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 adjudication of
issues and the expeditious resolution of disputes. This chapter is 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; ss by #14534, eff 3-12-26
Lab 201.02 Purpose of Hearings. The purpose of any proceeding governed by
this chapter is to permit the department or one of the boards defined in Lab
202.01 or Lab 202.07 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; ss by #14534, eff 3-12-26
PART Lab 202 DEFINITIONS
Lab 202.01 “Compensation Appeals Board (CAB)” 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; ss
by #14534, eff 3-12-26
Lab 202.02 “Department” means the New Hampshire
department of labor.
Source. #14534,
eff 3-12-26
Lab 202.03 “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
the previous 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; ss
by #14534, eff 3-12-26 (formerly Lab 202.02)
Lab 202.04 “Ex parte communication” means the
transmittal of evidence or statements concerning the merits of a contested case to or from a hearing officer, member of the
compensation appeals board, or member of the vocational rehabilitation provider
advisory board without notice to all parties to the proceeding and not done in
their presence.
Source. #8922-A,
eff 7-1-07; ss
by #14534, eff 3-12-26 (formerly Lab 202.03)
Lab 202.05 “Panel” means 3 members of an applicable
board convened to preside over a case.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 202.04)
Lab 202.06 “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; ss
by #14534, eff 3-12-26 (formerly Lab 202.05)
Lab 202.07 “Vocational rehabilitation provider advisory
board (rehabilitation board)” means the “vocational rehabilitation provider
advisory board” as established in 281-A:69.
Source. #14534,
eff 3-12-26
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 superseded
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 the labor commissioner, the labor commissioner’s designee, or board as
applicable.
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; ss by #14534, eff 3-12-26
Lab 203.02 Ex Parte Communication.
(a)
Except where the labor commissioner, the labor commissioner’s designee,
or board as applicable 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 hearing officer or
employee of the department, or member of a board or presiding officer who is
appointed by a board, who is, or would reasonably be expected to be, involved
in the decision process in a contested case governed by this chapter. No
hearing officer or employee of the department or member of a board or presiding
officer who is appointed by a 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 a board or presiding officer who is
appointed by a board and the attorney general's office except when the state is
a party to the matter.
(b)
Once the labor commissioner, the labor commissioner’s designee, or board
as applicable has been assigned to adjudicate a contested matter or dispute,
there shall be no direct communication between the parties or their counsel and
the labor commissioner, the labor commissioner’s designee, or board as
applicable 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
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; ss by #14534, eff 3-12-26
Lab 203.03 Notice of Appearance.
(a)
All attorneys and non-attorney representatives shall file with the labor
commissioner, the labor commissioner’s designee, or board as applicable a
letter of appearance that includes the following:
(1) A brief identification of the matter;
(2) A statement as to whether or not the
representative is an attorney and if so, whether the attorney is licensed to
practice in New Hampshire; and
(3) The attorney or representative’s daytime
address, telephone number, and email address.
(b)
Copies of the notice of appearance shall be provided to all parties of
record.
(c)
An attorney not licensed to practice in New Hampshire shall be permitted
to participate in proceedings in front of the labor commissioner, the labor
commissioner’s designee, or board as applicable if the attorney files a notice
of appearance that includes a statement of good standing from their home
jurisdiction.
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; ss by #14534, eff 3-12-26
Lab 203.04 Failure to Appear.
(a)
A party to a 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)
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.
(c)
A party shall be declared to have failed to be present when that party
has not arrived or contacted the labor commissioner, the labor commissioner’s
designee, or board as applicable as to the reason for being late within 15
minutes after the scheduled start time of the hearing.
(d)
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 labor commissioner,
the labor commissioner’s designee, or board as applicable determines there was
good cause for failing to appear.
(e)
Good cause shall include:
(1) Serious illness;
(2) Hospitalization;
(3) Incarceration;
(4) Death of a family member;
(5) Severe weather; or
(6) Any other unforeseeable circumstance beyond
the party’s control, that justifies the party’s absence from the scheduled
hearing.
(f)
Any party who is unable to appear due to good cause shall make
reasonable effort to notify the labor commissioner, the labor commissioner’s
designee, or board as applicable and all other parties prior to the hearing. If necessary, the party shall make a request
for continuance as outlined in Lab 203.05.
(g)
Prior to issuing an adverse decision, decision by default, or dismissal
of a petition pursuant to Lab 204.04(a), the labor commissioner, the labor
commissioner’s designee, or board as applicable shall require that the party
submit such evidence as the labor commissioner, labor commissioner’s designee,
or board as applicable deems necessary to make a ruling or decision.
(h)
In accordance with the provisions of RSA 281-A:43, I(a), unless the
absence of a party to a workers’ compensation hearing is excused for good cause
as provided in (e), above, 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.
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; ss by #14534, eff 3-12-26
Lab 203.05 Continuances.
