Department
of Employment Security
45
South Fruit Street
Concord,
NH 03301
(603)
228-4065
CHAPTER
Emp 100 ORGANIZATIONAL RULES
REVISION NOTE:
Document
#10080, effective 1-30-12, adopted new definitions, and readopted and
renumbered some of the existing definitions, in Part Emp 101. Document #10080 also adopted new Part Emp 102
on description of the Department and Part Emp 103 on public requests for
information. Part Emp 102 had originally
contained Emp 102.01 on adoption, amendment, and repeal of rules, filed under
Document #5135, effective 5-6-91, and Emp 102.02 through Emp 102.05 on
petitions for declaratory rulings, filed under Document #5136, effective
5-6-91. Document #6565-B, effective
9-2-97, had subsequently readopted with amendments and renumbered Part Emp 102
as Part Emp 205.
Document
#10081, effective 1-30-12, readopted and renumbered the remaining definitions
in Part Emp 101 as definitions in Part 301.
Document #10081 also renumbered, but did not readopt, the existing rules
in Emp 301 through Emp 307 as Emp 302 through Emp 308. The source notes for rules in Emp 302 through
Emp 308 contain the document numbers and effective dates for rules under the
former rule number, as noted in the source notes.
The definitions
adopted by Document #10080 include the following terms:
Emp 101.01
“Department”
Emp 101.02
“Commissioner”
Emp 101.03
“Deputy commissioner”
Emp 101.04
“House counsel”
Emp 101.05
“Bureau”
The definitions readopted and
renumbered by Document #10080 include the following terms. The former Emp 101.06 had been a reserved
number:
New
Number Former
Number
Emp
101.06 “Employing unit” Emp
101.05
Emp
101.07 “Services” Emp
101.08
Emp
101.08 “Week” Emp
101.09
The definitions readopted and
renumbered by Document #10081 include the following terms:
New
Number Former
Number
Emp
301.01 “Break in service” Emp
101.01
Emp
301.02 “Casual labor” Emp
101.02
Emp
301.03 “Contract for services” Emp
101.03
Emp
301.04 “Date of hire” Emp
101.04
Emp
301.05 “Multistate employing unit” Emp
101.07
Emp
301.06 “Work state” Emp
101.10
Document #10080 and Document #10081 supersede all prior
filings for the definitions in the former Part Emp 101. The filings affecting the definitions in the
former Part Emp 101 include the following documents:
#2234, eff 1-1-83 #4350,
eff 12-28-97
#2465, EMERGENCY, eff
8-16-83 #5134, eff
5-6-91
#2466,
EMERGENCY, eff 8-17-83 #5139,
eff 5-6-91
#2555,
eff 12-23-83 #6504,
INTERIM, eff 5-5-97
#2930,
eff 12-21-84 #6565-A,
eff 9-2-97
#3085,
EMERGENCY, eff 8-5-85 #6659,
eff 12-23-97
#3154,
eff 12-20-85 #7245,
eff 4-30-00
PART
Emp 101 DEFINITIONS
Emp 101.01 “Bureau”
means a principal unit within the department.
Source. (See
Revision Note at chapter heading for Emp 100) #10080, eff 1-30-12; renumbered by #10193, INTERIM (from Emp
101.05)
Emp
101.02 “Commissioner” means the
commissioner of the department.
Source. (See
Revision Note at chapter heading for Emp 100) #10080, eff 1-30-12; renumbered by #10193, INTERIM (from Emp
101.02)
Emp 101.03 “Department”
means the New Hampshire department of employment security.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12; renumbered
by #10193, INTERIM, (from Emp 101.01)
Emp101.04 “Deputy
commissioner” means the deputy commissioner of the department.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12; renumbered
by #10193, INTERIM (from Emp 101.03)
Emp 101.05
“Employing unit” means “employing unit” as defined in RSA 282-A:7,
I. The term includes employer, labor
organization, limited liability company and governmental entity.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12; renumbered
by #10193, INTERIM (from Emp 101.06)
Emp 101.06 “Equivalent
or better work” means work which based on each of the criteria at 282-A:32,
I(d)(1)(A) through (E), is not less suitable.
Source. #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-A, eff
5-7-13
Emp 101.07 “House
counsel” means the department’s general counsel and counsel.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12; renumbered
by #10193, INTERIM (from Emp 101.04)
Emp 101.08
“Immediately available” means based on the current labor market the
claimant is likely to successfully obtain such work in 27 or fewer calendar
days.
Source. #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-A, eff
5-7-13
Emp 101.09 “Most
recent employer” - REPEALED
Source. #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13;
New. #10329-A, eff
5-7-13;
rpld by #12391, eff 9-28-17
Emp 101.10 “Not immediately
available” means based on the current labor market the claimant is not likely
to successfully obtain such work in 27 or fewer calendar days.
Source. #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-A, eff
5-7-13
Emp 101.11
“Permanent work” means either work with no definite end date that is
expected to last more than 26 weeks from the beginning date of such work, or
work with a definite end date that is more than 26 weeks from the beginning
date of such work.
Source. #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-A, eff
5-7-13
Emp 101.12 “Services”
means the performance of labor for the benefit of another.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12; renumbered
by #10193, INTERIM (from Emp 101.07)
Emp 101.13 “Substantially
less favorable” means in the case of wages, total remuneration at a rate of
less than 80 percent of the prevailing rate, including benefits, and in the
case of non-remuneration conditions, materially reduced below the standard
under which the majority of individuals customarily work.
Source. #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-A, eff
5-7-13
Emp 101.14
“Temporary work” means work with no definite end date that is expected
to last 26 or fewer weeks from the beginning date of such work, or work with a
definite end date that is 26 or fewer weeks from the beginning date of such
work.
Source. #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-A, eff
5-7-13
Emp 101.15 “Week”
means the 7 consecutive calendar days beginning at 12:01 A.M. Sunday and ending at 12:00 midnight on the next succeeding
Saturday, unless otherwise specifically defined in RSA 282-A.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12; renumbered
by #10193, INTERIM (from Emp 101.08)
PART Emp 102 DESCRIPTION OF THE DEPARTMENT
Emp 102.01 Commissioner;
Commissioner’s Office. The
department is under the direction of the commissioner.
(a) The
commissioner, senior administrator for the department, implements the policies
and programs of the department, submits the budget and has a grant of authority
pursuant to RSA 282-A:112.
(b) The
commissioner’s office is responsible for the general oversight and operational
needs of the department and the supervision of the department’s various bureaus
which are herein described.
Source. (See Revision Note
at chapter heading for Emp 100) #10080,
eff 1-30-12
Emp 102.02 Deputy
Commissioner. The deputy commissioner
is
responsible for all:
(a) Duties assigned
to him or her by the commissioner; and
(b) Powers and
duties of the commissioner in the event that the commissioner is, for any
reason, unable to carry them out.
