New Hampshire Administrative Code

"Employee leasing arrangement" means "employee leasing arrangement" as defined in RSA 277-B:2, IV, namely "an arrangement, under written contract, whereby: (a) An employee leasing company assigns an individuals who was previously employed by the client company or its predecessor,…

"Employee leasing company" means "employee leasing company" as defined in RSA 277-B:2, V, namely "any person: (a) Engaged in providing the services of employees pursuant to one or more employee leasing arrangements; or (b) Who otherwise regularly provides services of a nature cus…

"Person" means "person" as defined in RSA 277-B:2, V-a, namely "any individual, partnership, corporation, limited liability company, association, or other legal entity." Notes N.H. Admin. Code § Lab 1502.06 #6626, eff 11-4-97, EXPIRED: 11-4-05 New. #10221, eff 11-3-12

"Temporary help service" means "temporary help service" as defined in RSA 277-B:2, VI, namely "a service whereby an organization hires its own employees and assigns them to clients to support or supplement the client work force in special work situations such as employee absences…

"Temporary employee" means "temporary employee" as defined in RSA 277-B:2, VII, namely "an individual hired to perform temporary help service." Notes N.H. Admin. Code § Lab 1502.08 #10221, eff 11-3-12 (from Lab 1502.07)

No person shall engage in the business of employee leasing nor hold itself out to the public as an employee leasing company without first having secured a license under the provisions of RSA 277-B and these rules. Notes N.H. Admin. Code § Lab 1503.01 #6626, eff 11-4-97, EXPIRED: …

(a) Every applicant for an initial employee leasing company license shall complete, sign, have the signature acknowledged by a notary public, and file with the commissioner form Employee Leasing Initial Application, Rev. 07/2012, together with a non-refundable application fee of …

(a) Every applicant for an initial employee leasing company license shall file with the commissioner the material required by Lab 1503.02. The information shallbe evaluated as set forth in this section. (b) The department shall first verify compliance with Lab1503.02. (c) Matters…

No employee leasing company shall provide temporary help employees through the same entity as the applicants leased employees. Notes N.H. Admin. Code § Lab 1503.04 #6626, eff 11-4-97, EXPIRED: 11-4-05 New. #10221, eff 11-3-12

(a) If the commissioner determines that it would provide greater financial protection or access to additional compliance information, or assist the commissioner in minimizing the cost of administration, then the commissioner shall approve an independent and qualified assurance or…

(a) The commissioner shall issue a license to operate as an employee leasing company, valid for one year from date of issue, to any person who qualifies for the license under the provisions of RSA 277-B:7, I and these rules. (b) The applicant, if a domiciliary of New Hampshire, s…

The licensee shall submit to the department updated information on new and terminated client companies within the state of New Hampshire within 20businessdays of such event by completing and filing form 6WC-LE, Rev. 09/2003. A client company shall beconsidered "new" if it commenc…

The licensee shall submit to the department within 60 days after the end of each calendar quarter a certification by an independent certified public accountant that for such quarter all applicable federal and state payroll taxes have been paid on a timely basis in all such jurisd…

Each calendar quarter, the licensee shall submit to the department a list of current clients. This list shall not be considered a substitute for the individual notification on form 6WC-LE required by Lab 1505.01. Notes N.H. Admin. Code § Lab 1505.03 #10221, eff 11-3-12

Annually, the licensee shall submit to the department an audited financial statement prepared by an independent certified accountant showing the licensee has a minimum working capital of $100,000,or if the licensee does not have that level of working capital then the licensee sha…

Every licensee shall complete, sign, have the signature acknowledged by a notary public, and file form Employee Leasing Renewal Application, Rev. 07/2012, for renewal of license at least 60 days prior to expiration of its license, together with the renewal application fee of $100…

If an employee leasing company has been continuously licensed without revocation or suspension for a period of 5 years or more since September 29, 2009, a renewal license shall remain in force for 2 years from the date of issue, provided that financial information required under …

(a) An employee leasing company domiciled in any other state may apply for a restricted license for limited operation within this state if the applicant: (1) Establishes that its domiciliary state provides substantially the same conditions for licensure of a New Hampshire domicil…

Any person or employee leasing company who violates the provisions of RSA 277-B shall be subject to fines by the commissioner up to $1,000 per employee for each day the violation continues. Notes N.H. Admin. Code § Lab 1508.01 #10221, eff 11-3-12

Any fines for violations of the labor laws of this state shall be assessed either against the employee leasing company or the client company based upon the commensurate level of control of the worksite and each party's responsibility for compliance with the applicable violation. …

Any such fines assessed by the state to an employee leasing company for violations of the labor laws of New Hampshire shall specify at which client company the violation occurred. Unless successive labor law violations occur within the same client company, the state shall treat e…

(a) The total fine proposed by the department shall be the sum of $100 per employee for each violation for which a fine is sought. (b) In any case of a continuing violation activity, each day during which such violation occurs shall be considered to be a separate violation. Notes…

To initiate an administrative fine proceeding, the department of labor shall notify the respondent in writing of the following: (a) The violation(s) alleged by the department and the facts on which the allegations are based; (b) The statute that authorizes the commissioner to imp…