(a)
If a continuance is necessary, the party requesting the continuance
shall:
(1) Clearly state the reason for the request and
provide a copy in writing to all parties to the hearing, including the
department or applicable board, at least 7 calendar days prior to the scheduled
hearing;
(2) State that concurrence to the request has
been sought from the opposing party. If no response was received, the moving
party shall outline all attempts made to contact the opposing party; and
(3) State if the opposing party objects,
consents, or takes no position on the request.
(b)
Upon the filing of the request for a continuance, pursuant to (a),
above, the labor commissioner, the labor commissioner’s designee, or board as
applicable shall review the pleading and determine if a compelling need exists
to grant the continuance, such as:
(1) A party 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 case pending in another forum 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, the labor
commissioner’s designee, or board as applicable for the following reasons:
(1) Serious illness;
(2) Hospitalization;
(3) Incarceration;
(4) Death of a family member;
(5) Severe weather; or
(6) Any other unforeseeable circumstance beyond
the party’s control that justifies the party’s absence from the scheduled
hearing.
(d)
Notwithstanding the above, the parties may jointly request a continuance
based on the likelihood that the matter will settle without need for the
scheduled hearing.
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; ss by #14534, eff 3-12-26
Lab 203.06 Motions.
(a)
No motions other than those filed pursuant to this chapter shall be
accepted.
(b)
Any party to a matter pending before the labor commissioner, the labor
commissioner’s designee, or board as applicable may move to dismiss all or part
of a claim due to lack of jurisdiction. The party moving to dismiss a claim on
jurisdictional grounds shall:
(1) File the motion in writing with copy to all
parties of record at least 15 days prior to a scheduled hearing, unless
presented orally to the labor commissioner, the labor commissioner’s designee,
or board as applicable at the time of a scheduled hearing;
(2) Clearly state the purpose of the motion;
(3) Clearly state the relief sought by the
motion; and
(4) Clearly state the facts claimed and relevant
statutes, rules, or other authority supporting the lack of jurisdiction and
relief sought.
(c)
Written replies to a motion filed pursuant to (b), above, shall:
(1) Be made in writing with a copy to all parties
of record no more than 7 days from the date of the motion to dismiss, unless
presented orally to the commissioner, the commissioner’s designee, or board as
applicable at the time of a scheduled hearing;
(2) Clearly state the purpose of the reply;
(3) Clearly state the action which the party
filing the reply seeks the labor commissioner, the labor commissioner’s
designee, or board as applicable to take on the motion; and
(4) Provide any additional or different facts
than those stated in the motion and the relevant statutes, rules, or other
authority relied upon in defense of the motion.
(d)
The labor commissioner, labor commissioner’s designee, or board as
applicable shall rule upon a motion to dismiss on jurisdictional grounds after
full consideration of the motion, objections, and other relevant factors within
7 days of a response filed or within 7 days after the period for submission of
the response has elapsed.
Source. #14534,
eff 3-12-26
Lab 203.07 Stay of Proceedings.
(a)
When the parties to a matter pending before the labor commissioner, the
labor commissioner’s designee, or, board as applicable, are also parties to
another proceeding brought in a court of the United States, court of the state
of New Hampshire, or another jurisdiction dealing with the same issues pending
before the labor commissioner, the labor commissioner’s designee, or board as
applicable, either party may request a stay of the proceedings before the labor
commissioner, the labor commissioner’s designee, or , board as applicable 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 labor commissioner, the
labor commissioner’s designee, or board as applicable;
(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) Acknowledge the requirement to inform the
labor commissioner, the labor commissioner’s designee, or board as applicable,
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 (a), above, the
labor commissioner, the labor commissioner’s designee, or board as applicable
shall review the request and determine if a compelling need exists to stay the
matter pending before the labor commissioner, the labor commissioner’s
designee, or board as applicable by considering:
(1) Whether the issues in the court proceeding
are identical or substantially similar to the issues in the matter pending
before the labor commissioner, the labor commissioner’s designee, or board as
applicable;
(2) Whether the resolution of the proceedings in
the court will have a substantial effect on the resolution of the proceedings
before the labor commissioner, the labor commissioner’s designee, or board as
applicable or render the proceedings before the labor commissioner, the labor
commissioner’s designee, or board as applicable; and
(3) Whether requiring the issue to be heard in 2
forums at the same time would result in an inefficient use of governmental
resources or unduly burden the parties.
(d)
The labor commissioner, labor commissioner’s designee, or board as
applicable 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.
(e)
The party that requested the stay shall notify the labor commissioner,
the labor commissioner’s designee, or board as applicable at the conclusion of
the court proceedings and provide the labor commissioner, the labor
commissioner’s designee, or board as applicable with a documentary proof of the
dispositive outcome.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.06)
Lab 203.08 Remote Hearing.