Source. (See Revision Note
at chapter heading for Emp 100) #10080,
eff 1-30-12
Emp 102.03 House
Counsel.
(a) The position of
house counsel is established by RSA 282-A:136.
(b) The house
counsel includes the department's general counsel and counsel.
(c) The general
counsel and counsel are appointed by the commissioner.
(d) The general
counsel and counsel are responsible for all duties assigned by the
commissioner.
Source. (See Revision Note
at chapter heading for Emp 100) #10080,
eff 1-30-12
Emp 102.04 Employment
Service Bureau.
(a) The function of
the employment service bureau is to operate the department’s free public employment
service.
(b) The employment
service bureau helps people find work through work search programs, employment
information and economic and labor market information.
(c) The employment
service bureau helps employers with job openings, and provides economic and
labor market information which benefits the employer in making informed
decisions about their business, relative to the economy.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12
Emp 102.05 Unemployment Compensation Bureau.
(a)
The unemployment compensation bureau is responsible for:
(1) Paying benefits to eligible
claimants temporarily unemployed or underemployed through no fault of their
own; and
(2) Collecting taxes from employers to fund the benefit payments.
(b) The advisory
council on unemployment compensation is a component of the unemployment compensation
bureau and is responsible for:
(1) Aiding the commissioner in formulating
policies and discussing problems related to the administration of RSA 282-A;
and
(2) Assuring impartiality and freedom from
political influence in the solution of such problems.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12
Emp 102.06 Economic and Labor Market Information Bureau.
(a) The function of the economic and labor market information bureau is to develop and disseminate labor market information and measure labor market outcomes. These activities assist public officials, private employers, educators and trainers, and the public in making decisions that promote economic opportunity and the efficient use of state labor resources.
(b) The economic and labor market information bureau is
the resource for employment statistics, demographics, and economic and labor
market information in New Hampshire, including the unemployment rate.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12
PART Emp 103 PUBLIC REQUESTS FOR INFORMATION
Emp 103.01 Obtaining
Records.
(a) To the extent
allowed by law, the department shall permit interested persons and/or entities
to examine and copy department records.
(b) Requests for
information may be made by writing to the department, at 45 South Fruit Street,
Concord, New Hampshire 03301 or by calling 224-3311.
(c)
The person or entity that requests copies of department records shall
pay the actual costs of copying.
Source. (See Revision Note at chapter heading for Emp
100) #10080, eff 1-30-12
CHAPTER
Emp 200 COMPLAINTS AND HEARING
PROCEDURES
PART
Emp 201 APPEAL FROM DETERMINATION OF
EMPLOYER LIABILITY
Emp 201.01 Form
and Content. The written appeal of
an employing unit or employer who claims to be aggrieved by a determination
made under RSA 282-A:94, shall set forth in detail the specific facts which
constitute the basis of its case and/or argument as to the law.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.02 Notice
of Hearing. A hearing shall be scheduled
promptly, and notice thereof shall state the date, time and place of hearing
and be sent by first class mail to the affected persons at their last address
according to the department records. A
copy of the appeal shall be sent to all persons affected except the appellant.
Source. #2234, eff 1-1-83; amd
by #2490, eff 10-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.03 Evidence,
Testimony and Records. Testimony
shall be taken under oath or affirmation and a verbatim record of the
proceedings shall be made. Such records,
reports, summaries and compilations of the department as are material shall
constitute part of the evidence in the case upon introduction by department
personnel.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.04 Examination
of Department Records. Such records,
reports, summaries and compilations of the department as may be material shall
be made available for examination by the parties at 45 South Fruit Street,
Concord, New Hampshire. Parties desiring
to examine said records shall, prior to the hearing, file a notice requesting
said examination and the commissioner shall set a time when said records shall
be available.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.05 Examination
of Parties and Witnesses. All
parties shall have the right to testify, to present witnesses and to examine
and cross-examine other parties and witnesses and department personnel with
regard to the department records, reports, and summaries and compilations.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.06 Scope
of Hearing. In the interest of
prompt administration of justice and without prejudice to the substantive
rights of any party, any issue material to the appeal may be heard and decided
though not specifically indicated as a ground for appeal or in the notice of
hearing. Cases shall be consolidated by
the commissioner for hearing and decision which arise from common transactions
or facts or are controlled by the same principles of law and the appeal will be
simplified or shortened and where there will be no prejudice to the substantive
rights of any party.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.07 Adjournment,
Postponement and Continuance.
Adjournment, postponement and continuance shall be directed, granted or
ordered for good cause shown, which shall include prejudice due to the
inability of counsel or a critical witness to attend unless such inability is
due to action or inaction on the part of the party. Notice of adjournment, postponement or
continuance shall be by first class mail to all parties at their last address
according to the department records.
Source. #2234, eff 1-1-83; amd
by #2490, eff 10-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.08 Failure to Request Continuance or
Postponement, or to Appear. Failure
except for good cause such as accident or illness, to appear at any scheduled hearing, or to request a postponement
or continuance of the hearing in advance thereof, shall be deemed to be a
withdrawal of the appeal or waiver of right to be heard, as the case may be,
and the appeal shall be closed, dismissed or a decision rendered.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5140, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
Emp 201.09 Decision. The commissioner’s decision shall be rendered
promptly after the case is submitted, and shall contain a statement of the
issues, the findings of fact, the conclusions, and the reasons therefor.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97;
ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06
PART
Emp 202 APPEAL TRIBUNAL
Emp 202.01 Appeal
to and Hearing by Appeal Tribunal.
(a) An appeal to an
appeal tribunal from a certifying officer’s determination shall be in writing
and filed in any office of the department within 14 calendar days from the date
of mailing of said determination. The
commissioner shall extend the time for filing pursuant to RSA 282-A:48 if he
finds sufficient grounds which shall include illness, accident, the death of a
family member, or similar problem beyond the control of the claimant, to
justify or excuse a delay in filing.
(b) Notice of an
appeal shall immediately be sent by e-mail notice pursuant to Emp 405.01, Emp
405.03, or Emp 405.05, or by first class mail to the other interested parties
and third party administrators or other representatives, and an appeal tribunal
chairman shall by e-mail notice pursuant to Emp 405.01, Emp 405.03, or Emp
405.05, or by first class mail send notice of the time and place of hearing to
all interested parties and third party administrators or other
representatives. The notice shall advise
parties that they may be represented by an attorney or other authorized
representative of their choosing and that free or low cost assistance may be
available.
