Get Our E- Newsletter

Fresh News, Hot Topics, CompTalk! Radio and Video and More.

Sign Up!

 
 




New Hampshire Workers' Compensation Legal Library


New Hampshire Home Page   >   New Hampshire Regulations
 

CHAPTER Lab 200 DEPARTMENT OF LABOR HEARINGS

PART Lab 201 POLICY AND PURPOSE

Lab 201.01 Purpose of These Rules. 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 to secure the just, speedy and inexpensive determination of every proceeding.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED 12-27-90

New. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 201.02 Purpose of Hearings. 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 making of that decision.

Source. #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 EXPIRES: 7-18-06; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

PART Lab 202 DEFINITIONS

Lab 202.01 "Board" means the workers' compensation appeals board as defined in RSA 281-A:42-a, I.

Source. #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

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 202.02 "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 hearing, subject to the provisions of Lab 205.09.

Source. #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

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 202.03 "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.

Source. #8922-A, eff 7-1-07

Lab 202.04 "Panel" means the 3 member panel of the compensation appeals board of RSA 281-A:42-a, I.

Source. #8922-A, eff 7-1-07

Lab 202.05 "Proof by a preponderance of evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not.

Source. #8922-A, eff 7-1-07

PART Lab 203 GENERAL RULES OF PRACTICE

REVISION NOTE:

Document #5041, effective 1-9-91, made extensive changes to the wording, format, structure, and numbering of rules in Part Lab 203. Document #5041 supersedes all prior filings for the sections in this part. The prior filings for former Part Lab 203 include the following documents:

#2264, eff 1-6-83
#2935, eff 12-27-84

Lab 203.01 Applicability. Rules in this part shall apply to hearings before a hearing officer and appeals to the compensation appeals board.

Source. (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, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 203.02 Ex Parte Communication.

(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 would reasonably be expected to be, involved in the decision process in a contested case governed by this chapter. No officer or employee of the department or member of the compensation appeals board, who is, or who would reasonably be expected to be, involved in the decision process in any contested case governed by this chapter shall make or receive an ex parte communication. This rule shall not prohibit communication between the hearing officer, or member of the compensation appeals board and the attorney general's office except when the state is a party to the matter.

(b) Once a hearing officer or panel of the compensation appeals board has been assigned to adjudicate a contested matter or dispute, there shall be no direct communication between the parties or their counsel and the hearing officer or panel members other than in writing and with copies to all parties of record or by telephonic conference call with all parties. The receipt by the department of labor of an ex parte communication regarding a pending claim or proceeding shall require immediate dissemination of such communication by the recipient thereof provided that any inquiry regarding the status of the proceeding shall not be prohibited.

Source. (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, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 203.03 Notice of Appearance. 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 parties of record.

Source. (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, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 203.04 Failure to Appear.

(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) Dismissal of a petition for hearing and award.

(b) A party shall be declared to have failed to be present when that party has not arrived or contacted the department as to the reason for being late within 15 minutes after the scheduled start time of the hearing.

(c) Any party to whom notice has been forwarded but fails to appear may within 30 days of the written decision, petition to have the default stricken. The default shall be stricken and the case reopened if the commissioner, commissioner's representative or panel determines there was good cause for failing to appear:

(d) Good cause shall include:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member; or

(5) Any other unforeseeable circumstance beyond the party's control, that requires the party's absence from the scheduled hearing.

(e) In accordance with the provisions of RSA 281-A:43 I(a), unless the absence of the party is excused for good cause as provided in 203.04 (c) that party shall be barred from any further action concerning an adverse decision, decision by default or dismissal of the petition for hearing and award.

(f) In hearings other than for workers' compensation, the hearing shall proceed in the absence of any party who, after due notice of hearing, fails to be present or fails to obtain a continuance. The hearing shall begin 15 minutes after the scheduled start time if a party to the hearing has not arrived and has not contacted the department as to the reason for being late. If a hearing concludes before the non-appearing party arrives, the non-appearing party shall not be allowed to submit testimony or evidence in the matter. The hearing officer or panel shall require that the party present submit such evidence as the hearing officer or panel deems necessary in order to make a ruling or decision.

Source. (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, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 203.05 Continuances.

(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 specific reason for the request;

(3) State that concurrence to the request has been sought from the opposing party;

(4) State if opposing party objects, consents, or takes no position on the request and

(5) State all attempts that were made to contact opposing party, if unable to contact opposing party.

(b) Upon the filing of the request for a continuance, as per Lab 203.05(a), the commissioner or designated representative shall review the pleading and determine if a compelling need exists to grant the continuance, such as:

(1) The injured employee cannot attend due to the need for medical treatment;

(2) A key witness cannot attend;

(3) Counsel for any party has an unexpected conflict with a trial scheduled in a state or federal court and no other counsel is available to replace the attorney; or

(4) Some other circumstance arises affecting one party to the hearing that would make it inequitable to hold the hearing.

(c) A hearing shall be continued in the absence of the above process only in an emergency situation, as determined by the labor commissioner or the commissioner's representative for reasons such as severe weather, death in the family, traffic accidents, and illness.

Source. (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, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07

Lab 203.06 Stay of Proceedings.

(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 request a stay of the proceedings before the department until the court proceedings have been concluded.

(b) A party requesting a stay shall:

(1) File the request for stay in writing with copies to all parties of record;

(2) State the court where the case has been filed giving the full name of the case and the docket number assigned to the case by the court;

(3) State the issues in the case that would warrant a stay of the proceedings pending before the department;

(4) State that concurrence to the request has been sought from all the other parties;

(5) State the response of the other parties to the request;

(6) If the requesting party has been unable to contact one or more of the parties, state the attempts that were made to contact that party or those parties and

(7) Inform the department of the outcome of the court proceedings whether the result is a judgment, settlement, or other court approved disposition.

(c) Upon receipt of a request for a stay in accordance with Lab 203.06(a) the commissioner or the commissioner's representative shall review the request and determine if a compelling need exists to stay the matter pending before the department by considering:

(1) Whether the issues in the court proceeding are identical or substantially similar to the issues in the matter pending before the department;

(2) Whether the resolution of the proceedings in the court will have a substantial effect on the resolution of the proceedings before the department or render the proceedings before the department moot and

(3) Whether requiring the issue to be heard in two forums at the same time would result in an inefficient use of governmental resources or unduly burden the parties.