(a)
The presence of a party or witness to a hearing may appear, or the
entire hearing may be held, remotely via telephonic or video conference call
with approval from the labor commissioner, the labor commissioner’s designee,
or board as applicable. Approval shall be given when all parties consent to
remote hearing, provided that adequate equipment and facilities are available
to allow all parties to the remote hearing to participate fully.
(b)
If all parties do not agree to the presence of a party or the
examination of a witness by telephone or video conference call, the labor
commissioner, the labor commissioner’s designee ,or board as applicable 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 telephonic or video conferencing call to present
the testimony.
(c)
Remote participation of a party or witness to a hearing shall be denied
if the labor commissioner, the labor commissioner’s designee, or board as
applicable determines that the physical presence of the party or witness is
necessary to assess credibility or is otherwise prejudicial.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.07)
Lab 203.09 Consolidation. Where the interests of justice shall be
better served without substantial prejudice to the rights of any party, the
labor commissioner, the labor commissioner’s designee, or board as applicable
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; ss by #14534, eff 3-12-26 (formerly Lab 203.08)
Lab 203.10 Compelling Attendance of a Witness.
The labor commissioner or the labor commissioner’s designee shall as deemed necessary issue subpoenas to compel the
attendance of witnesses at hearings or the production of documents as provided
by in RSA 281-A:49 and RSA 275:51, III.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.09)
Lab 203.11 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; ss by #14534, eff 3-12-26 (formerly Lab 203.10)
Lab 203.12 Control of Hearing.
(a)
Hearing participants shall conduct themselves in an orderly manner. The
hearing officer, presiding officer, or panel members shall regulate the course
of proceedings and shall use reasonable means to control the hearing in cases
of disorder or refusal to comply with the rules of 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, presiding officer, or chair of
the panel shall admonish the offender advising 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, presiding 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 their offensive
conduct or the offensive conduct of their 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 hearing officer,
presiding officer, or panel chair shall warn the disorderly person that their
conduct shall result in a default judgment entered for the case. Such party may
reopen the case upon submitting an offer of proof or argument in an orderly
fashion before the default decision becomes final.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.11)
Lab 203.13 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 this chapter 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; ss by #14534, eff 3-12-26 (formerly Lab 203.12)
Lab 203.14 Public Access.
(a)
All hearings shall be open to the public except for hearings under RSA
281-A.
(b)
The hearings officer, presiding officer, or panel members shall have the
authority to limit the number of the members of the public attending a hearing
to prevent overcrowding or disruption of a hearing room.
(c)
Members of the public shall not be admitted into a hearing room after a
hearing is in progress, until there is a recess in the hearing.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.13)
PART Lab 204 CONDUCT OF HEARINGS BEFORE HEARING OFFICER
Lab 204.01 Requesting a Hearing.
(a)
Any party may petition the commissioner for hearing when directly
affected by any of the following controversies:
(1)
Responsibility of an employer or an employer's insurance carrier for the
payment of compensation and other benefits under the workers' compensation
statute;
(2) A wage claim;
(3) A Whistleblowers' Protection Act claim;
(4) A proposed civil penalty action;
(5) Violation of employment protections under RSA
110-c;
(6) Licensure for inspectors or mechanics under
RSA 157-A and RSA 157-B;
(7) Job restoration or continuing health benefits
under RSA 275:37-d; or
(8) As the result of a wage adjustment performed
by the department.
(b)
The petition shall set forth the reasons for requesting a hearing and
the issues in dispute the petitioner wants resolved.
(c)
The petition shall be filed in writing with the department's office
in Concord and copied, with all supporting documents, to
the opposing party. Delivery of the hearing request to the department shall be
made by first class mail, postage prepaid, via United States mail or
electronically via email to DOL.Scheduling@dol.nh.gov.
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 #14534, eff 3-12-26
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 provided all parties
consent.
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 #14534, eff 3-12-26
Lab 204.03 Notice of Hearing.
(a)
The commissioner or the commissioner's designated representative shall
schedule a hearing at the department.
(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 parties
of record. If a party is represented,
one hearing notice will be sent to the party’s representative.
(c)
A hearing shall be scheduled at some location in the state other than
the department if the commissioner or commissioner's designated 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 the department; or
(2) The hearing relocation is necessary because
the claimant is confined to an institution and cannot be released to attend a
hearing at the department.
(d)
The notice shall contain the section of the law by statute number and
heading concerning the issues in dispute between the parties.
(e)
The notice shall contain a statement that each party has the right to be
represented 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 the notice to the
employer.
(g)
Unless otherwise prohibited by this chapter or by law, and upon the
consent of any party, delivery of notice may be made electronically in lieu of
delivery by first class mail. If a
notice of appearance has been filed, the representative shall be served the
notice of hearing.
(h) Workers’ compensation hearings shall be
scheduled for a date no later than 6 weeks after receipt of the petition filed
in accordance with 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; ss by #14534, eff 3-12-26
Lab 204.04 Expedited Hearing.