(c) The appeal shall
be heard at the earliest possible date, but not earlier than the eighth
calendar day after notice of the hearing has been sent by e-mail notice
pursuant to Emp 405.01, Emp 405.03, or Emp 405.05, or by first class mail to
the interested parties, third party administrators, or other representatives
unless the commissioner finds:
(1) The interested parties, or their third party
administrators, or other representatives have either:
a. Agreed in writing to less than 8 calendar
days of notice; or
b. Agreed on the record while under oath to less
than 8 calendar days of notice;
(2) The holding of an earlier hearing is not
likely to result in the absence of witnesses or evidence which would otherwise
be available;
(3) The holding of an earlier hearing will serve
justice and efficiency; and
(4) The holding of an earlier hearing will not
adversely affect the appeal tribunal's ability to efficiently manage the
docket.
(d) The interested
parties shall be present and ready with all witnesses and evidence, and shall
be prepared to dispose of all issues relating to entitlement to benefits, at
the scheduled place and time.
(e) To the extent
possible the appeal shall set forth the grounds upon which it is claimed that
the certifying officer's determination is incorrect. However, any issue relevant to claims shall
be considered at the hearing, except where the jurisdiction of the appeal
tribunal is limited upon further hearing when reopening is ordered by the
commissioner.
(f) All department
records used at the hearing shall be produced and identified at the hearing by
the chairman, reviewed by the tribunal and may be examined by the parties. Records, other than department records, shall
be admitted only when in the judgment of the chairman such are duly
authenticated.
(g) The chairman of
an appeal tribunal shall determine all questions as to the admissibility of
evidence. All members of the tribunal
may examine a witness. The chairman
shall swear all witnesses or obtain their affirmation. The chairman shall determine the procedure
and shall, for no longer than 30 days except with the approval of the
commissioner, continue, adjourn or postpone a hearing.
(h) A hearing shall
be continued, adjourned or postponed for up to 30 days by the chairman or
longer than 30 days with the approval of the commissioner if the chairman or,
if necessary, the commissioner find that continuance, adjournment or
postponement are required for:
(1) A prehearing conference;
(2) Proper notice to an interested party;
(3) Obtaining the presence of a witness;
(4) Avoiding fraud or mistake;
(5) Providing due process; or
(6) Similar reasons.
(i) If a party wishes to submit evidence after
the close of a hearing, the party shall submit a request to the appeal tribunal
with notice to the other parties. The
tribunal shall give notice of the request to the other parties of their right
to object to the taking of the evidence and to refute the evidence. Where further hearing is ordered, notice of
place and time shall be as in (b) above.
(j) The tribunal
shall grant a request for the submission of evidence after the close of the
hearing if it finds that acceptance of the evidence would:
(1) Avoid fraud or mistake;
(2) Provide due process;
(3) Result in the submission of evidence which is
newly discovered and which was not available to the affected party upon
reasonable search at the time of the hearing; or
(4) Similar reasons.
(k) A chairman shall
determine after examination whether to accept sworn or affirmed stipulations of
the interested parties as to all the facts in a case or in addition or in lieu
thereof, to require oral sworn or affirmed testimony. Request for permission to
file stipulation shall be made to the chairman not less than 3 calendar days
prior to the scheduled hearing, otherwise the hearing will proceed as
scheduled.
(l) A chairman shall
deny access to a hearing or to the use and benefits of an appeal tribunal to an
individual, interested parties excepted, for conduct which constitutes:
(1) Fraud;
(2) Neglect of duty;
(3) Disorderly, unruly or willfully contemptuous
conduct at a hearing;
(4) Intentional or repeated failure to observe
the New Hampshire unemployment compensation law; or
(5) The acceptance of fees in excess of those
allowed by the commissioner.
(m) Where action as
provided in Emp 202.01(1) is limited to one appeal, notice of denial of access
shall be given orally by the chairman, but where the action taken affects more
than one appeal such notice shall be in writing and sent by e-mail notice
pursuant to Emp 405.01, e-mail notice pursuant to Emp 405.03, or by first class
mail to the individual affected.
(n) Where a claim or
question involved therein is referred to an appeal tribunal as provided in RSA
282-A:47 such shall be treated as an appeal case, to the extent applicable,
under this rule.
(o) Except where a
chairman sits alone the decision of the appeal tribunal upon an appeal shall be
determined by a majority vote. However,
the minority may file a written dissent setting forth the reasons therefor.
(p) Any party may be
represented by counsel or other representative, but such person appearing on
behalf of a party, except for a claims representative providing assistance
pursuant to RSA 282-A:134, shall first file a letter announcing the fact of
representation at the earliest date practical and shall send a copy of such
letter to all parties. Parties shall
retain counsel at their own expense and requests for appointment of counsel
shall not be entertained. No fee shall
be charged for representing an individual seeking benefits without prior
approval pursuant to RSA 282-A:158 and Emp 204.
(q) The appeal
tribunal chairperson, upon motion, or upon his or her own initiative, shall if
justified by the facts, the complexity of issues, the presence of one or more
of the items listed at Emp 202.01(r), or similar factors, direct all interested
parties to attend one or more prehearing conference to aid in the disposition
of the proceeding.
(r) Subjects to be
considered at a prehearing conference may be:
(1) Opportunities and procedures for settlement
if appropriate;
(2) Opportunities and procedures for
simplification and limitation of the issues;
(3) Possible amendments to the pleadings;
(4) Possible admissions of fact and of documents
to avoid unnecessary proof;
(5) Possible limitations on the number of
witnesses;
(6) Possible changes to the
standard procedures which would otherwise govern the proceeding;
(7) The distribution of written testimony, if
any, and exhibits to the parties;
(8) Possible consolidation of the examination of
witnesses by the parties; and
(9) Any other matters which might contribute to
the prompt and orderly conduct of the proceeding.
(s) The appeal
tribunal shall cause prehearing conferences to be recorded unless all parties
wish to discuss possible settlement off the record. Matters decided at a
prehearing conference shall be reflected in an appropriate order.
(t)
Subpoenas for the attendance of witnesses or the production of evidence
shall be issued pursuant to RSA 282-A:124 upon a showing that:
(1) The testimony or evidence is necessary,
relevant and non-repetitive; and
(2) The witness or evidence cannot be voluntarily
obtained.
(u) Whenever
it shall appear to the appeal tribunal, upon motion or its own initiative, that
2 or more proceedings involve substantially similar or substantially related
issues, the appeal tribunal shall, as fairness and efficiency permit,
consolidate those proceedings for hearing, or decision, or both.
(v) Testimony in
interstate appeals by parties located out of state shall be by telephone or
video conference unless otherwise ordered due to the request of the party or
parties located out of state, the presence in the state of all parties or
similar reasons. If the party or parties located out of state will be
testifying by telephone, testimony by parties located within the state may give
testimony either by telephone, video conference or in person.