(d) The commissioner or commissioner's representative shall notify the parties of the decision to grant or deny the stay no later than 20 days from the date the request is filed.

Source. #8922-A, eff 7-1-07

Lab 203.07 Telephonic Hearing.

(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 facilities are available to allow all parties to participate fully.

(b) If all parties do not agree to the presence of a party or the examination of a witness by telephone call or video networking conference, the commissioner, commissioner's representative or the panel shall allow the presence of a party or the ability of a witness to testify by telephone or video network conference upon a finding that:

(1) Adequate equipment and facilities are available to allow all parties to participate fully in the examination, and

(2) Allowing testimony in this form is necessary due to one or more of the following:

a. Economic hardship;

b. Illness;

c. Distance to travel to the hearing from outside of New Hampshire;

d. Incarceration;

e. The safety of any party to the proceedings is at risk based upon reasonable knowledge of threats or acts of violence; or contagious disease, or

f. It would be manifestly inequitable to deny the requesting party use of telephone call or video network conferencing to present the testimony.

(c) If the commissioner or the commissioner's representative determines that the assessment of the witness's credibility is necessary, telephonic testimony shall not be allowed.

Source. #8922-A, eff 7-1-07

Lab 203.08 Consolidation. 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 the single or several decisions previously rendered.

Source. #8922-A, eff 7-1-07

Lab 203.09 Compelling Attendance of a Witness. 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.

Source. #8922-A, eff 7-1-07

Lab 203.10 Standard and Burden of Proof.

(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.

Source. #8922-A, eff 7-1-07

Lab 203.11 Control of Hearing.

(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 make offensive or insulting comments. When such an act is committed, the hearings officer or chair of the panel shall admonish the offender reminding him that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a case.

(c) If the offense is repeated and further admonition appears fruitless, the hearings officer or chair of the panel shall exclude a disorderly person from the hearing.

(d) A disorderly person shall not lose the case because of his/her offensive conduct or the offensive conduct of his/her representative or witness.

(e) Notwithstanding (d) above, if a disorderly person's offensive conduct is so flagrant that it prevents the completion of the case, the disorderly person shall be warned that his/her conduct shall result in a default judgment entered for the case. Such party may reopen the case upon submitting his/her offer of proof or argument in an orderly fashion before the default decision becomes final.

Source. #8922-A, eff 7-1-07

Lab 203.12 Time Period.

(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 the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

Source. #8922-A, eff 7-1-07

Lab 203.13 Public Access.

(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 be admitted into a hearing room when a hearing is in progress, until there is a recess in the hearing.

Source. #8922-A, eff 7-1-07

PART Lab 204 CONDUCT OF HEARINGS BEFORE HEARING OFFICER

Lab 204.01 Requesting a Hearing. 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 action, employment protection for members of the National Guard, State guard or militia under RSA 110-c, or as the result of a wage adjustment performed by the department, any party directly affected by the controversy may petition the commissioner in writing for a hearing. The petition shall set forth the reasons for requesting a hearing and the questions in dispute the petitioner expects to be resolved. The petition shall be filed with the department's office in Concord and copied, with all supporting documents, to the opposing party.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 204.02 Specification of Issue. 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 parties at least 14 calendar days prior to the assigned hearing date. Issues may be added at any time without such notice with the consent of all parties.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 204.03 Notice of Hearing.

(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 or the employer's insurance carrier or self-insurer.

(c) A hearing shall be scheduled at some other location in the state if the commissioner or commissioner's authorized representative determines:

(1) The hearing relocation is necessary because the claimant or a key witness is so ill, injured or impaired as to make it medically imprudent to require that person to travel to Concord; or

(2) The hearing relocation is necessary because the claimant is confined to an institution and cannot be released to attend a hearing in Concord.

(d) The notice shall contain the section of the law by statute number and heading relating to the issues in dispute between the parties.

(e) The notice shall contain a statement that each party has the right to have representation by an attorney at the party's own expense.

(f) Upon receipt of a notice of hearing, the insurance carrier or third party administrator shall immediately forward a copy of same to the employer.

(g) In lieu of mail, notice may be given in hand or by facsimile transmission. If a letter of appearance has been filed, the representative shall be served.

(h) A workers' compensation hearing shall be scheduled for a date no later than 6 weeks after receipt of the petition under Lab 204.01.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 204.04 Expedited Hearing.

(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 or other circumstances in which a delay of a hearing would cause irreparable harm.

(c) The opposing party may respond to the request for an expedited hearing or may request a continuance as cited in Lab 203.05.

Source. #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. #6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07

Lab 204.05 Withdrawal of Hearing Officer.

(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 limited to, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case, or;

(3) Personally believes that he or she cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues or acquaintances with any party or witness shall not constitute good cause for withdrawal.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 204.06 Waiver or Suspension of Rules by the Hearing Officer. 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 efficient resolution of the pending dispute than would adherence to the particular requirement or procedure.

Source. #5041, eff 1-9-91; ss by #5235, eff 9-27-91; amd by #5658, eff 6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 204.07 Conduct of Hearing.

(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 submitted to the hearing officer at the time of the hearing. Members of the department of labor staff or the hearing officer shall waive the provision upon a finding that a party cannot comply due to lack of financial or technical resources.

(b) All parties to a dispute subject to the provisions of this chapter shall disclose to all the other parties all medical evidence that is to be introduced at the hearing no later than 5 business days prior to the date of the scheduled hearing. Parties who are introducing non-medical evidence shall make all other parties aware of such evidence and submissions no later than 2 business days prior to the scheduled hearing.

(c) Any party other than the commissioner who wishes to compel attendance of a witness at a hearing shall follow the procedures set out in RSA 516. Depositions are allowed only upon agreement of all parties. Depositions shall be completed, and a transcript submitted to the department of labor and all parties at least 7 days prior to the hearing.

(d) If there is a clear dispute of facts between the parties in which the credibility of testimony might determine the outcome of the hearing, the hearing officer, on the request of a party, may sequester witnesses until they are called to testify. However a witness shall be sequestered only if each party, as appropriate, shall have one individual present throughout the process to ensure neither side is placed at an unfair advantage.