(a)
The commissioner or the commissioner’s designated representative shall
grant a request for an expedited hearing upon review of a petition setting
forth facts in sufficient detail to support expedited scheduling of a hearing.
(b)
Reasons for expedited hearing requests shall include, but are not
limited to, economic hardship, medical emergency, or other circumstances in
which a delay of a hearing would cause irreparable harm to any party to the
hearing.
(c)
The opposing party may respond with objection to the request for an
expedited hearing, propose a reasonable timeframe for the expedited hearing, or
request a continuance in accordance with Lab 203.05 following receipt of a
notice scheduling an expedited hearing.
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; ss by #14534, eff 3-12-26
Lab 204.05 Withdrawal of Hearing Officer.
(a)
A hearing officer shall withdraw from any adjudicative proceedings for
good cause on their own initiative or on the motion of any party.
(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 they have prejudged the facts of the case;
or
(3) Personally believes that they cannot fairly
judge the facts of the case.
(c)
Mere knowledge of the issues in dispute for hearing or acquaintances
with any party or witness to the hearing shall not constitute good cause for
withdrawal of a hearing officer.
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 #14534, eff 3-12-26
Lab 204.06 Waiver or Suspension of Rules by the
Hearing Officer. The hearing officer, upon the motion of any
party, or on their 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 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; ss by #14534, eff 3-12-26
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. The commissioner, commissioner’s designee, or the
hearing officer shall waive this 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 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 introducing non-medical evidence shall exchange a list of
documents or exhibits to be offered as evidence at the hearing and a copy of
each document or exhibit 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 forth in RSA 516.
Depositions are allowed only with the agreement of all parties. Depositions
shall be completed, and a transcript submitted to the department and all
parties at least 7 days prior to the hearing.
(d)
If there are disputed material facts where the credibility of testimony
might determine the outcome of the hearing, the hearing officer, on the request
of a party, shall sequester witnesses until they are called to testify.
However, a witness shall be sequestered only if each party, as appropriate, has
one individual present throughout the hearing 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 for a period of one year
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 issued. 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 audio hearing recordings may be requested in writing from the
department. A reasonable fee to cover the cost of the recording and a
processing fee shall be charged to fulfill 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 department 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 and affiliations 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
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 might call; and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party might call.
(m)
Each party shall have the right to present a statement of their position
immediately prior to the close of the hearing. The party having the burden of
proof shall give its statement last. If the hearing officer finds it
necessary for additional submissions at the close of the hearing, any such
submission shall be made within the time frame ordered by the hearings officer.
(n)
The hearing officer shall make a decision 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 hearing officer. 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;
ss by #14534, eff 3-12-26
Lab 204.08 Issuance of a Decision.
(a)
The hearing officer shall issue 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 clear and the hearing officer determines that
further deliberation is unnecessary.
(c)
A copy of the hearing officer’s decision shall be furnished to the
parties, their attorney(s) of record, or the party’s representative.
(d)
Such decision shall be final 30 days after the written decision is
issued unless an appeal is taken to the compensation appeals board or a timely
appeal is taken 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;
ss by #14534, eff 3-12-26
Lab 204.09 Reconsideration, Rehearing, or
Clarifications.
(a)
Any party to the decision may request reconsideration, rehearing, or
clarification of a decision within 10 calendar days of the date of the issuance
of the hearing officer's decision. Any request for reconsideration, rehearing,
or clarification shall be in writing and addressed to the hearing officer and
the commissioner, with a copy to the other party.
(b)
A request for reconsideration, rehearing, or clarification shall
include:
(1) Identification of each error of fact, error
of reasoning, or error of law that the moving party wishes to have
reconsidered;
(2) A description of how each error causes the
department’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) A concise statement outlining the factual
findings, reasoning, or legal conclusion proposed by the moving party;
(4) The relief being requested; and
(5) Any argument or memorandum of law the moving
party wishes to file in support of the request.
(c)
A party opposing a motion for reconsideration, rehearing, or
clarification shall file its response within 7 days of the filing of the
motion. Failure to reply to a motion for
reconsideration, rehearing, or clarification within the time allowed shall
constitute a waiver of objection to the motion but shall not in and of itself
constitute grounds for granting the motion.
(d)
Reconsideration, rehearing, or clarification shall be granted only in
those instances where the hearing officer determines that there is clearly a
mistake or that clarification is needed.
(e)
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 for workers' compensation decisions, or suspend any other time limit or
any other appeal method allowed by statute.
Source. #8922-A,
eff 7-1-07; ss
by #14534, eff 3-12-26
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 of the motion where no response or
objection has been filed. The department shall grant or deny the motion within
10 days of receipt of a response or objection filed in accordance with Lab
204.09(c).
Source. #8922-A,
eff 7-1-07; ss
by #14534, eff 3-12-26
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; ss by #14534, eff 3-12-26
Lab 205.02 Procedures Prior to the Appeal Hearing.