(w)
Testimony in intrastate appeals shall be in person, or by video
conference that shall allow parties to view and hear witnesses as testimony is
being presented and to cross-examine, subject to (x) and (y) below.
(x)
Testimony in intrastate appeals shall be by telephone only if:
(1) All parties have been given opportunity to
object;
(2) No party has objected;
(3) There is not a question of credibility for
which there is no direct evidence other than the demeanor of one or more
witnesses; and
(4) Presence at an in-person or video conference
hearing would be difficult for one or more parties due to:
a. Illness or disability;
b. Prohibitive distance;
c. Lack of transportation; or
d. Similar reasons.
(y) Ability to
submit testimony by telephone or by video conference shall be contingent on
availability of the necessary services and equipment.
(z) Whenever it is
clear to the appeal tribunal that a certifying officer’s determination was
issued without notice to all interested parties or all issues were not
addressed and such issues cannot be adequately or efficiently initially
resolved in the context of the appeal tribunal hearing, the appeal tribunal
shall vacate all or part of the certifying officer decision and remand those
portions to the certifying officer's unit for further action or decision.
Source. #2234, eff 1-1-83; amd
by #2490, eff 10-1-83; ss by #2930, eff 12-21-84; amd
by #3154, eff 12-2-85; ss by #5141, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97,
EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06; ss by #9526, eff 8-17-09
PART
Emp 203 APPELLATE DIVISION; ORGANIZATION
AND APPLICABILITY OF RULES - EXPIRED AND
RESERVED
PART
Emp 204 APPROVAL OF FEES
Emp
204.01 Scope of Rules. These rules shall govern all petitions for
approval of fees pursuant to RSA 282-A:158.
Source. #5137, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
Emp 204.02 Written
Petitions.
(a) Any individual
claiming benefits may be represented by counsel or other duly authorized agent. No such counsel or agent shall either charge
or receive for such services more than an amount approved by the commissioner
or the commissioner’s designee following the filing of a
written petition requesting such approval.
(b) The written
petition shall:
(1) Identify the claimant and the proceedings for
which services were rendered;
(2) Contain an itemized statement of such
services rendered, including the dates and time spent performing said services;
and
(3) State the results achieved for the claimant.
(c) The written
petition may be accompanied by a written memorandum in support of the requested
fees, including any offers of proof the petitioner wishes the commissioner or
the commissioner’s designee to consider.
(d) A copy of the
petition and any memorandum by the petitioner shall be sent to the claimant by
the petitioner. The petition shall
include a statement that the claimant has 14 calendar days to file an
objection. The petition shall contain a
certification that a copy of the petition and memorandum if any, were sent to
the claimant and that the claimant was advised in writing on the petition that
the claimant had 14 calendar days to file an objection.
(e) The claimant
may, within 14 calendar days of the date of mailing, file an objection to the
petition with the commissioner. The
objection shall specify the portions of the requested fees that the claimant
disputes and shall specify the reasons for the claimant's objection. The objection may be accompanied by a written
memorandum. A copy of the objection and
any memorandum shall be sent to the counsel or agent who filed the
petition. The objection and any
memorandum shall certify that such copies were sent.
Source. #5137, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05, EXPIRED:
9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
Emp 204.03 Approval
of Fees.
(a) Upon receipt of
an objection to a petition, or following expiration of the 14-day period for
objecting, the commissioner or the commissioner’s designee shall approve a fee
in a reasonable amount.
(b) A fee shall be
considered reasonable if the following are true:
(1) The time and labor required are commensurate
with the fee;
(2) The complexity of the case, the novelty and
difficulty of the questions involved, and the skill requisite to perform the
services properly are proportionate with the fee;
(3) The amount of benefits involved and the
results obtained justify the fee;
(4) If the employer was represented by an
attorney, it made the case more difficult for the claimant or representation by
an attorney necessary or desirable;
(5) The terms of the claimant’s attorney’s fee
agreement, if any, are consistent with the fee; and
(6) If an unsuccessful appeal to the appeal
tribunal was initiated by the claimant, the fee is not for an appeal which was
without merit based on statutory and case law unless evidence shows that the
appeal was against the advice of the counsel or agent.
(c) Nothing in this
rule shall prevent the commissioner or the commissioner’s designee from
scheduling a hearing upon the petition should the commissioner or the
commissioner’s designee determine that additional information is necessary to
render a decision.
Source. #5137, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
Emp 204.04 Reconsideration.
(a)
Within 14 calendar days after the mailing of the decision on the
petition for approval of fees, either party, except a party who failed to
object to the original petition, may file a written request for
reconsideration, stating specifically the reasons therefor. A decision shall be presumed mailed on the
date of the decision. A request shall be
presumed filed when received by the department in any of its offices. The deadline for filing shall be extended to
the next business day if the filing deadline falls on a federal or
state-recognized holiday or on a weekend.
(b)
Any party seeking reconsideration may also file a written request for a
hearing, stating specifically why a hearing is necessary, what evidence would
be submitted, and why written statements or offers of proof are inadequate.
(c)
Either party may, within 14 calendar
days of the date of filing, file an objection to any request for
reconsideration or hearing.
(d)
A copy of any requests or objections filed shall be sent to the other
party. All requests and objections shall
contain a statement of compliance herewith.
(e)
Upon receipt of an objection, or following expiration of the 14-day
period for objecting, the commissioner or the commissioner’s designee shall:
(1) Schedule a hearing upon such issues or
questions of fact as are needed to render a determination on whether the
decision is affected by fraud, mistake of law, mistake of fact, or newly
discovered evidence;
(2) Reconsider the original decision based upon
the written reconsideration request and any objection thereto if such indicate
the decision is affected by fraud, mistake of law, mistake of fact, or newly
discovered evidence; or
(3) Deny the request for reconsideration.
Source. #5137, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
Emp 204.05 Hearings.
(a)
All evidentiary hearings under Emp 204 shall be held in accordance with
Emp 201.02 - 201.08.
(b)
The commissioner or the commissioner’s designee shall, in the notice of
hearing, specify issues and/or questions of fact to be considered at the
hearing if such is necessary to place parties on notice, avoid surprise or
assure preparation of evidence or presence of witnesses. In such case, the scope of the hearing shall
be limited to the issues and/or questions stated in the notice of hearing.
Source. #5137, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
Emp 204.06 Decision. If there is an objection to a petition or a
petition is not otherwise approved, the commissioner or the commissioner’s
designee shall identify the information relied upon in the decision and
shall
make written findings in support of the decision. Except as provided in Emp 204.04, the
decision of the commissioner or the commissioner’s designee shall be final.
Source. #5137, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
Emp 204.07 Waiver of Rules.
