New Hampshire Administrative Code

(a) The employer's written statement as described in Lab 1703.03(b) shall be mailed via First Class US Mail to: (1) Affected employees and representatives of affective employees; (2) The commissioner; (3) The New Hampshire attorney general; and (4) The chief elected official of e…

If an employer relies on an exception to the notice requirements of reporting a mass layoff or plant closure pursuant to RSA 275-F:4, II, the employer's notice shall include all of the required elements as outlined in Lab 1703.03(a) and Lab 1703.03(b) and shall also include a det…

The following rules are to assist interested parties in understanding and conforming to hearings procedures established to promote and assure the conduct of a full, fair and adequate exposition of issues and the expeditious resolution of disputes. These rules are to be construed …

The purpose of any proceeding governed by this chapter is to permit the department or the board to acquire sufficient information to make a reasoned decision and to afford persons who might be affected by a decision the opportunity to present evidence and statements prior to the …

"Board" means the workers' compensation appeals board as defined in RSA 281-A:42-a, I. Notes N.H. Admin. Code § Lab 202.01 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 …

"De novo hearing" means a new hearing which is not bound by the findings and rulings of a previous hearing before the commissioner or hearing officer and which allows the parties to introduce new evidence or evidence not considered by the hearing officer or commissioner at such a…

"Ex parte communication" means the transmittal of evidence or statements concerning the merits of a contested case to or from a hearing officer or member of the compensation appeals board without notice to all parties to the proceeding and not done in their presence. Notes N.H. A…

"Panel" means the 3 member panel of the compensation appeals board of RSA 281-A:42-a, I. Notes N.H. Admin. Code § Lab 202.04 #8922-A, eff 7-1-07

"Proof by a preponderance of evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not. Notes N.H. Admin. Code § Lab 202.05 #8922-A, eff 7-1-07

Rules in this part shall apply to hearings before a hearing officer and appeals to the compensation appeals board. Notes N.H. Admin. Code § Lab 203.01 (See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM…

(a) Except where the department is authorized by law or the rules of the department to dispose of a matter on an ex parte basis, no person shall make an ex parte communication to any officer or employee of the department, or member of the compensation appeals board, who is, or wo…

All attorneys shall, upon being retained by a client in a matter pending before the department or the compensation appeals board, file with the department or the compensation appeals board, as the case may be, a letter of appearance, copies of which shall be provided to all parti…

(a) A party to a workers' compensation hearing or appeal who, after due notice of hearing, fails to be present or fails to obtain a continuance shall, unless excused for good cause shown, be subject to either:(1) The entry of an adverse decision; (2)A decision by default; or (3) …

(a) If a continuance is necessary, the party requesting the continuance shall: (1) State the reason for the request and provide a copy in writing to all parties to the hearing, including the department, at least 7 calendar days prior to the scheduled hearing; (2) State the specif…

(a) When the parties to a matter pending before the department are also parties to another proceeding brought in a Court of the United States, Court of the State of New Hampshire or of a sister state dealing with the same issues pending before the department, either party may req…

(a) With the consent of all the parties, the presence of a party or the examination of any witness may with the approval of the commissioner or the commissioner's representative be conducted by telephone conference call, or video network conference provided that adequate faciliti…

Where the interests of justice shall be better served without substantial prejudice to the rights of any party, the commissioner or his representative or the board shall sever one case from another or consolidate 2 or more cases preserving for all parties the right of appeal from…

Any subpoena issued by a party to an appeal proceeding to compel the attendance as provided herein shall be deemed issued by the commissioner under RSA 281-A:49. Notes N.H. Admin. Code § Lab 203.09 #8922-A, eff 7-1-07

(a) The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. (b) Where a presumption exists, the burden shall shift as required by law. Notes N.H. Admin. Code § Lab 203.10 #8922-A, eff 7-1-07

(a) In cases of disorder or refusal to comply with the rules of the hearing, the hearings officer or chair of the panel shall use reasonable means to control the hearing. (b) Parties, representatives, and witnesses shall not engage in bitter exchanges, vulgarities, or abuse or ma…

(a) Unless otherwise specified, all time periods referenced in the chapter 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 th…

(a) Except for hearings under RSA 281-A, all hearings shall be open to the public. (b) The hearings officer shall have the authority to limit the number of the members of the public attending a hearing to prevent overcrowding of a hearing room. (c) Members of the public shall not…

In a controversy as to the responsibility of an employer or the employer's insurance carrier for the payment of compensation and other benefits under the workers' compensation statute, or any party to a wage claim, a whistleblowers' protection act claim, a proposed civil penalty …

Hearings before a hearing officer shall be scheduled for the determination of specified issues duly listed for hearing on the hearing notice. The department shall expand the scope of a scheduled hearing if notice of the added issues, with necessary documentation is given to all p…