(a)
Upon 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 the 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 compensation appeals board shall waive (c), above, upon finding that
a party cannot reasonably comply due to lack of financial or technical
resources.
Source. #8922-A,
eff 7-1-07; amd by #9877, eff 2-25-11; ss by #14534, eff 3-12-26
(formerly Lab 205.03)
Lab 205.03 Time
and Date of Hearing.
(a)
The compensation appeals board shall schedule the appeal hearing and
send notice to the parties of record containing the date, time, and location of
the hearing at least 14 calendar days prior to the appeal hearing. If a party
is represented by counsel, one hearing notice will be sent to the counsel of
record.
(b)
If all parties agree, the 14 day notice may be waived.
(c)
The notice shall contain the section of the law by statute number and
heading relating to the issues in dispute between the parties.
(d)
The notice shall contain a statement that each party has the right to
have representation by an attorney at the party’s own expense.
(e)
Upon receipt of a notice of hearing, the insurance carrier or third
party administrator shall immediately forward a copy of same to the
employer.
(f)
Unless otherwise prohibited by this chapter or by law, upon the consent
of any party, delivery may be by fax or electronic mail, in lieu of delivery by
first class mail. If a notice of
appearance has been filed, the representative shall be served.
(g)
A worker’s compensation appeal hearing shall be scheduled for a date no
later than 6 weeks after receipt of the appeal petition.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 205.02)
Lab 205.04 Depositions.
(a)
In any appeal proceeding before the panel of 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
appeal hearing on the merits the party seeking to take the deposition of a
non-medical witness shall first submit a written notice to the compensation
appeals board of the party’s intent to take the deposition of a non-medical
witness. This notice shall be provided at the time the scheduling statement is
completed, pursuant to Lab 205.02, 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 that:
(1) It is not possible for the witness to appear
in person at a hearing due to illness or injury, or that the witness cannot 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; ss by #14534, eff 3-12-26
Lab 205.05 Motions.
(a)
All dispositive motions, motions to exclude disclosed evidence, and
motions challenging jurisdiction or raising procedural matters shall be filed
in accordance with Lab 203.06 in triplicate.
(b)
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; ss by #14534, eff 3-12-26
Lab 205.06 Prehearing Conference.
(a)
The compensation appeals board shall schedule a prehearing conference to
consider:
(1) Any pending evidentiary, procedural, or
dispositive motions with the parties stipulating to uncontested facts; and
(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 and parties 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
compensation appeals 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 if more than 2 hours
is needed for a hearing.
Source. #8922-A,
eff 7-1-07; amd by #9877, eff 2-25-11; ss by #14534, eff 3-12-26
Lab 205.07 Withdrawal of a Panel Member.
(a)
Upon their own initiative or upon the motion of any party, a 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 they have prejudged the facts of the case;
or
(3) Personally believes that they 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; ss by #14534, eff 3-12-26
Lab 205.08 Waiver or Suspension of Rules by the Panel. The chair of the panel, upon the motion of
any party, or on their 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; ss by #14534, eff 3-12-26
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 compensation appeals board 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 submission as required by (a) above, pending ruling on any
objections.
(d)
All medical evidence shall be furnished to the opposing parties 5
business days before the hearing date. A
list of all non-medical witnesses and evidence shall be furnished to the
opposing parties 2 business days prior to the hearing date.
(e)
The panel shall, upon objection of any party, prohibit introduction of
evidence or submissions that were not disclosed prior to the hearing upon a
finding that the objecting party would be prejudiced by the admission.
(f)
Unless waived by the parties, an audio 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 one year following the order or ruling of the
panel on the issues presented. Copies of audio recordings shall be available
for a fee to cover the cost of the audio recording within one year 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, so long as that party bears the cost.
(g)
The panel, on the request of a party, shall sequester witnesses until
they are called to testify. However, a
witness shall be sequestered, as appropriate, only if one individual from each
party remains present in the hearing room throughout the process to ensure
neither side is placed at an unfair advantage.
(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 of the panel 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 safeguard the
rights of the parties. The chair shall rule on all matters of evidence and
procedure relative to the conduct of the hearing. 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 chair
shall exclude evidence on the basis that it is irrelevant, immaterial, or
unduly repetitious.
(j)
Each party shall have the opportunity to present a closing statement at
the conclusion of the hearing. The insurance carrier or 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; ss by #14534, eff 3-12-26
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 a majority vote.
(b)
The parties may submit proposed findings of facts and rulings of law.
(c)
Each such proposed finding of fact or ruling of law shall:
(1) Be stated in clear and concise language; and
(2) Consist of relevant fact(s) 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
directly relevant to the issues under consideration.
Source. #8922-A,
eff 7-1-07; ss by #14534, eff 3-12-26
PART Lab 206 APPEAL OF THE DECISION OF THE COMPENSATION
APPEALS BOARD
Lab 206.01 Motion for Rehearing.
(a)
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.
(b)
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 has 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 a copy to all
parties.