(a)
The commissioner or his designee shall waive the requirements or
provisions of any of Emp 204 if:
(1) Such waiver would not violate the right of
all parties in a contested case to have an opportunity for an adjudicative
proceeding, or all parties waive such right; and
(2) The commissioner or his designee determine
that such waiver will expedite the rendering of a decision and that the rule to
be waived is not necessary to provide the information needed to render a
decision.
(b)
In the event of a waiver of rules, the reasons for the same shall be
provided to the parties in writing if an aggrieved party so requests within 14
days.
Source. #5137, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
PART
Emp 205 DECLARATORY RULINGS
Emp 205.01 Petition
for Declaratory Ruling.
(a) Under the provisions of RSA 541-A:16, I(d),
submission of a petition for a declaratory ruling, as defined at RSA 541-A:1,V,
shall be in writing to the commissioner and contain the following:
(1) A complete statement of the facts relating to
the issues;
(2) The full names and addresses and, if
applicable, social security numbers and department of employment security
employer numbers, of all parties;
(3) True copies of all contracts, deeds,
agreements, instruments and other documents involved in the issues;
(4) Reference to the statute or statutes relating
to the subject of the petition for declaratory ruling;
(5) A statement whether, to the best of the
petitioner's knowledge the issues which are the subject of the petition are:
a. The subject of an administrative appeal, or
pending in litigation;
b. The subject of a decision which has become
final;
c. As regards to a prior time period, the
subject of an administrative appeal, pending in litigation or the subject of a
decision which has become final; and
d. Whether there are, have been, or will be
similarly-situated individuals, partnerships or corporations and if known, who
they are.
(b) A petition for
declaratory ruling and any factual information submitted therewith shall be
accompanied by a declaration in the following form:
“I declare that I have
examined this petition, including accompanying documents, and to the best of my
knowledge and belief, the facts presented in support of the requested
declaratory ruling are true, correct, and complete.”
Source. #6565-B, eff 9-2-97 (formerly Emp 102.02), EXPIRED:
9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06; renumbered by #10055 (formerly Emp 205.02)
Emp 205.02 Disposition
of Petitions For Declaratory Rulings.
(a) Within 45 days
after a petition for declaratory ruling has been received in the office of the
commissioner the commissioner or his authorized representative shall determine
whether additional information or representations are needed from the
petitioner and shall request the additional information or representations.
(b) The commissioner
or his authorized representative shall entertain briefs or conduct a hearing or
both if he determines that additional information is necessary for him to
render a decision.
(c) Declaratory
rulings shall be issued within 90 days of the date of the receipt of the
petitioner’s request or within 60 days of the receipt of needed additional
information or representations, the receipt of briefs or of any hearing held,
whichever is later.
(d) A petition shall
be dismissed if its subject matter is described at Emp 205.01(a)(5)a., b. or c.
or if because of the nature of the subject matter or the failure of any
petitioner to submit additional information, representations, requested briefs
or to appear at any hearing, the department is unable to rule.
Source. #6565-B, eff 9-2-97 (formerly Emp 102.03),
EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06; renumbered by #10055 (formerly Emp 205.03)
Emp 205.03 Effect
of Declaratory Ruling.
(a) No other
individual, partnership, limited liability company or corporation shall rely on
a declaratory ruling issued to a petitioner.
(b) A declaratory
ruling issued with respect to a particular set of facts represents a holding of
the department as to the particular set of facts and as to the petitioner only.
(c) As a declaratory
ruling is non-adjudicative, the petitioner shall not rely that any future
adjudicative ruling will be consistent if in the context of the adjudicative
proceeding any new evidence, facts or arguments are presented.
Source. #6565-B, eff 9-2-97 (formerly Emp 102.04),
EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06; renumbered by #10055 (formerly Emp 205.04)
Emp
205.04 Filing and Publication of
Declaratory Rulings. After deletion
of the name of the petitioner, declaratory rulings shall be made available to
the public and filed with the director of legislative services pursuant to RSA
541-A:16, II. To the extent that the
identity of the petitioner can be discerned from the declaratory ruling, the
petitioner shall be deemed to have waived confidentiality by the filing of the
petition for declaratory ruling.
Source. #6565-B, eff 9-2-97 (formerly Emp 102.05)
EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06; renumbered by #10055 (formerly Emp 205.05)
PART Emp 206 RECORDS
Emp 206.01 Destruction
of Records. Except when not allowed
under Emp 207.32 (b) any and all records, reports, transcripts, or
reproductions thereof, or other papers or electronically stored information
submitted to or prepared by the New Hampshire department of employment
security, which are no longer necessary to the proper and efficient
administration of the law, shall be destroyed upon order of the commissioner in
writing. Whenever any such records,
reports, transcripts, or reproductions thereof, or other papers or electronically
stored information described above contain some information which it is
necessary to preserve for the proper and efficient administration of the law,
such information shall be transcribed, copied, microfilmed, electronically
stored or similarly retained and preserved prior to the destruction of the
records containing such information.
Source. #6566, eff 9-2-97 (formerly Emp 401.01),
EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-B, eff 5-6-06; ss by #10673, eff
9-22-14
PART Emp 207 PRACTICE AND PROCEDURE
Emp 207.01 Purpose. The purpose of this section is to supplement
to the extent applicable, the rules of the department and the procedures
established under RSA 282-A relating to conduct of hearings.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.02 Application. The rules in this part shall apply to
adjudicative proceedings conducted under RSA 282-A only to the extent not
addressed in RSA 282-A and in other rules of the department.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.03 “Party”
means “Interested Party” as defined at RSA 282-A:42, III.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.04 Presiding
Officer; Appointment; Authority.
(a) All hearings
shall be conducted for the department by a natural person appointed or
authorized to serve as a presiding officer.
(b) A presiding
officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution of an
appeal;
(3) Administer oaths and affirmations;
(4)
Issue subpoenas to compel the attendance of witnesses at
hearings or the production of documents;
(5) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(6) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(7) Question any person who testifies;
(8) Cause a complete record of any hearing to be
made, pursuant to RSA 282-A:57 and 282-A:96;
(9) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and
complete the record in a fair and timely manner; and
(10) Allow brief opening and closing arguments
where they will assist in summarizing factual or legal issues or narrowing
issues.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.05 Withdrawal
of Presiding Officer or Department Official.
(a) Upon his or her
own initiative or upon the motion of any party, a presiding officer or
department official shall, for good cause withdraw from any hearing.
(b) Good cause shall
exist if a presiding officer or department official:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship,
including spouse or a relative by blood, marriage or adoption, including
parent, child, grandparent, sibling, grandchild, great grandparent, uncle,
aunt, nephew, niece, great grandchild, great great
grandparent, great uncle, great aunt, first cousin, grand
nephew, grand niece and great great grandchild, with any party;
(2) Has made
statements or engaged in behavior which objectively demonstrates that he or she
has prejudged the facts of a case; or
(3) Personally
believes that he or she cannot fairly judge the facts of a case.