(e) A sound recording of the hearing shall be made by the hearing officer and the record shall be maintained by the department of labor for a period of 60 calendar days following the order or ruling by the hearing officer on the issues presented. Any party requesting a copy of the sound recording shall be granted access to it at reasonable times during business hours for copying purposes at any time after the hearing decision is mailed. If a party to the proceeding makes transcripts of hearing testimony and uses them for any purpose in any proceeding, a copy of such transcript shall be furnished to all parties of record. Copies of hearing tapes may be requested in writing from the department. A reasonable fee to cover the cost of the tape and processing fee, shall be included with the request. Any party may have a stenographer present at a hearing provided that that party bears the cost of the stenographer.

(f) If a person requests a transcript of the taped record, the department shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription by the requesting party the department shall provide copies of the transcript to all parties.

(g) At the request of a party to any proceeding involving disciplinary action relative to an occupational license subject to the jurisdiction of the department, the record of the proceeding shall be made by a certified short hand court reporter provided by the agency at the requesting party's expense. A request for a certified shorthand court reporter shall be filed in writing at least 10 days prior to the day of the scheduled hearing.

(h) The hearing officer shall at the outset of the hearing record the place, date and issues of the hearing together with the names of those parties making appearances.

(i) Testimony of witnesses shall begin by the administration of oaths or affirmations by the hearing officer.

(j) Interpreters shall be administered an oath or affirmation to truthfully and accurately translate, to the best of their ability, all questions asked and answers given.

(k) The hearing officer shall regulate the course of the hearing and shall accept offers of proof together with all relevant evidence. The hearing officer shall conduct the hearing in such a manner as to best ascertain the rights of the parties and shall not be bound by common law or other rules of evidence or by common law or other rules of procedure other than those specified under Lab 200 and RSA 541-A. Any probative and relevant evidence shall be received by the hearing officer during the course of the hearing. However, the hearing officer shall exclude evidence upon finding that it is irrelevant, immaterial or unduly repetitious.

(l) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call; and

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

(m) Each party shall have the right to present a statement of his or her position immediately prior to the close of the hearing. The party having the burden of proof shall give its statement last. If the hearings officer finds it necessary for additional submission of memoranda, such submission shall be made within the time frame allowed by the hearings officer.

(n) A determination shall be made by the hearings officer on the basis of evidence presented at the hearing and the hearing officer shall not consider ex parte information, regardless of its Source. If the submission of additional documentation is required or allowed by the hearing officer, copies of all such documents shall be provided within the time frame allowed by the hearing officer with copies to all opposing parties. The non-producing parties shall be afforded 10 calendar days to object to and comment upon such submission prior to the issuance of any order or ruling by the department. The order or ruling of the hearing officer shall be based upon reliable, probative and substantial evidence.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 204.08 Issuance of a Decision.

(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 decision shall be furnished to each of the parties and attorney(s) of record.

(d) Such decision shall be final 30 days after the written decision is rendered unless an appeal is taken to the compensation appeals board or appealed under an applicable statute.

(e) The department shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Source. #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. #6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07

Lab 204.09 Reconsideration, Rehearing or Clarifications.

(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 hearing officer with a copy to the other party, and the commissioner.

(b) The request for reconsideration, rehearing or clarification shall:

(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2) Describe how each error causes the agency's decision to be unlawful, unjust or unreasonable, in respect to jurisdiction, authority or observance of the law, an abuse of discretion or is arbitrary or capricious;

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party;

(4) State clearly the relief being requested; and

(5) Include any argument or memorandum of law the moving party wishes to file.

(c) Reconsideration, rehearing or clarification shall be granted only in those instances where there is clearly a mistake or clarification is needed.

(d) The filing of such a request shall not suspend any portion of the decision or the 30 day period for filing an appeal to the compensation appeals board of workers' compensation decisions, and shall not suspend any other time limit or any other appeal method allowed by statute.

Source. #8922-A, eff 7-1-07

Lab 204.10 Decision on Motion for Reconsideration, Rehearing or Clarification. The department shall grant or deny the request for reconsideration rehearing or clarification within 10 days of the filing.

Source. #8922-A, eff 7-1-07

PART Lab 205 APPEALS TO THE COMPENSATION APPEALS BOARD

Lab 205.01 Appeal.

(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 writing with copies sent to all parties.

(d) All appeals shall specify every issue being appealed.

(e) The appeal shall be filed with the compensation appeals board no later than 30 calendar days from the date of the decision.

(f) If a timely notice of appeal is filed by a party, any other party may file a notice of cross-appeal within 10 days from the date on which the first notice of appeal was filed.

(g) Late appeals may be filed in accordance with RSA 281-A:50.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 205.02 Time and Date of Hearing. 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 sent notices in the case at the department hearing and

(c) If all parties agree, the 14 day notice may be waived.

Source. #8922-A, eff 7-1-07

Lab 205.03 Procedures Prior to the Appeal Hearing.

(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 mailing by the board.

(b) The scheduling statement shall provide the following information:

(1) Name of case and docket number;

(2) Parties to the hearing and who they represent;

(3) An estimation of the time needed to conduct the appeal hearing,

(4) A preliminary listing of all witnesses to be called;

(5) A listing of videotaped material and the actual running time of these materials and

(6) All procedural issues and motions.

(c) Any correspondence, pleading, or evidence submitted for an appeal proceeding shall be in triplicate and include the appeal docket number. Failure to provide the docket number on any correspondence shall result in the documentation submitted being excluded from the file.

(d) The members of the staff or prehearing panel shall waive (c), above, upon finding that a party cannot reasonably comply due to a lack of financial or technical resources.

Source. #8922-A, eff 7-1-07; amd by #9877, eff 2-25-11

Lab 205.04 Depositions.

(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 deposition of a non-medical witness to be admitted at the hearing on the merits the party seeking to take the deposition of a non-medical witness shall first submit a "Notice to take Deposition of a Non-Medical Witness" at least 10 days prior to the pre-hearing conference scheduled under Lab 205.06.

(c) The panel at a pre-hearing conference shall grant permission for the taking of a deposition of a non-medical witness only upon finding:

(1) That due to illness or injury it is not possible for the witness to appear in person at a hearing, or that the witness can not be subpoenaed to appear under the normal procedures set out in RSA 516, and a postponement or delay of the hearing until the witness can appear would be prejudicial to one or both parties to the hearing, or

(2) It is more likely to promote the just, accurate and efficient resolution of the pending dispute to allow the deposition of the non-medical witness.