(c)
Upon the filing of such motion for rehearing, the panel shall within 10
calendar days either grant or deny the motion, or suspend the order or decision
complained of pending further consideration.
(d)
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 statute 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; 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; ss by #14534, eff
3-12-26 (formerly Lab 206.02-Lab
206.04)
Lab 206.02 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 party aggrieved by an
order may appeal by petition to the supreme court pursuant to RSA 281-A:43,
I(c) 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 (formerly Lab 206.04); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26
(formerly Lab 206.05)
PART Lab 207 HEARINGS
REGARDING CVRP OR CVRPI MISCONDUCT COMPLAINTS
Lab 207.01 Presiding Officer.
(a)
The board, which for this part means the vocation rehabilitation
advisory board, shall designate a presiding officer to conduct a hearing on any
certified vocational rehabilitation provider (CVRP) or certified vocational
rehabilitation provider intern (CVRPI) misconduct complaints filed pursuant to
Lab 516.11 when:
(1) The complaint has not been dismissed by the
board; or
(2) The complainant disagrees with the board’s
dismissal of a complaint filed pursuant to Lab 516.11.
(b)
The presiding officer shall conduct the proceedings as hearing officer
in accordance with the procedural rules set forth at Lab 203 and Lab 204.01
through Lab 204.07.
Source. #14534,
eff 3-12-26
Lab 207.02 Delivery of Documents. Notwithstanding the provisions of Lab 204,
documents submitted for CVRP or CVRPI misconduct hearings shall be filed with
the board electronically at VocRehab@dol.nh.gov.
Source. #14534,
eff 3-12-26
Lab 207.03 Intervention.
(a)
A non-party complainant may intervene in a matter pending before a
presiding officer under the provisions of RSA 541-A:32 by filing a written
motion stating facts demonstrating that the non-party complainant’s rights or
other substantial interests might be affected by the proceeding.
(b) The presiding officer shall grant
intervention if they determine that such intervention would be in the interests
of justice and would not impair the orderly and prompt conduct of the hearing.
(c) An intervenor shall have no role
in the disciplinary hearing of the CVRP or CVRPI complained against other than
that of witness unless the intervenor petitions for, and is granted, the right
to intervene.
Source. #14534,
eff 3-12-26
Lab 207.04 Role of the Board’s Special Investigator. The special investigator appointed by the
board pursuant to Lab 516.11(d)(2) shall be the party to present the case
against the CVRP or CVRPI.
Source. #14534,
eff 3-12-26
Lab 207.05 Role of Board Staff in Hearings. Board staff shall have no role in misconduct
hearings unless called as a witness by a party to the hearing.
Source. #14534,
eff 3-12-26
Lab 207.06 Public Records. Transcripts of testimony as well as
documents and materials admitted into evidence shall be public records unless
the presiding officer determines that all or part of them is exempt from
disclosure under RSA 281-A:21-b, RSA 91-A:5, or applicable case law.
Source. #14534,
eff 3-12-26
Lab 207.07 Disposition.
(a)
The presiding officer shall, within 15 days of the hearing, serve the
board with a proposed disposition and a copy of the record. The proposed
disposition shall include:
(1) A statement of the reason for the proposed
disposition; and
(2) Findings of fact and rulings of law relevant
to the proposed disposition.
(b)
The board shall review the proposed disposition and hearing record and
render a written decision disposing of the matter no later than 30 days from
the date of the proposed disposition.
The written decision disposing of the matter shall include any possible
sanctions, including warning, suspension, or revocation of a certificate. The decision shall not become final until the
possibility of rehearing as set forth in Lab 209.08 is exhausted.
(c)
A written disposition of the board shall not become final until the
possibility of rehearing is exhausted.
(d)
The board shall keep a final decision in its records for at least 5
years following its date of issuance, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source. #14534,
eff 3-12-26
Lab 207.08 Request for Reconsideration, Rehearing, or
Clarification.
(a)
A CVRP or CVRPI aggrieved by a disposition of the board may, within 30
days from the date of the disposition, apply for a rehearing with respect to
any matter determined in the disposition or covered by the disposition,
specifying the grounds for the motion for rehearing. Objections to the motion for rehearing shall
be filed within 5 working days of the request for rehearing.
(b)
A motion for rehearing shall set forth fully every ground which it is
claimed that the disposition complained of is unlawful or unreasonable. No appeal shall be taken unless the aggrieved
party has made an application for rehearing as herein provided. When such application is made, no ground not
set forth in the application shall be considered by the board. Motions for rehearing under this section and
RSA 541 shall be submitted to the board with a copy to all parties.
(c)
The board shall, within 10 calendar days of receipt of a motion for
rehearing or objection to motion for rehearing, grant or deny the motion.