(c) Mere knowledge
of the issues, the parties or any witness shall not constitute good cause for
withdrawal.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.06 Waiver
or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own
initiative or upon the motion of any party, shall suspend or waive any
requirement or limitation imposed by this chapter upon reasonable notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient resolution
of issues pending before the department than would adherence to a particular
rule or procedure.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.07 Date
of Issuance or Filing. All written
documents governed by these rules shall be rebuttably presumed to have been
issued on the date noted on the document and to have been filed with the
department on the actual date of receipt by the department, as evidenced by a
date stamp placed on the document by the department in the normal course of
business.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.08 Format
of Documents.
(a) All
correspondence, pleadings, motions or other documents filed under these rules
shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) Be legible; and
(3) Indicate:
a. Who is filing the document; and
b. If the document is being filed by a
representative, the party for whom the document is being filed.
(b) A party or
representative's filing of a document with the department shall constitute
certification that:
(1) The filer has read the document;
(2) The filer is authorized to file it;
(3) To the best of the filer's knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08; ss by 9526, eff 8-17-09
Emp 207.09 Delivery
of Documents.
(a) All notices,
orders, decisions or other documents issued by the presiding officer or the
department shall be delivered to all parties to the proceeding.
(b) Delivery of all
documents relating to a proceeding shall be made by personal delivery, by
e-mail notice pursuant to Emp 405.01, e-mail notice pursuant to Emp 405.03, or
by depositing a copy of the document, by first class mail, postage prepaid, in
the United States mail, addressed to the last address given to the department
by the party.
(c) When a party
appears by a representative, delivery of a document to the party’s
representative at the address stated on the appearance filed by the
representative or by e-mail notice pursuant to Emp 405.05, shall constitute
delivery to the party.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08; ss by #9296, eff
10-17-08; ss by #9526, eff 8-17-09
Emp 207.10 Computation
of Time.
(a) Unless otherwise
specified, all time periods 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.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.11 Motions;
Objections.
(a) Motions shall be
in written form and filed with the presiding officer, unless made in response
to a matter asserted for the first time at a hearing or on the basis of
information which was not received in time to prepare a written motion.
(b) Oral motions and
any oral objection to such motions shall be recorded in full in the record of
the hearing. If the presiding officer finds that the motion requires additional
information in order to be fully and fairly considered, the presiding officer
shall direct the moving party to submit the motion in writing, with supporting
information.
(c) Objections to
written motions shall be filed within 10 days of the date of the motion.
(d) Failure by an
opposing party to object to a motion shall not in and of itself constitute
grounds for granting the motion.
(e) The presiding
officer shall rule upon a motion after full consideration of all objections and
other factors relevant to the motion.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.12 Commencement
of Hearing. A hearing shall be
commenced by an order of the department giving notice to the parties.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.13 Docket
Numbers. A docket number shall be
assigned to each matter to be heard which shall appear on the notice of hearing
and all subsequent orders or decisions of the department.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.14 Notice
of Hearing.
(a) A notice of a
hearing issued by the department shall contain the following:
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the appellant’s statement of
appeal and its date of filing;
(4) In benefit appeals, an excerpt from the
appellant’s written appeal which indicates the appellant’s disagreement with
the determination appealed; and
(5) A statement that each party has the right to have
an attorney represent them at their own expense and that free or low cost
assistance may be available.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.15 Appearances
and Representation.
(a) A party or the
party’s representative, except for a claims representative providing assistance
pursuant to RSA 282-A:134, shall file an appearance that includes the following
information:
(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 party or representative's daytime address
and telephone number.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.16 Prehearing
Conference. Any party may request,
or the presiding officer shall schedule on his or her own initiative, a
prehearing conference in accordance with RSA 541-A:31, V to consider:
(a) Offers of
settlement except where settlement would violate RSA 282-A:157;
(b) Simplification
of the issues;
(c) Stipulations or
admissions as to issues of fact or proof by consent of the parties;
(d) Limitations on
the number of witnesses;
(e) Changes to
standard procedures desired during the hearing by consent of the parties;
(f) Consolidation of
examination of witnesses; or
(g) Any other
matters which aid in the disposition of the proceeding.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.17 Role
of Department Staff in Enforcement or Disciplinary Hearings. Department staff shall have the same role in
any enforcement or disciplinary hearing as in any other proceeding, including,
as necessary, investigator, witness, claimant representative, department
representative, presiding officer, non-presiding officer and clerk.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.18 Role
of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or a party, a
person who initiates an adjudicative proceeding by complaining to the
department about the conduct of a person who becomes a party shall have no role
in any enforcement or disciplinary hearing.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.19 Intervention. A non-party shall not intervene in a matter
pending before the department.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.20 Postponements
and Continuances.
(a) Any party to a
hearing may make an oral or written motion that a hearing be postponed or
continued to a later date or time.
(b) If a
postponement or continuance is requested by a party to the hearing, it shall be
granted if the presiding officer determines that good cause has been
demonstrated. Good cause shall include the unavailability of parties, witnesses
or attorneys necessary to conduct the hearing, or any other circumstances that
demonstrate that a postponement would assist in resolving the case fairly,
unless such unavailability is due to action or inaction on the part of the party.
(c) If the later
date, time and place are known at the time of the hearing that is being
postponed, the date, time and place shall be stated on the record. If the later
date, time and place are not known at the time of the hearing that is being
postponed, the presiding officer shall issue a written scheduling order stating
the date, time and place of the postponed hearing as soon as practicable.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.21 Failure
to Attend Hearing.
(a) If any party to
whom notice has been given in accordance with Emp 207.14 fails to attend a
hearing, the presiding officer shall either:
(1) Dismiss the case, if the party with the
burden of proof was also the appellant and fails to appear;
(2) Hear the testimony and receive the evidence
offered by a party, if that party has the burden of proof in the case; or
(3) Hear the testimony and receive the evidence
offered by a party if a fair record can be developed based on the available
evidence and the witnesses present or if the rights of any party present would
be violated by failure to proceed.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.22 Voluntary
Production of Information.
(a) Each party shall
attempt in good faith to make complete and timely response to requests for the
voluntary production of information or documents relevant to the hearing.
(b) When a dispute
between parties arises concerning a request for the voluntary production of
information or documents, any party may file a motion to compel the production
of the requested information under Emp 207.23.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.23 Motions
to Compel Production of Information.
