doing so, it has given notice to all parties and intervenors of its decision to reconsider and review. …

Objections to a motion for reconsideration and review shall be governed by Hum 310.02. Notes N.H. Admin. Code § Hum 317.02

(a) Decisions granting or denying reconsideration and review shall be made by the presiding officer unless:(1) Reconsideration is undertaken by the commission on its own initiative; or (2) The motion for reconsideration alleges a bias or conflict of interest on the part of the pr…

In addition to the basis set forth in Hum 317.03(b)(1), a motion for reconsideration and review shall be granted for: (a) The existence of new and material evidence of which the motion's proponent was unaware and which the proponent could not with due diligence have uncovered and…

Reconsideration initiated by the commission or on motion granted by the commission chair or presiding officer shall: (a) Stay the original order issued by the commission; and (b) Be completed with the issuance of a final decision no later than 45 days of the following, as applica…

After approval of reconsideration of a case decision, review of the case decision shall be: (a) On the record if reconsideration was approved because of: (1) Alleged mistake of law by the commissioners or the commission; or (2) Any reason alleged pursuant to Hum 317.04(c) which d…

The purpose of a declaratory ruling is to give information to individuals and entities potentially subject to: (1) Allegations of illegal discrimination in violation of RSA 354-A; or (2) Allegations of violation of such federal laws prohibiting discrimination as are within the ju…

(a) Any person or entity may petition for a declaratory ruling if that person or entity is potentially subject to allegations of discrimination as further described in Hum 318.01. (b) A petition for a declaratory ruling: (1) Shall relate only to actual present or potential future…

(a) If a declaratory ruling will be delayed by the commission's need for additional information, the commission shall so notify the petitioner within 60 days of receipt of the petition. (b) If additional information is required, the commission shall, in its notice to the petition…

A declaratory ruling issued by the commision shall: (a) Apply only to the petitioner; (b) Be confined to the set of facts and information contained in the petition or additional submissions made in conjunction with the petition; and (b) Not constitute a finding that such facts an…

A copy of a notice of proposed rulemaking shall be sent to any person who has made a written request to receive such notices from the commission. Notes N.H. Admin. Code § Hum 319.01

(a) Any person may seek the adoption, amendment or repeal of a rule by submitting to the commission a petition pursuant to RSA 541-A:4. (b) Each petition for rulemaking shall contain:(1) The name and address of the individual petitioner or, if the request is that of an organizati…

(a) The commission shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision. (b) The commission shall grant the petition for rulemaking unless the adoption, amendm…

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Hum 320.01 (See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Hum 320.03. (b) People who wish to testify shall be asked to write on the speaker's list:(1) Their full names and addresses; and (2) The …

The commission chair or other person designated by the commission to preside over a public comment hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of any person who:(1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments rel…

Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) Limitation of the number of media representatives when their number together with the number of othe…

(a) Public comment hearings shall be attended by a quorum of the commission. (b) Public comment hearings shall be presided over by the commission chair or a commission member knowledgeable in the subject area of the proposed rules who has been designated to preside over the heari…

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

The commission shall, within 90 days of receiving a request in accordance with Hum 321.01, 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…