(d)
A motion for rehearing shall only be granted if:
(1) Evidence is presented with the motion for
rehearing that was not available at the time of hearing which the board
determines would change the disposition;
(2) The party making the motion for rehearing
demonstrates that the board erred concerning interpretation or application of
applicable state statute or administrative rule; or
(3) The party making the motion for rehearing
demonstrates the disposition is contrary to controlling law.
Source. #14534,
eff 3-12-26
Lab 207.09 Settlement of Some or All Issues in a
Dispute. Any CVRP or CVRPI who has a dispute before the board shall have
the opportunity at any time to settle some or all of the issues. To be effective, an agreement to settle shall
be:
(a)
In writing;
(b)
Signed by the CVRP or CVRPI; and
(c)
Finalized as an order issued by the board.
Source. #14534,
eff 3-12-26
PART Lab 208 AWARD OF FEES AND INTEREST IN WORKERS’
COMPENSATION CLAIMS
Lab 208.01 Attorney Fees in Workers’ Compensation
Hearings.
(a)
An attorney for a claimant who prevails in a workers’ compensation
hearing before a hearing officer shall be entitled to reasonable attorney’s
fees and costs 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 ordered, 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 disputed as not reasonable,
necessary, or causally related to a compensable injury, or 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. Reasonable fees and cost paid by the carrier
as a result of the medical bill dispute; and
(5) If the issue in dispute relates to concerns a
permanent impairment award, the attorney representing the claimant shall be
entitled to 20% of the award payable out of that award.
(b)
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 those fees and costs as awarded by the board or the court
resulting from those proceedings and shall not apply for additional fees or
costs incurred at the department level.
(c)
The attorney for a claimant shall file a request for attorney fees
within 60 days from the date of the hearing officer’s 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; ss by #14534, eff 3-12-26 (formerly Lab 207.01)
Lab 208.02 Award of Fees and Interest at Compensation
Appeals Board Hearings.
(a)
If the claimant prevails in a contested case appealed to the
compensation appeals board, the carrier shall pay the claimant reasonable
attorney’s fees and costs and interest on unpaid benefits at the rate specified
by RSA 281-A:44, II.
(b)
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.
(c)
The claimant or their attorney shall file a request for the payment of
attorney’s 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.
(d)
Requests for approval of an award of attorney's fees and costs pursuant
to RSA 281-A:44, shall be submitted 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, and a
copy of the fee agreement with the claimant, and compute the applicable
interest in accordance with RSA 281-A:44, III.
Source. #8922-B, eff 7-1-07; ss by #9877, eff 2-25-11; ss by #10960, eff
10-23-15; ss by #14534, eff 3-12-26 (formerly Lab 207.02)
PART Lab 209 ETHICAL STANDARDS FOR PARTICIPANTS IN THE
HEARINGS PROCESS
Lab 209.01 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 covered by this chapter 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 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, 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
as defined by Lab 202.04. 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 of any value 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 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 as quickly as possible but not later than 7 days
following receipt. Written notification of receipt of gifts or gratuities shall
be reported to the commissioner no later than 5 days following receipt;
(f)
A person who has been employed by the department as a hearing officer
shall not thereafter appear before the department on behalf of any party in a
matter where the hearing officer was involved while an employee of the
department. A hearing officer 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 to a proceeding before a hearing officer at the department of
labor; and
(h)
A hearing officer, board member, member of the department, 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; ss
by #14534, eff 3-12-26 (formerly Lab 208.01)
PART Lab 210 RESPONSE TO PETITIONS
Lab 210.01 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)
Those petitioning for a declaratory ruling, as defined by RSA 541-A:1,
V, shall submit the following information to the commissioner in writing:
(1) The specific statute, rule, or order whose
applicability is being questioned;
(2) The interest of the petitioner;
(3) The activity in question; and
(4) The name, address, and phone number of the
petitioner.
(d)
Any petition which does not contain the information in (c) above shall
be inadequate.
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; ss by #14534, eff 3-12-26 (formerly Lab 209.01)
Lab 210.02 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 commissioner shall act on the petition for declaratory ruling within
30 days after receipt of all information required by Lab 210.01(c) as follows:
(1) Issue a written declaratory ruling;
(2) Reject the declaratory ruling petition if it
is inadequate, beyond the scope of the commissioner’s authority, involves a
hypothetical situation, or otherwise seeks advice as to how the commissioner
would decide a future case, or there is pending legislation or rulemaking, a
pending administrative or judicial proceeding, or a pending investigation or
examination that will address the petition; or
(3) Refer the petition to the department of
justice when the commissioner requires legal guidance.
(c)
When the commissioner refers a petition to the department of justice in
accordance with Lab 210.02(b)(3), the commissioner shall have 120 days from
receipt of the petition to render a decision on the petition.
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; ss by #14534, eff 3-12-26 (formerly Lab 209.02)
PART Lab 211 PUBLIC COMMENT HEARINGS
Lab 211.01 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; ss by #14534, eff 3-12-26 (formerly Lab 210.01)
Lab 211.02 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 211.03.