(d) In all such cases, the panel conducting the hearing shall be provided with 3 copies of a stenographic deposition.

(e) Any party desiring to take deposition testimony for a hearing shall provide other parties to the proceeding with a notice at least 10 calendar days prior to the deposition stating the time, date and location of the deposition, the name of the person being deposed, and the name and address of the stenographer or person taking the videotaped deposition. All depositions shall be completed so that timely exchange of transcripts or videotaped materials may be made at least 14 calendar days before the scheduled hearing date.

(f) Depositions may be taken outside of the state of New Hampshire pursuant to RSA 517:15-18 if there is agreement by the parties or if a witness refuses to attend the deposition. Any records or reports to be introduced by the party taking the deposition shall be made available to other parties at the time of giving notice of the deposition.

(g) At the commencement of the deposition, the party taking the deposition shall state whose deposition it is, the name of the proceeding, where it is being taken, who the parties are that will be asking the questions, and the date and time of the deposition. Care shall be taken for videotaped depositions to have the witnesses speak slowly and distinctly and to make sure that papers are readily available for reference without undue delay and unnecessary noise. Counsel and witnesses shall comport themselves at all times as if they were appearing in person at an appeals hearing.

Source. #8922-A, eff 7-1-07; ss by #9877, eff 2-25-11

Lab 205.05 Motions.

(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) If a motion is filed after a date is assigned for the compensation appeals board hearing, the motion shall be heard at the onset of the scheduled appeal and, if appropriate, the hearing shall go forward on the merits.

Source. #8922-A, eff 7-1-07

Lab 205.06 Prehearing Conference.

(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 parties shall be given an opportunity to select a hearing date in consultation with all parties and the compensation appeals board.

(c) In order to select a date:

(1) All counsel and parties shall have immediate access to their individual calendars to facilitate scheduling and;

(2) All counsel shall be prepared to give expert witnesses, key witnesses and medical witnesses or their representative availability dates or shall have them be available by telephone during the prehearing conference time to confirm the hearing date selected. All parties shall provide a final list of witnesses to the board and other parties that they intend to call to the appeal hearing at least 7 business days prior to the date of the hearing.

(d) Parties shall be prepared to justify their reason why more than 2 hours is needed for a hearing.

Source. #8922-A, eff 7-1-07; amd by #9877, eff 2-25-11

Lab 205.07 Withdrawal of a Panel Member.

(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, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case, or;

(3) Personally believes that he or she cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues or acquaintances with any party or witness shall not constitute good cause for withdrawal.

Source. #8922-A, eff 7-1-07

Lab 205.08 Waiver or Suspension of Rules by the Panel. 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 efficient resolution of the pending dispute than would adherence to the particular requirement or procedure.

Source. #8922-A, eff 7-1-07

Lab 205.09 Conduct of Hearing.

(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 submitted in triplicate, with the compensation appeals board at the time of the hearing.

(b) The members of the staff or prehearing panel shall waive (a), above, upon finding that a party cannot reasonably comply due to a lack of financial or technical resources.

(c) Any evidence whose admissibility is in dispute may be submitted separately from the joint submission, pending ruling on any objections.

(d) All medical evidence shall be furnished to the opposing parties 5 business days before the hearing date. Parties who are introducing non-medical evidence shall make all other parties aware of such evidence and submissions no later than 2 business days prior to the scheduled hearing.

(e) In the event that a party attempts to present evidence of submissions during the appeal hearing which were not disclosed prior to the appeal hearing, the panel shall upon the objection of a party, not allow the introduction of such evidence or submissions upon finding that the objecting party would be prejudiced by its admission.

(f) Unless waived by the parties, a sound recording of the hearing shall be made by the panel and the recording shall be maintained by the compensation appeals board for a period of 60 calendar days following the order or ruling of the panel on the issues presented. Copy of tapes shall be available for a fee to cover the cost of the tape within 60 calendar days after the appeal hearing decision is issued. If transcriptions are made of hearing testimony and used for any purpose in any proceeding, a copy of such transcription shall be furnished to all parties of record. Any party may have a stenographer present at a hearing, provided that that party bears the cost.

(g) At the request of a party, the panel shall order witnesses other than the claimant and the employer, to be excluded from the hearing room so that they cannot hear the testimony of other witnesses. If the employer is a corporation or entity other than a natural person, the officer or employee designated as its representative in the hearing shall not be a witness unless the panel at the outset of the hearing, rules the person is essential to the presentation of the employers' case and it was not reasonable for another person to serve as representative.

(h) Testimony of witnesses shall begin with the administration of oaths or affirmations. The chair shall at the outset of the hearing, record the place, time, date and issues of the hearing together with the names of those parties making an appearance.

(i) The chair is charged with regulating the course of the hearing and may accept offers of proof together with all relevant evidence. The chair shall conduct the hearing in such a manner as to best ascertain the rights of the parties. The chair shall rule on all matters of evidence and procedure relative to the conduct of the hearing. The panel through the chair shall not be bound by formal rules of evidence. Any probative and relevant evidence shall be received by the chair during the course of the hearing. The panel, through the chair, shall exclude evidence on the basis that it is irrelevant, immaterial or unduly repetitive.

(j) Each party shall have the opportunity to present a closing statement at the conclusion of the hearing. The carrier/employer shall make such closing statement first. In the event that the hearing has exceeded its allotted time, the panel shall require written closing statements to be submitted in triplicate within 7 calendar days of the hearing date.

(k) A determination shall be made by the panel on the basis of evidence presented at the hearing and the panel shall not consider ex parte information, regardless of its source. If the submission of additional documentation is required or allowed by the chair, copies of all such documents shall be provided within the timeframe allowed by the chair with copies to all opposing parties. The non-producing parties shall be afforded 10 calendar days to object and comment upon such submission prior to the issuance of any order or ruling by the panel.

Source. #8922-A, eff 7-1-07

Lab 205.10 Decision of the Panel.

(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 ruling of law shall:

(1) Be stated in clear concise language and

(2) Consist of a single relevant fact supported by the record with specific reference to the page number of the record or report, which supports each request, as applicable.

(d) A party submitting proposed findings of fact or rulings of law shall furnish the opposing party with a copy of the proposed findings 10 days prior to the start of the hearing. The parties shall make a sincere effort to agree on as many of the proposed findings as possible, and shall inform the panel as to which proposed findings are agreed upon and which are contested.

