New Hampshire Administrative Code

Hearing officers, Board members, and legal counsel to the department in the discharge of their official duties, and all persons participating in the hearings process of the department, or the board shall observe and be governed by the following ethical standards of conduct: (a) H…

(a) Any interested person may petition the commissioner to adopt, amend or repeal a rule or to issue a declaratory ruling which interprets a law or rule administered by the department. (b) Any petition for a change in rules shall include the language of the rule the petitioner wa…

(a) Within 30 days after the submission of a petition for rulemaking, the agency shall either deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings within 120 days. (b) The agency shall respond to the request for declaratory ju…

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 § Lab 210.01 #8922-A, eff 7-1-07

(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 Lab 210.03. (b) People who wish to testify shall be asked to write on the speaker's list:(1) Their full name and addresses; and (2) The n…

The board's chair or other person designated by the board to preside over a 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 relevant to the proposed …

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 the commissioner or the commissioner's designee. (b) Public comment hearings shall be presided over by the commissioner or the commissioner's designee knowledgeable in the subject area of the proposed rules who has been designated …

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

The department shall, within 90 days of receiving a request for an explanation of an adopted rule, 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 fi…

This chapter sets forth the policies, procedures, and forms for carrying out the provisions of RSA 281-A pertaining to workers' compensation insurance. Notes N.H. Admin. Code § Lab 301.01 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-2…

It is the policy of this department to require every employer who is subject to the statute to secure payment of benefits in accordance with RSA 281-A:5. Accordingly, employers and the insurance industry shall comply with the applicable provisions of RSA 281-A and this chapter an…

"Agency" means an insurance establishment duly licensed to provide workers' compensation coverage. Notes N.H. Admin. Code § Lab 303.01 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16…

"Benefits" means compensation for wage loss, medical care, and rehabilitation as provided by RSA 281-A. Notes N.H. Admin. Code § Lab 303.02 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff …

"Binder" means an agreement, or memorandum thereof, whereby an agency or carrier undertakes to provide coverage to an employer pending filing of notice of coverage with the department. Notes N.H. Admin. Code § Lab 303.03 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, …

"Carrier" means an insurance company duly licensed to secure payment of benefits under RSA 281-A:5, I. Notes N.H. Admin. Code § Lab 303.04 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 1…

"Carrier identification number" means a 3 digit number assigned to the carrier by the New Hampshire department of labor. Notes N.H. Admin. Code § Lab 303.05 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #66…

"Coverage" means New Hampshire workers' compensation insurance. Notes N.H. Admin. Code § Lab 303.06 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, e…

"Election" means a voluntary acceptance of the statute by an employer not otherwise subject to its provisions, as authorized by RSA 281-A:2, VI and RSA 281-A:3. Notes N.H. Admin. Code § Lab 303.07 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235…

"Establishment" means the location or jobsite where the activities of a business are conducted. Notes N.H. Admin. Code § Lab 303.08 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97…

"Employee" means any person who works full or part-time for an employer and persons who regularly operate businesses or practice trades who have elected to purchase workers' compensation coverage for themselves. Notes N.H. Admin. Code § Lab 303.09 #2264, eff 1-6-83; ss by #2935, …

"Employer" means any private or public entity that has one or more full or part time employees subject to the compulsory workers' compensation coverage requirements of the statute or that has any excluded individuals who have elected to purchase workers' compensation coverage for…

"Employer identification number" means the 9 digit federal identification number assigned to an employer by the Internal Revenue Service. Forms to be used for the purpose of applying for a federal identification number may be obtained at any local office of the IRS, Post Office o…

"Exclusion" pursuant to RSA 281-A:18-a, means election not to purchase coverage by 3 or fewer executive officers of a corporation or by 3 or fewer members of a limited liability company when coverage would otherwise be compulsory. Notes N.H. Admin. Code § Lab 303.12 #2264, eff 1-…

"National Council on Compensation Insurance" or "NCCI" means the nonprofit service organization for insurance companies at the mailing address of PO Box 3098, Boca Raton, FL 33431-0998. Notes N.H. Admin. Code § Lab 303.13 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854,…

"Reinstatement" means the restoring or renewal of coverage by the same carrier without a lapse in coverage as confirmed by department records. Notes N.H. Admin. Code § Lab 303.14 #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXP…

"Statute" means the Workers' Compensation Law, RSA 281-A, as amended. Notes N.H. Admin. Code § Lab 303.15 #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98 (formerly Lab 303.13); ss by #8682,…