(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; ss by #14534, eff 3-12-26 (formerly Lab 210.02)
Lab 211.03 Limitations on Public Participation. The labor commissioner, the labor
commissioner’s designee, or board as applicable 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 what they have
already stated; and
(b)
Limit presentation on behalf of the same organization or entity to no
more than 15 minutes, 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; ss by #14534, eff 3-12-26 (formerly Lab 210.03)
Lab 211.04 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; ss by #14534, eff 3-12-26 (formerly Lab 210.04)
Lab 211.05 Conduct of Public Comment Hearings.
(a)
Public comment hearings shall be attended by the labor commissioner, the
commissioner’s designee, or board as applicable.
(b)
Public comment hearings shall be presided over by the labor
commissioner, the labor commissioner’s designee, or board as applicable
knowledgeable in the subject area of the proposed rules who has been designated
by the commissioner to preside over the hearing.
(c)
The labor commissioner, the labor commissioner’s designee, or board as
applicable 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 211.03 and Lab 211.04;
(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; ss by #14534, eff 3-12-26 (formerly Lab 210.05)
PART Lab 212 EXPLANATION OF ADOPTED RULES
Lab 212.01 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 department or respective board including:
(a)
The name and address of the person making the request; or
(b)
If the request is from 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 ss by #14534, eff 3-12-26
(formerly Lab 211.01)
Lab 212.02 Contents of Explanation. The department or respective board shall,
within 90 days of receiving a request for an explanation of an adopted rule,
provide a written response which:
(a)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(b)
States, why the department or respective board overruled any arguments
and considerations presented against the rule.
Source. #8922-B, eff 7-1-07; ss by #10913, eff 8-22-15 ss by #14534, eff 3-12-26
(formerly Lab 211.02)
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 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; RSA 273 |
|
Lab 203.01 |
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 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; RSA 541-A:31 |
|
Lab 203.07 |
RSA 541-A:30-a, III |
|
Lab 203.08 |
RSA 541-A:30-a; RSA 541-A:31 |
|
Lab 203.09 |
RSA 541-A:30-a, III |
|
Lab 203.10 |
RSA 281-A:49; RSA 275:51, III |
|
Lab 203.11 |
RSA 541-A:30-a, III(d) & (e) |
|
Lab 203.12 |
RSA 541-A:30-a, III |
|
Lab 203.13 |
RSA 541-A:30-a, III(f) |
|
Lab 203.14 |
RSA 281-A:60, I(d); RSA 281-A:21-b |
|
|
|
|
Lab 204.01 |
RSA 281-A:43, I(a) & (b); RSA
157-A:10-a, II; RSA 157-B:13-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
281-A:69; RSA 275:37-d |
|
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; RSA 541-A:31 |
|
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 205.01 |
RSA 281-A:50; RSA 281-A:43, I(b) |
|
Lab 205.02 |
RSA 281-A:43, I(b), RSA 541-A:30-a, III;
RSA 541-A:31, V |
|
Lab 205.03 |
RSA 281-A:43, I(b) |
|
Lab 205.04 |
RSA 517 |
|
Lab 205.05 |
RSA 281-A:43 |
|
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 541; RSA 541:3; RSA 541:4, RSA
541:5, RSA 281-A:43, I(c) |
|
Lab 206.02 |
RSA 541:6 |
|
Lab 207.01 |
RSA 281-A:25; RSA 281-A:68 RSA 281-A:69,
RSA 541-A:30 |
|
Lab 207.02 |
RSA 281-A:68; RSA 281-A:69 |
|
Lab
207.03 |
RSA 281-A:25; RSA 281-A:68; RSA
281-A:69; RSA 541-A:32 |
|
Lab 207.04 |
RSA 281-A:68; RSA 281-A:69 |
|
Lab 207.05 |
RSA 281-A:68; RSA 281-A:69 |
|
Lab 207.06 |
RSA 281-A:21-b; RSA 281-A:68; RSA
281-A:69, |
|
Lab 207.07 |
RSA 281-A:68; RSA 281-A:69; RSA
541-A:34; RSA 541-A:35 |
|
Lab 207.08 |
RSA 541 |
|
Lab 207.09 |
RSA 281-A:68; RSA 281-A:69 |
|
|
|
|
Lab 208 |
RSA 281-A:44, I-III |
|
|
|
|
Lab 209.01 |
RSA 281-A:43 |
|
Lab 209.01(a) – (d) |
RSA 21-G:27 |
|
Lab 209.01(e) |
RSA 21-G:25 |
|
Lab 209.01(f), (g), & (h) |
RSA 21-G:27 |
|
|
|
|
Lab 210.01 |
RSA 541-A:29 |
|
Lab 210.02 |
RSA 541-A:29 |
|
|
|
|
Lab 211 |
RSA 541-A:16, I(b)(3) |
|
|
|
|
Lab 212 |
RSA 541-A:11, VII |