(e) Parties submitting proposed findings of fact or rulings of law shall exercise restraint and limit the number of proposed submissions to those important to the issues under consideration. The panel shall not be required to rule on what it determines is an excessive number of proposed findings of fact or rulings of law for the particular case.

Source. #8922-A, eff 7-1-07

PART Lab 206 APPEAL OF THE DECISION OF PANEL

Lab 206.01 Appeal. Any party to the proceeding aggrieved by an order or decision of the panel may appeal to the supreme court pursuant to RSA 541

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 206.02 Motion for Rehearing. 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 the motion for rehearing the grounds. Objections to the motion for rehearing shall be filed within 5 working days of the request for the rehearing. The requests and objections shall be sent with an original and 3 copies to the department of labor.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07; ss by #9877, eff 2-25-11

Lab 206.03 Specifications. 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 ground not set forth therein shall be considered by the panel. Motions for rehearing under this section and RSA 541 shall be submitted to the compensation appeals board with an original and 3 copies.

Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 206.04 Action on Motion.

(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 with the motion for rehearing which was not available at the time of hearing which the panel determines would change the decision rendered;

(2) The party making the motion for rehearing demonstrates the panel was in error concerning the interpretation or application of the applicable state statue or administrative rule; or

(3) The party making the motion for rehearing demonstrates the decision is contrary to controlling law.

Source. #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. #6806, eff 7-18-98 (formerly Lab 206.03); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 206.05 Appeal to Supreme Court. 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.

Source. #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. #6806, eff 7-18-98 (formerly Lab 206.04); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 206.06 Other Requirements. The aggrieved party shall comply with all applicable provisions of RSA 541 and the rules of the supreme court of the state of New Hampshire.

Source. #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. #6806, eff 7-18-98; amd by #7141, eff 11-24-99; paragraphs (a)-(d) EXPIRED: 7-18-06

New. #8922-A, eff 7-1-07

PART Lab 207 AWARD OF FEES AND INTEREST

Lab 207.01 Attorney Fees for Department of Labor Workers' Compensation Hearings.

(a) An attorney for a claimant who prevails in a workers compensation hearing before a hearing officer shall be entitled to attorney fees as follows:

(1) When the issue in dispute relates to the causal relationship of the injury to employment and the injury is found compensable, the attorney representing the claimant shall be entitled to 20% of the retroactive indemnity benefits payable out of the benefit received from the claimant.

(2) The non-payment of medical bills pending a resolution of the question of causal relationship shall not result in said bills being included in the amount used to calculate the award of fees unless the bills were disputed as provided in (3) below;

(3) When the issue in dispute is related to specific medical bills that the carrier has denied as not being causally related to the compensable injury or not required by the nature of the injury, counsel fees and cost shall be payable by the carrier.

(4) If the issue in dispute relates to medical bills and a period of disability subsequent to the case being found compensable the attorney shall be entitled to:

a. 20% of the retroactive benefits payable out of the benefits received from the claimant, and

b. Fees and cost paid by the carrier as a result of disputing the medical bill issue.

(5) If the issue in dispute relates to a permanent impairment award, the attorney representing the claimant shall be entitled to 20% of the award payable out of that award;

(6) The attorney for a claimant who has not prevailed at the department level but prevails on appeal to the board or State Supreme Court shall be entitled only to the fees as awarded by the board or the Court and shall not apply for additional fees at the department level; and

(7) The attorney for a claimant shall file a request for attorney fees within 60 days from the date of the hearing officers' decision or the ruling on any motion for rehearing.

Source. #6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-B, eff 7-1-07 (formerly Lab 208.01); ss by #10960, eff 10-23-15

Lab 207.02 Award for Fees and Interest at Compensation Appeals Board Hearings.

(a) If the claimant prevails in a contested case appealed to the board, the employer shall pay the claimant reasonable attorneys' fees and costs and interest on unpaid benefits at the rate specified by statute.

(b) The claimant or his attorney shall file a request for the payment of attorneys' fees or interest no later than 60 days after the board has issued its decision in the case or ruled on any motions for rehearing.

(c) If the employer appeals a decision of a hearing officer and prior to the appeal hearing, withdraws that appeal, the employer shall pay reasonable attorney's fees and costs to the employee for preparing for the appeal hearing, unless the parties have reached a lump sum settlement of the case or have otherwise agreed to address the fee issue.

(d) The request shall be as follows:

(1) Requests for approval of an award of attorney's fees and costs pursuant to RSA 281-A:44, shall be submitted with an original and 3 copies to the compensation appeals board. Such requests shall include an itemization of time, costs, and expenses expended in pursuit of the claim before the compensation appeals board, including professional language interpreters as well as a copy of the fee agreement with the claimant, and

(2) Interest shall be computed from the date of injury where compensability is in dispute in the first instance, and benefits have not been paid, or from the date of termination or reduction of benefits where the degree of disability is in dispute or where benefits were terminated or reduced for some other reason. Interest payments shall be computed on indemnity and permanency awards, excluding medical bills, except when they have been paid out of pocket by the claimant.

Source. #8922-B, eff 7-1-07; ss by #9877, eff 2-25-11; ss by #10960, eff 10-23-15

PART Lab 208 ETHICAL STANDARDS FOR PARTICIPANTS IN THE HEARINGS PROCESS

Lab 208.01 Ethical Standards. 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) Hearing officers and board members shall avoid the appearance of impropriety in all activities. They shall conduct themselves in a manner which promotes public confidence in their integrity and impartiality and of the hearings process of the department in general;

(b) Hearing officers, board members, and legal counsel to the department shall:

(1) Perform their duties impartially and diligently;

(2) Know the applicable laws and the rules;

(3) Maintain order and decorum in proceedings before them;

(4) Be patient and courteous to those persons who participate in the hearings process; and

(5) Dispose promptly of matters heard by them;

(c) Hearing officers and board members shall disqualify themselves when their impartiality might be reasonably questioned. They shall not participate in a contested case where they have a personal bias or prejudice concerning a party or a party's representative, or personal knowledge of disputed evidentiary facts concerning the proceeding, or where they or a relative is a party to the proceeding or is known by them to have a substantial interest in the outcome of the proceeding;

(d) Hearing officers and board members shall avoid ex parte communications. They shall not permit private communications concerning a pending matter unless such communications are at the same time provided to all other persons interested in the matter.