(a) Any party may
make a motion requesting that the presiding officer order the parties to comply
with information requests. The motion
shall be filed as soon as the need for the information is discovered and
either:
(1) No later than the close of the hearing; or
(2) If pursuant to or in furtherance of Emp
207.31, no later than the issuance of the decision on the merits.
(b)
The moving party’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c) When a party has
demonstrated that such requests for information are necessary for a full and
fair presentation of the evidence at the hearing, the presiding officer shall
grant the motion.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.24 Pre-Hearing
Disclosure of Witnesses and Exhibits.
Pre-hearing disclosure of witnesses and exhibits shall be ordered when
necessary for a full and fair presentation of the evidence at the hearing.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.25 Record
of the Hearing.
(a) The department
shall record the hearing by tape recording or other method that will provide a
verbatim record.
(b) Copies of tape
recordings and transcriptions of hearings shall be provided pursuant to RSA
282-A:64, III, and shall be subject to the confidentiality provisions of RSA
282-A:117 through RSA 282-A:123.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.26 Standard
and Burden of Proof. The party asserting
a proposition shall bear the burden of proving the truth of the proposition by
a preponderance of the evidence.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.27 Testimony;
Order of Proceeding.
(a) Any person
offering testimony, evidence or arguments shall state for the record his or her
name, and role in the proceeding. If the person is representing another person,
the person being represented shall also be identified.
(b) 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.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.28 Evidence.
(a) Receipt of
evidence shall be governed by the provisions of RSA 541-A:33.
(b) All documents,
materials and objects offered as exhibits shall be admitted into evidence
unless excluded by the presiding officer as irrelevant, immaterial, unduly
repetitious, legally privileged or any other basis required by law.
(c) All objections
to the admissibility of evidence shall be stated as early as possible in the
hearing, but not later than the time when the evidence is offered.
(d) Transcripts of testimony
and documents or other materials, admitted into evidence shall not be public
records pursuant to RSA 91-A:5 and 6 and RSA 282-A:117 through 123.
(e) All department
records used at the hearing shall be produced and identified on the record by
the presiding officer.
(f) Evidence
concerning a claimant’s separation from employment shall only be considered
relevant if the evidence concerns an issue or fact which any party states may
have been a factor in the separation from employment.
(g) Evidence
concerning a claimant’s separation from employment which is discovered after
the separation shall only be considered relevant if the evidence concerns
either:
(1) Wrongdoing that would have led to the
claimant’s termination had the employer known of it prior to the separation; or
(2) The credibility of a party or witness.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.29 Proposed
Findings of Fact and Conclusions of Law.
(a) Proposed
findings of fact and conclusions of law shall not be submitted.
(b) In lieu of
proposed findings of fact and conclusions of law, parties may submit written
arguments and summaries.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.30 Closing
the Record.
(a) After the
conclusion of the hearing, the record shall be closed and no other evidence
shall be received into the record, except as allowed by paragraphs (b) of this
section and Emp 207.31.
(b) Before the
conclusion of the hearing, a party may request that the record be left open to
allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no
objection and the presiding officer determines that such evidence is necessary
to a full consideration of the issues raised at the hearing, the presiding
officer shall keep the record open for the period of time necessary for the
party to file the evidence and to provide the opposing party the opportunity to
review the evidence and offer rebuttal.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.31 Reopening
the Record. At any time prior to the
issuance of the decision on the merits, the presiding officer, on the presiding
officer’s own initiative or on the motion of any party, shall reopen the record
to receive relevant, material and non-duplicative testimony, evidence or
arguments not previously received, and to provide the opposing party the
opportunity to review the evidence and offer rebuttal, if the presiding officer
determines that such testimony, evidence or arguments are necessary to a full and
fair consideration of the issues to be decided.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.32 Decisions.
(a) The department
official shall not participate in making a decision unless he or she personally
heard the testimony in the case, unless the matter’s disposition does not
depend on the credibility of any witness and the record provides a reasonable
basis for evaluating the testimony.
(b) The department
shall keep a decision on file in its records for at least 3 years following the
date of the final decision or the date of the decision on any appeal, 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 or a different retention period is established pursuant to RSA 282-A:120.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.33 Filing
and Content of Motion for Rehearing.
(a) A motion for
rehearing shall be filed within 14 days of the date of the department decision
or order.
(b) A motion for
rehearing 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
department's decision to be unlawful, unjust or unreasonable, or illegal in
respect to jurisdiction, authority or observance of the law, an abuse of
discretion or arbitrary unreasonable or capricious;
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
Emp 207.34 Standard
for Granting Motion for Rehearing. A
motion for rehearing in a case subject to appeal under RSA 282-A shall be
granted if it meets the requirements of RSA 282-A:60 or 67, as applicable.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9296,
eff 10-17-08
PART Emp 208 RULEMAKING PETITIONS
Emp 208.01 Petition
for Adoption, Amendment or Repeal of Rules.
(a) Under the
provisions of RSA 541-A:4, submission of a petition to adopt a rule, or to
amend or repeal an existing rule, shall be made in writing to the commissioner,
and contain the following information:
(1) The full name and address of the petitioner;
(2) The purpose of the petition such as adoption,
amendment or repeal of a rule together with a detailed statement outlining the
petitioner's request;
(3) Reference to the statute or statutes upon
which the petition for adoption, amendment or repeal of a rule is requested;
and
(4) A statement whether, to the best of the
petitioner's knowledge, the issue which is the subject of the petition is:
a. The subject of an administrative appeal or
pending in litigation; or
b. The subject of a decision which has become
final.
(b) The commissioner
shall, within 30 days after receipt of a petition under this rule, either deny
the petition in writing, stating therein his reason for denial, or shall
initiate rulemaking proceedings.
(c) Reasons for
denial shall include:
(1) The adoption, amendment or repeal of the rule
would conflict with a statute;
(2) The adoption, amendment or repeal of the rule
would conflict with public policy;
(3) The adoption, amendment or repeal of the rule
would change a long-term effect on the regulated public more appropriately
changed by the legislature; or
(4) The adoption, amendment or repeal of the rule
is deemed inappropriate for similar reasons.
Source. #6565-B, eff 9-2-97 (formerly Emp 102.01),
EXPIRED: 9-2-05
New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8626-A
eff 5-6-06; ss by #10055, eff
12-20-11 (formerly Emp 205.01)
Emp 209.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the department relative to rulemaking.
Source. #10056,
eff 12-20-11
Emp 209.02 Scope.
(a) These rules shall apply to all hearings required by state law to be conducted by the department at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.
(b) If any requirement set by these rules conflicts with an applicable statute such other authority shall control.
Source. #10056,
eff 12-20-11
Emp 209.03 Notice.
(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.
(b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.
(c) Nothing in these rules shall prohibit the department from giving greater notice than the minimums set out in this part.