The notice required by Lab 1508.06 shall be delivered by: (a) Mailing the notice certified mail, return receipt requested, to the respondent; or (b) Delivering the notice in hand to the respondent or, if the respondent is not available, to the respondent's representative. Notes N…

(a) After receiving a notice of proposed fine, the respondent shall respond to the notice by either:(1) Indicating that the respondent will attend a hearing; (2) Waiving the hearing and paying the proposed fine; or (3) Requesting an informal meeting with the department to discuss…

Notice of a hearing held to determine whether to impose an administrative fine shall be given in accordance with RSA 541-A:31 and the provisions of Lab 200 that apply to notice of adjudicative proceedings. Notes N.H. Admin. Code § Lab 1508.08 #10221, eff 11-3-12

Administrative fine hearings shall be held in accordance with the provisions of RSA 541-A and Lab 200 that apply to the conduct of adjudicative proceedings. Notes N.H. Admin. Code § Lab 1508.09 #10221, eff 11-3-12

If a hearing is held on a proposed fine, the fine shall be determined in accordance with the following: (a) If the department does not prove by a preponderance of the evidence that the violation for which a fine is sought occurred, the commissioner shall impose no fine for that s…

The amount of fine imposed pursuant to Lab 1508.04 for a specific violation shall be reduced by 10% for each of the following that apply to that specific violation: (a) In the case of a non-continuing or one-time offense, where all of the following are true: (1) The respondent pr…

The amount of fine imposed pursuant to Lab 1508.04 for a specific violation shall be increased by 10% for each of the following that apply to that specific violation: (a) The department proves, by a preponderance of the evidence, that the respondent was aware of the requirements …

(a) After the close of the record the hearing officer shall issue a written decision stating the final determination on the proposed administrative fine. (b) In the decision, the hearing officer shall state the findings of fact and rulings of law upon which the determination is b…

(a) If the respondent waives the right to a hearing, the respondent shall pay the fine: (1) By the date specified in the notice, which shall not be less than 14 days from the date of the notice of the proposed fine; or (2) If the case is settled, in accordance with the settlement…

This chapter sets forth the procedures and forms for carrying out the provisions of RSA 281-A:42-aa pertaining to the workers' compensation appeals advisory board. Notes N.H. Admin. Code § Lab 1601.01 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 12, 2015, …

"Advisory board" means the compensation appeals advisory board as established by RSA 281-A:42-aa. Notes N.H. Admin. Code § Lab 1602.01 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10959, Effective 10/23/2015, Expires 10/23/2025.…

"Candidate" means a prospective member or a current member whose term is expiring. Notes N.H. Admin. Code § Lab 1602.02 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10959, Effective 10/23/2015, Expires 10/23/2025.

"Commissioner" means the labor commissioner. Notes N.H. Admin. Code § Lab 1602.03 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10959, Effective 10/23/2015, Expires 10/23/2025.

"Department" means the New Hampshire department of labor. Notes N.H. Admin. Code § Lab 1602.04 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10959, Effective 10/23/2015, Expires 10/23/2025.

"Compensation appeals board" means the workers' compensation appeals board as established by RSA 281-A:42-a. Notes N.H. Admin. Code § Lab 1602.05 Derived From Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10959, Effective 10/23/2015, Expires 10/23/2025.

The advisory board shall consist of 5 voting members appointed in the manner prescribed in RSA 281-A:42-aa, I, and the commissioner who shall serve as the non-voting chair. Notes N.H. Admin. Code § Lab 1603.01 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 1…

(a) Voting members of the advisory board shall be appointed for a term of 3 years. (b) No voting member shall serve for more than 2 consecutive terms. Notes N.H. Admin. Code § Lab 1603.02 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #…

(a) The advisory board shall meet as needed to perform the following functions: (1) To evaluate candidate(s) for nomination to a term as a member of the compensation appeals board; (2) To submit to the commissioner names of persons deemed qualified for nomination as members of th…

(a) The advisory board shall meet at the offices of the department at the call of the commissioner. (b) The commissioner shall set a date for a meeting and notify the advisory board at least 60 days prior to the date that the term of a member of the compensation appeals board is …

Three voting members shall constitute quorum for conducting business. Notes N.H. Admin. Code § Lab 1604.03 #8527, eff 12-22-05 Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10959, Effective 10/23/2015, Expires 10/23/2025.

(a) In determining whether or not a candidate for nomination to a term on the compensation appeals board should be recommended to the commissioner, the advisory board shall interview new candidates and review the materials submitted to it, including the resume and personal refere…

(a) Upon due consideration and deliberation, the advisory board shall vote based on the criteria noted in Lab 1604.04 whether or not to recommend a candidate for nomination to the compensations appeals board. (b) The vote may be taken by voice vote or, at the request of the major…

(a) In the discharge of its duties, the advisory board shall periodically review the questionnaire, Form WCAAB-1 (4-2015) in Appendix I, to be distributed to participants involved in the appeal process, and returned to the advisory board. (b) The Advisory board shall determine th…

The purpose of these rules are to define terms contained in RSA 275-F, to describe the notice required to be provided by RSA 275-F:3, and to notify employers how to inform required parties of any exceptions under the statute. Notes N.H. Admin. Code § Lab 1701.01 Derived from Volu…