(e) Hearing officers and board members shall not directly or indirectly solicit or accept any gift or gratuity from any person or party involved in any contested matter pending before them. Gifts or gratuities include but shall not be limited to meals, alcoholic beverages, hotel accommodations, travel expenses, flowers and the like, but shall not include plaques or other mementos of token value received for speaking engagements or meals received at functions in which the department has a specific part in the program. Gifts or gratuities received unsolicited shall be returned to the donor. Their receipt shall be reported to the commissioner in writing;

(f) A person who has been employed by the department as a hearing officer or legal counsel shall not thereafter appear in any matter before the department on behalf of any party in any matter where the hearing officer or legal counsel was involved in the matter while an employee of the department. A hearing officer or legal counsel shall not appear in any contested case before the department on behalf of any party until the expiration of one year following termination of employment with the department;

(g) No member of the board shall participate directly or indirectly as a representative or any party to a workers' compensation proceeding before a hearing officer at the department of labor, and

(h) A hearing officer, or board member, or any other participant in the hearing process who observes or otherwise becomes aware of a violation of these ethical standards by a hearing officer or by any other participant in the hearing process shall report such violation, in writing, to the commissioner.

Source. #8922-A, eff 7-1-07

PART Lab 209 RESPONSE TO PETITIONS

Lab 209.01 Petition For a Rule or Declaratory Ruling.

(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 wants adopted or the text of the rule as it would be after amended.

(c) A petition for a declaratory ruling shall include the factual circumstances outlining the petitioners circumstances which cause the petitioner to seek the ruling.

Source. #6805-B, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

Lab 209.02 Response.

(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 judgment within 30 days.

Source. #6805-B, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07

PART Lab 210 PUBLIC COMMENT HEARINGS

Lab 210.01 Purpose. The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

Source. #8922-A, eff 7-1-07

Lab 210.02 Public Access and Participation.

(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 names and addresses of organizations, entities or other persons whom they represent, if any.

(c) Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

Source. #8922-A, eff 7-1-07

Lab 210.03 Limitations on Public Participation. 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 rules that are the subject matter of the hearing; or

(3) Restates more than once want he or she has already stated; and

(b) Limit presentation on behalf of the same organization or entity to no more than 3, providing that all those representing such organization or entity may enter their name and addresses into the record as supporting the position of the organization or entity.

Source. #8922-A, eff 7-1-07

Lab 210.04 Media Access. 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 other members of the public present exceeds the capacity of the hearing room;

(b) Limitations on the placement of cameras to specific locations within the hearing room; or

(c) Prohibition of interviews conducted within the hearing room before or during the hearing.

Source. #8922-A, eff 7-1-07

Lab 210.05 Conduct of Public Comment Hearings.

(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 by the commissioner to preside over the hearing.

(c) The chair or other person presiding over the hearing shall:

(1) Call the hearing to order;

(2) Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

(3) Cause a recording of the hearing to be made;

(4) Recognize those who wish to be heard;

(5) If necessary, establish limits pursuant to Lab 210.03 and Lab 210.04;

(6) If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

(7) If necessary, postpone or move the hearing; and

(8) Adjourn or continue a hearing.

(d) A hearing shall be postponed in accordance with RSA 541-A:11,IV when:

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

(2) There is no quorum of the board due to illness or unavoidable absence; or

(3) Postponement will facilitate greater participation by the public.

(e) A hearing shall be moved to another location in accordance with RSA 541-A:11,V when the original location is not able to accommodate the number of people who wish to attend the hearing.

(f) A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11,III when:

(1) The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

Source. #8922-A, eff 7-1-07

PART Lab 211 EXPLANATION OF ADOPTED RULES

Lab 211.01 Request for Explanation of Adopted Rules. 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 other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

Source. #8922-B, eff 7-1-07; ss by #10913, eff 8-22-15

Lab 211.02 Contents of Explanation. 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 final form; and

(c) States, if the department did so, why the department overruled any arguments and considerations presented against the rule.

Source. #8922-B, eff 7-1-07; ss by #10913, eff 8-22-15Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07



New. #8922-A, eff 7-1-07



Lab 206.02 Motion for Rehearing. 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 the motion for rehearing the grounds. Objections to the motion for rehearing shall be filed within 5 working days of the request for the rehearing. The requests and objections shall be sent with an original and 3 copies to the department of labor.



Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07



New. #8922-A, eff 7-1-07; ss by #9877, eff 2-25-11



Lab 206.03 Specifications. 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 ground not set forth therein shall be considered by the panel. Motions for rehearing under this section and RSA 541 shall be submitted to the compensation appeals board with an original and 3 copies.



Source. #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. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07



New. #8922-A, eff 7-1-07



Lab 206.04 Action on Motion.



(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 with the motion for rehearing which was not available at the time of hearing which the panel determines would change the decision rendered;



(2) The party making the motion for rehearing demonstrates the panel was in error concerning the interpretation or application of the applicable state statue or administrative rule; or



(3) The party making the motion for rehearing demonstrates the decision is contrary to controlling law.



Source. #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. #6806, eff 7-18-98 (formerly Lab 206.03); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07



New. #8922-A, eff 7-1-07



Lab 206.05 Appeal to Supreme Court. 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.



Source. #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. #6806, eff 7-18-98 (formerly Lab 206.04); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07



New. #8922-A, eff 7-1-07



Lab 206.06 Other Requirements. The aggrieved party shall comply with all applicable provisions of RSA 541 and the rules of the supreme court of the state of New Hampshire.



Source. #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. #6806, eff 7-18-98; amd by #7141, eff 11-24-99; paragraphs (a)-(d) EXPIRED: 7-18-06



New. #8922-A, eff 7-1-07



PART Lab 207 AWARD OF FEES AND INTEREST



Lab 207.01 Attorney Fees for Department of Labor Workers' Compensation Hearings.



(a) An attorney for a claimant who prevails in a workers compensation hearing before a hearing officer shall be entitled to attorney fees as follows:



(1) When the issue in dispute relates to the causal relationship of the injury to employment and the injury is found compensable, the attorney representing the claimant shall be entitled to 20% of the retroactive indemnity benefits payable out of the benefit received from the claimant.