(a) The commissioner or the commissioner's authorized representative shall schedule a hearing in Concord. (b) Notice of the date, time and location of the hearing shall be provided at least 14 calendar days prior to the hearing and shall be sent to the employee and the employer o…

(a) The commissioner or an authorized representative, shall grant a request for an expedited hearing upon a review of a petition setting forth facts in sufficient detail to support such a request. (b) Reasons for such requests shall include, economic hardship, medical emergency o…

(a) Upon his or her own initiative or upon the motion of any party the hearing officer shall withdraw from any adjudicative proceedings for good cause. (b) Good cause shall exist if the hearing officer:(1) Has a direct interest in the outcome of the matter, including but not limi…

The hearing officer, upon the motion of any party, or on his or her own initiative, shall suspend or waive any requirements or limitation imposed by this chapter when the suspension or waiver: (a) Appears to be lawful; and (b) Is more likely to promote the just, accurate and effi…

(a) The party requesting the hearing shall be responsible for compiling all written evidence to be considered by the hearing officer. This compilation shall be indexed, tabbed, paginated and in chronological order within each tabbed section. The final compilation shall be submitt…

(a) The hearings officer shall render a ruling or decision within 30 calendar days of the close of the record of the hearing. (b) The hearing officer may render a decision during or at the close of the hearing if the decision is apparent to the hearing officer. (c) A copy of the …

(a) Within 10 calendar days of the date of the hearing officer's decision, any party to the decision may request reconsideration, rehearing, or clarification of the decision. Any request for reconsideration, rehearing, or clarification shall be in writing, addressed to the hearin…

The department shall grant or deny the request for reconsideration rehearing or clarification within 10 days of the filing. Notes N.H. Admin. Code § Lab 204.10 #8922-A, eff 7-1-07

(a) Any party aggrieved by a decision of the commissioner, commissioner's representative or a hearing officer regarding a workers' compensation issue, may appeal the same to the compensation appeals board. (b) All appeals shall be heard de novo. (c)An appeal shall be taken in wri…

The commissioner or the commissioner's authorized representative shall schedule the appeal hearing as follows: (a) Notice of the date and time of the hearing shall be provided at least 14 calendar days prior to the appeal hearing; (b) Notice shall be sent to all parties who were …

(a) Upon the receipt of an appeal request, the compensation appeals board shall send an acknowledgment and the assigned docket number to all parties with a scheduling statement to be completed and returned as soon as possible, but in no case more than 60 calendar days after maili…

(a) In any appeal proceeding before the compensation appeals board, the testimony of a medical witness may be presented by means of a stenographic or videotaped deposition. In all cases 3 copies of a stenographic deposition shall be provided to the panel. (b) In order for a depos…

(a) All dispositive motions, motions to exclude disclosed evidence, motions challenging jurisdiction or raising procedural matters shall be filed in triplicate (b) Objections or replies to such motions shall be filed within 10 calendar days of receipt by the objecting party. (c) …

(a) The board shall schedule a prehearing conference to consider: (1) Any pending evidentiary, procedural or dispositive motions with the parties stipulating to uncontested facts. (2)Stipulations or admissions as to issues of fact or proof by the consent of the parties. (b) The p…

(a) Upon his or her own initiative or upon the motion of any party the panel member shall withdraw from any adjudicative proceedings for good cause. (b) Good cause shall exist if the panel member:(1) Has a direct interest in the outcome of the matter, including but not limited to…

The chair of the panel, upon the motion of any party, or on his or her own initiative, shall suspend or waive any requirements or limitation imposed by this chapter when the suspension or waiver: (a) Appears to be lawful; and (b) Is more likely to promote the just, accurate and e…

(a) Unless otherwise agreed at a prehearing conference, the appealing party shall be responsible for compiling all documentary evidence to be considered by the compensation appeals board. This compilation shall be indexed, tabbed and paginated. The final compilation shall be subm…

(a) The panel shall render a written ruling or decision within 30 calendar days of the close of the record of the hearing. A decision of the panel shall require 2 like votes. (b) The parties may, at their option, submit proposed findings. (c) Each such proposed finding of fact or…

Any party to the proceeding aggrieved by an order or decision of the panel may appeal to the supreme court pursuant to RSA 541 Notes N.H. Admin. Code § Lab 206.01 #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New…

Within 30 calendar days after a final order or any decision issued by the panel, any party to the action or proceeding before the panel may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in th…

Such motion shall set forth fully every ground which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal shall be taken unless the appellant shall have made application for rehearing as herein provided. When such application is made, no g…

(a) Upon the filing of such motion for rehearing, the panel shall within 10 calendar days either grant or deny the same, or suspend the order or decision complained of pending further consideration. (b) A motion for rehearing shall be granted only if:(1) Evidence is presented wit…

Within 30 calendar days after the application for a rehearing is denied, or, if the application is granted, then within 30 calendar days after the decision on such rehearing, the applicant may appeal by petition to the supreme court. Notes N.H. Admin. Code § Lab 206.05 #5041, eff…