"Termination" means the cessation of coverage. Notes N.H. Admin. Code § Lab 303.16 #6806, eff 7-18-98 (formerly Lab 303.14); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11065, Ef…

"Wrap up Policy" means a workers compensation insurance policy written by a carrier to cover a short term project that covers the general contractor and all subcontractors or the specific worksite. These policies are also known as "an 'Owner Controlled Insurance Policy' (OCIP)". …

(a) The primary responsibility for coverage shall rest upon the employer. Such responsibility shall be exercised by applying for coverage as required by RSA 281-A:5, I, or II or by furnishing proof of financial ability to pay compensation and receiving permission from the labor c…

(a) Agents and employers shall share coverage responsibility by making clear the status of coverage by providing accurate information to carriers beginning upon receipt by the agent of a complete application for coverage from the employer. This shall include the information neces…

(a) Agents and carriers shall share in coverage responsibility by processing the necessary paperwork and advising each other and the employer of the status of an application for coverage beginning upon the agent's receipt of a completed application for coverage, and extending unt…

(a) Carriers shall provide access to all prescribed coverage and claims forms. Supplies of these forms shall not be provided by the department. (b) Carriers shall furnish covered businesses with a sufficient number of posters, Notice of Compliance form WCP-1, and provide access t…

(a) Self-insured employers, homogenous self-insured groups and third party administrator shall provide access to all prescribed coverage and claims forms. Supplies of these forms shall not be provided by the department. (b) Self-insured employers, homogenous self-insured groups a…

When coverage is provided by the assigned risk plan NCCI shall provide the department with proof of coverage Notes N.H. Admin. Code § Lab 305.01 #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM,…

(a) As explained in this part, to show any changes in coverage, the appropriate party shall complete and file with the department the appropriate "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008). (b) Each "Notice of Workers Compensation Insurance Coverage" fo…

(a) The appropriate party, as explained in Lab 306.01(b) shall complete and file a "Notice of Coverage" form 6WC (4/2008) contained in appendix II in the following circumstances:(1) When insuring an employer's business having no prior coverage in this state; (2) When insuring a b…

(a) When an employer purchases elective coverage alone as provided by RSA 281-A:3, or simultaneously purchases elective coverage and voluntary coverage for the business, the appropriate party, as explained in Lab 306.01(b), shall file notice of elective coverage by completing and…

(a) The appropriate party, as explained in Lab 306.01(b), shall complete and file notice of changes in coverage by completing and filing the pertinent sections of "Supplemental Notice" form 6WC-S (3/2013), contained in appendix II, when: (1) Reporting a newly assigned federal emp…

(a) A corporation or limited liability company may elect to exclude 3 or fewer executive officers or members pursuant to RSA 281-A:18-a. This shall be done by the appropriate party, as explained below, completing and filing the "Exclusion of Executive Officers or Member" form 6WC…

(a) A carrier may elect to provide coverage for short term projects or worksites. (b) The carrier writing such coverage shall provide the required information to the department by completing and filing a "Notice of OCIP Coverage" form 6WC-wup (7/2015), contained in appendix II as…

(a) A carrier shall provide all the required information to the department by completing and filing a "Notice of Termination for OCIP Coverage" form 6WC-wut (7/2015), contained in appendix II as soon as possible but no later than 10 calendar days after the date the wrap up or OCI…

This section sets forth the requirements a carrier shall follow when terminating and reinstating workers compensation coverage. Notes N.H. Admin. Code § Lab 307.01 (See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. …

(a) A carrier shall provide the department with notice of termination when it seeks to terminate an employer's coverage. A carrier shall not file such notice if it cancels a particular insurance policy contract if coverage will continue under a subsequent contract. (b) Coverage m…

(a) Termination of coverage shall take effect no earlier than 45 days after the date the filing is received by the department except when coverage is terminated due to nonpayment of premium or when elective coverage is being revoked. In these 2 cases, termination of coverage shal…

To reinstate coverage prior to the effective date of termination, carriers shall file with the NCCI with all necessary information, pursuant to Lab 307.02(f). Self-insured groups and third party administrators shall complete and file "Reinstatement Notice" form WC-100 (10/1991) c…

To reinstate coverage prior to the effective date of termination, carriers shall file with the department the reinstatement portion of form WC-100. Notes N.H. Admin. Code § Lab 307.05 #9019, eff 11-1-07 (from Lab 307.04) The amended version of this section by New Hampshire Regist…