(2) The non-payment of medical bills pending a resolution of the question of causal relationship shall not result in said bills being included in the amount used to calculate the award of fees unless the bills were disputed as provided in (3) below;



(3) When the issue in dispute is related to specific medical bills that the carrier has denied as not being causally related to the compensable injury or not required by the nature of the injury, counsel fees and cost shall be payable by the carrier.



(4) If the issue in dispute relates to medical bills and a period of disability subsequent to the case being found compensable the attorney shall be entitled to:



a. 20% of the retroactive benefits payable out of the benefits received from the claimant, and



b. Fees and cost paid by the carrier as a result of disputing the medical bill issue.



(5) If the issue in dispute relates to a permanent impairment award, the attorney representing the claimant shall be entitled to 20% of the award payable out of that award;



(6) The attorney for a claimant who has not prevailed at the department level but prevails on appeal to the board or State Supreme Court shall be entitled only to the fees as awarded by the board or the Court and shall not apply for additional fees at the department level; and



(7) The attorney for a claimant shall file a request for attorney fees within 60 days from the date of the hearing officers' decision or the ruling on any motion for rehearing.



Source. #6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-B, eff 7-1-07 (formerly Lab 208.01); ss by #10960, eff 10-23-15



Lab 207.02 Award for Fees and Interest at Compensation Appeals Board Hearings.



(a) If the claimant prevails in a contested case appealed to the board, the employer shall pay the claimant reasonable attorneys' fees and costs and interest on unpaid benefits at the rate specified by statute.



(b) The claimant or his attorney shall file a request for the payment of attorneys' fees or interest no later than 60 days after the board has issued its decision in the case or ruled on any motions for rehearing.



(c) If the employer appeals a decision of a hearing officer and prior to the appeal hearing, withdraws that appeal, the employer shall pay reasonable attorney's fees and costs to the employee for preparing for the appeal hearing, unless the parties have reached a lump sum settlement of the case or have otherwise agreed to address the fee issue.



(d) The request shall be as follows:



(1) Requests for approval of an award of attorney's fees and costs pursuant to RSA 281-A:44, shall be submitted with an original and 3 copies to the compensation appeals board. Such requests shall include an itemization of time, costs, and expenses expended in pursuit of the claim before the compensation appeals board, including professional language interpreters as well as a copy of the fee agreement with the claimant, and



(2) Interest shall be computed from the date of injury where compensability is in dispute in the first instance, and benefits have not been paid, or from the date of termination or reduction of benefits where the degree of disability is in dispute or where benefits were terminated or reduced for some other reason. Interest payments shall be computed on indemnity and permanency awards, excluding medical bills, except when they have been paid out of pocket by the claimant.



Source. #8922-B, eff 7-1-07; ss by #9877, eff 2-25-11; ss by #10960, eff 10-23-15



PART Lab 208 ETHICAL STANDARDS FOR PARTICIPANTS IN THE HEARINGS PROCESS



Lab 208.01 Ethical Standards. 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) Hearing officers and board members shall avoid the appearance of impropriety in all activities. They shall conduct themselves in a manner which promotes public confidence in their integrity and impartiality and of the hearings process of the department in general;



(b) Hearing officers, board members, and legal counsel to the department shall:



(1) Perform their duties impartially and diligently;



(2) Know the applicable laws and the rules;



(3) Maintain order and decorum in proceedings before them;



(4) Be patient and courteous to those persons who participate in the hearings process; and



(5) Dispose promptly of matters heard by them;



(c) Hearing officers and board members shall disqualify themselves when their impartiality might be reasonably questioned. They shall not participate in a contested case where they have a personal bias or prejudice concerning a party or a party's representative, or personal knowledge of disputed evidentiary facts concerning the proceeding, or where they or a relative is a party to the proceeding or is known by them to have a substantial interest in the outcome of the proceeding;



(d) Hearing officers and board members shall avoid ex parte communications. They shall not permit private communications concerning a pending matter unless such communications are at the same time provided to all other persons interested in the matter.





(e) Hearing officers and board members shall not directly or indirectly solicit or accept any gift or gratuity from any person or party involved in any contested matter pending before them. Gifts or gratuities include but shall not be limited to meals, alcoholic beverages, hotel accommodations, travel expenses, flowers and the like, but shall not include plaques or other mementos of token value received for speaking engagements or meals received at functions in which the department has a specific part in the program. Gifts or gratuities received unsolicited shall be returned to the donor. Their receipt shall be reported to the commissioner in writing;



(f) A person who has been employed by the department as a hearing officer or legal counsel shall not thereafter appear in any matter before the department on behalf of any party in any matter where the hearing officer or legal counsel was involved in the matter while an employee of the department. A hearing officer or legal counsel shall not appear in any contested case before the department on behalf of any party until the expiration of one year following termination of employment with the department;



(g) No member of the board shall participate directly or indirectly as a representative or any party to a workers' compensation proceeding before a hearing officer at the department of labor, and



(h) A hearing officer, or board member, or any other participant in the hearing process who observes or otherwise becomes aware of a violation of these ethical standards by a hearing officer or by any other participant in the hearing process shall report such violation, in writing, to the commissioner.



Source. #8922-A, eff 7-1-07



PART Lab 209 RESPONSE TO PETITIONS



Lab 209.01 Petition For a Rule or Declaratory Ruling.



(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 wants adopted or the text of the rule as it would be after amended.



(c) A petition for a declaratory ruling shall include the factual circumstances outlining the petitioners circumstances which cause the petitioner to seek the ruling.



Source. #6805-B, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07



New. #8922-A, eff 7-1-07



Lab 209.02 Response.



(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 judgment within 30 days.



Source. #6805-B, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07



New. #8922-A, eff 7-1-07



PART Lab 210 PUBLIC COMMENT HEARINGS



Lab 210.01 Purpose. The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.



Source. #8922-A, eff 7-1-07



Lab 210.02 Public Access and Participation.



(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 names and addresses of organizations, entities or other persons whom they represent, if any.



(c) Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.



Source. #8922-A, eff 7-1-07



Lab 210.03 Limitations on Public Participation. 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 rules that are the subject matter of the hearing; or



(3) Restates more than once want he or she has already stated; and



(b) Limit presentation on behalf of the same organization or entity to no more than 3, providing that all those representing such organization or entity may enter their name and addresses into the record as supporting the position of the organization or entity.



Source. #8922-A, eff 7-1-07



Lab 210.04 Media Access. 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 other members of the public present exceeds the capacity of the hearing room;



(b) Limitations on the placement of cameras to specific locations within the hearing room; or



(c) Prohibition of interviews conducted within the hearing room before or during the hearing.



Source. #8922-A, eff 7-1-07



Lab 210.05 Conduct of Public Comment Hearings.



(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 by the commissioner to preside over the hearing.



(c) The chair or other person presiding over the hearing shall:



(1) Call the hearing to order;



(2) Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;



(3) Cause a recording of the hearing to be made;



(4) Recognize those who wish to be heard;



(5) If necessary, establish limits pursuant to Lab 210.03 and Lab 210.04;



(6) If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;



(7) If necessary, postpone or move the hearing; and



(8) Adjourn or continue a hearing.



(d) A hearing shall be postponed in accordance with RSA 541-A:11,IV when:



(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;



(2) There is no quorum of the board due to illness or unavoidable absence; or



(3) Postponement will facilitate greater participation by the public.



(e) A hearing shall be moved to another location in accordance with RSA 541-A:11,V when the original location is not able to accommodate the number of people who wish to attend the hearing.



(f) A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11,III when:



(1) The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or



(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.



Source. #8922-A, eff 7-1-07



PART Lab 211 EXPLANATION OF ADOPTED RULES



Lab 211.01 Request for Explanation of Adopted Rules. 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 other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.



Source. #8922-B, eff 7-1-07; ss by #10913, eff 8-22-15



Lab 211.02 Contents of Explanation. 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 final form; and



(c) States, if the department did so, why the department overruled any arguments and considerations presented against the rule.



Source. #8922-B, eff 7-1-07; ss by #10913, eff 8-22-15

APPENDIX

Rule

Specific State Statute which the Rule Implements

Lab 201

RSA 281-A:42-a I; RSA 281-A:43; RSA 157-A:10-a, II;

RSA 157-B:13-a, II; RSA 273:11-a, II; RSA 275:41-a; RSA 275:51, V; RSA 275:57 V; RSA 275-A:5; RSA 275-E :4, I; RSA 541-A:30-a

Lab 202

RSA 541-A:36; RSA 281-A:42-a,I; RSA 541-A:30-a

Lab 203.01

RSA 281-A:42-a, I; RSA 281-A:43; RSA 157-A:10-a, II;

RSA 157B:13-a, II; RSA 273:11-a,II; RSA 275:41-a; RSA 275:51,V;

RSA 275:57 V; RSA 275-A:5; RSA 275-E :4, I; RSA 541-A:30-a

Lab 203.02

RSA 541-A:36

Lab 203.03

RSA 541-A:30-a

Lab 203.04

RSA 541-A:30-a, III; RSA 281-A:43 I(a)

Lab 203.05

RSA 541-A:30-a III (h); RSA 281-A:43 I (a) (b)

Lab 203.06

RSA 541-A:30-a III

Lab 203.07

RSA 541-A:30-a; RSA 541-A:31

Lab 203.08

RSA 541-A: 30-a, III

Lab 203.09

RSA 541-A: 49

Lab 203.10

RSA 541-A: 30-a, III (d) (e)

Lab 203.11

RSA 541-A: 30-a, III

Lab 203.12

RSA 541-A: 30-a, III (f)

Lab 203.13

RSA 281-A:60 (d), RSA 281-A:21-b

Lab 204.01

RSA 281-A:43 I (a) (b); RSA-157-A-10a II; RSA 157-B: 13a,II; RSA 273 II a, II; RSA 275:41-a; RSA 275:51 V; RSA 275:57 V; RSA 275-A:5; RSA 275-E:4,I; RSA 541-A:30-a III(a)(b)(c); RSA 157-A:10-A, II;

RSA 157-B:13-a, II; RSA 273 11-a,II

Lab 204.02

RSA 281-A:43 I (a) (b) RSA 541-A:31 III

Lab 204.03

RSA 281-A:43 I (a) (b) RSA 541-A:31 III

Lab 204.04

RSA 281-A:43 I

Lab 204.05

RSA 541-A:30-a, III(k)

Lab 204.06

RSA 541-A:30-a, III(j)

Lab 204.07

RSA 281-A: 23, V (d); RSA 541-A:31 VI, VII; RSA 541-A:33;

RSA 541-A:30-a

Lab 204.08

RSA 281-A:43, I (a), (b), II; RSA 541-A:35

Lab 204.09

RSA 541:3,4,5

Lab 204.10

RSA 541:3,4,5

Lab 204.11

RSA 281-A:44, VI

Lab 205.01

RSA 281-A:50; RSA 281-A:43, I(b)

Lab 205.02

RSA 281-A:43, I (b)

Lab 205.03

RSA 541-A:30-a III, RSA 541-A:31, V

Lab 205.04

RSA 517

Lab 205.05

RSA 541-A:30, III

Lab 205.06

RSA 541-A:31, V

Lab 205.07

RSA 541-A:30, III(k)

Lab 205.08

RSA 541-A:30, III(j)

Lab 205.09

RSA 281-A:23 V (d); RSA 541-A:31 VI,VII; RSA 541-A:33;

RSA 541-A:30-a III

Lab 205.10

RSA 281-A:43, I (b); RSA 281-A:42-a, I; RSA 541-A:35

Lab 206.01

RSA 281-A:43, I (c); RSA 541

Lab 206.02

RSA 541:3

Lab 206.03

RSA 541:4

Lab 206.04

RSA 541:5

Lab 206.05

RSA 541:6

Lab 206.06

RSA 541

Lab 207

RSA 281-A:44, I

Lab 208.01

RSA 281-A:44

Lab 208.01 (a) – (d)

RSA 21-G:27

Lab 208.01 (e)

RSA 21-G:25

Lab 208.01 (f), (g), (h)

RSA 21-G:27

Lab 209.01

RSA 541-A:29

Lab 209.02

RSA 541-A:29

Lab 210

RSA 541-A:16, I (b) (3)

Lab 211

RSA 541-A:11, VII



Save Time & Effort! Our Premium Members Get:
Searchable Rules & Statutes, Compliance Information,
Benefits Calculators, Case Law, & Reference

New Hampshire Compliance Information
New Hampshire Case Law Summaries And Court Opinions
New Hampshire Type And Save Forms
State Comparison Tables
Benefits Calculators
Reference Desk
Email Notification Services