Source. #10056,
eff 12-20-11
Emp 209.04 Media Access.
(a) Public comment hearings shall be open to the print and electronic media.
(b) The commissioner or designee shall place limits on the activities of the media to avoid disruption in the following ways:
(1) Limiting the placement of television cameras
to certain locations in the hearing room; and
(2) Prohibiting interviews from being conducted
within the hearing room during the hearing.
Source. #10056,
eff 12-20-11
Emp 209.05 Moderator.
(a) The hearing shall be presided over by a moderator who shall be the commissioner or a designee.
(b) The moderator shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Place limits on the media to avoid disruption
as set out in Emp 209.04(b);
(4) Recognize those who wish to be heard and
establish the order thereof;
(5) Limit the time for each speaker, as set out
in Emp 209.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of
written comments.
Source. #10056,
eff 12-20-11
Emp 209.06 Public Participation.
(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility.
(b) The board, through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name and address;
(2) When a group or
organization wishes to comment, limit the group to no more than 3
spokespersons, provided that the members who are present shall be allowed to
enter their names and addresses into the record as supporting the position by
the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his or her comments relevant to the issue or issues which are the
subject of the hearing.
(c) Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 10 calendar days after the hearing.
(d) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to RSA 541-A:11, III to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.
Source. #10056,
eff 12-20-11
PART Emp 210 EXPLANATION OF ADOPTED RULES
Emp 210.01 Requests
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 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. #10057,
eff 12-20-11
Emp 210.02 Contents
of Explanation. The department
shall, within 90 days of receiving a request in accordance with Emp 210.01,
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. #10057,
eff 12-20-11
PART Emp 211
APPEAL FROM DENIAL OF CONTINUED ELIGIBILITY FOR BENEFITS
Emp
211.01 Required Department Actions.
(a) When the department becomes aware of
information that creates an issue concerning a claimant’s eligibility to
continue receiving unemployment compensation benefits, the department shall
inform the claimant of the possibility that the claimant might receive a
determination denying benefits.
(b) After such notification in (a), the
department shall:
(1) Conduct
fact-finding by asking the claimant and/or other parties questions about the
issue; and
(2) Assess the
information received.
(c) If the information received has an effect on
past, present or future eligibility, the department shall issue a determination
of eligibility to the interested parties in accordance with RSA 282-A. The determination shall include the right to
appeal and the opportunity for a hearing regarding the issue denying the
claimant’s continued eligibility to receive unemployment compensation benefits.
(d) If the claimant appeals the determination the
department shall notify the claimant of the option to either:
(1) Continue
receiving benefit payments for any week denied by the determination until the
appeal tribunal rules on the appeal in accordance with Emp 207; or
(2) Allow
benefit payments to be suspended until the appeal tribunal makes a decision on
his or her claim.
(e) If the appeal tribunal finds the claimant
eligible, the claimant shall receive all benefits pending during the weeks
suspended and those going forward from the date of the appeal tribunal
decision, if the claimant is otherwise eligible.
(f) If the claimant elects the option in Emp
211.01 (d) (1) and after a final decision on appeal, he or she is found
ineligible for those weeks, the department shall determine whether the
individual is with fault in causing the overpayment in accordance with Emp
502.03.
Source. #10192, eff 9-27-12; ss by #13449, eff
9-21-22
CHAPTER Emp 300
EMPLOYER REQUIREMENTS
REVISION NOTE:
Document #13681,
effective 5-22-13, repealed several definitions in Part Emp 301 titled
“Definitions”, and adopted a new definition of “electronic media” in Emp
301.05. This necessitated renumbering,
but not readopting, several other existing definitions in Part Emp 301 as
indicated in the source notes.
The definitions repealed by Document #13681 included the
following terms:
Emp 301.03 “Compact Disk”
Emp 301.06 “Diskette”
Emp 301.07 “Magnetic media”
The prior filing affecting the
repealed Emp 301.03, Emp 301.06, and Emp 301.07 was Document
#10349, effective 5-22-13.
Document #13681 also readopted with amendment the
following rules in Part Emp 303 titled Records and Reports”:
Emp
303.02 titled “Quarterly
Reports”
Emp
303.021 titled “Filing Quarterly Reports Online”
Emp
303.022 titled “Filing Quarterly Reports via Magnetic Media”,
re-titled as
“Filing
Quarterly Reports via Electronic Media”
Emp
303.023 titled “Making Corrections to Tax and Wage
Information
Previously
Reported”
Emp
303.10 titled “Authorized Agents
Document #13681 also readopted Emp 303.11 titled
“Filing Requirements.”
As
indicated in the source notes, Emp 303.02 had expired 5-6-14 in paragraphs (a),
(b), (c) and (e). Document #13681 amended and renumbered the former Emp
303.02(e) as (e) and (f), and amended and renumbered the former Emp 303.02(g)
as (i) and added new paragraphs (j), (k), and
(l). Emp 303.10 had expired 8-7-17 in
paragraphs (a) through (c) and (f) through (h).
All rules in Document #13681 which had had last been filed in Document
#10349, effective 5-22-13, did not expire 5-22-23. They were extended pursuant to RSA 541-A:14-a
until Document #13681 was filed, effective 7-3-23.
Emp
301.01 “Break in service” means any
period of one calendar week or more during which an individual who previously
performed services, either as an employee or under a contract for services for
an employing unit, performs no services.
Source. (See Revision Note
at chapter heading for Emp 100) #10081, eff 1-30-12, EXPIRED: 1-30-22
New. #13344, eff 2-17-22
Emp
301.02 “Casual labor” means services not
in the course of the employing unit’s trade or business which do not promote or
advance the employing unit’s trade or business and which are occasional,
incidental, or irregular.
Source. (See Revision Note
at chapter heading for Emp 100) #10081, eff 1-30-12, EXPIRED: 1-30-22
New. #13344, eff 2-17-22
Emp 301.03
“Contract for services” means any agreement for the providing of labor
for the benefit of another. The term
includes oral, written, formal, and informal agreements.
Source. (See Revision Note
at chapter heading for Emp 100) #10081, eff 1-30-12, EXPIRED: 1-30-22;
renumbered by #10349 (from Emp 301.03),
New. #13344, eff 2-17-22; renumbered by #13681
(formerly Emp 301.04) (see Revision Note at chapter heading for Emp 300)
Emp
301.04 “Date of hire” means the first
day an individual performs services for wages as defined in RSA 282-A:15, I, or
for any other form of compensation, or pursuant to a contract for services.
Source. (See Revision Note at chapter heading for Emp 100)
#10081, eff 1-30-12, EXPIRED: 1-30-22; renumbered by #10349 (from Emp 301.04)
New. #13344, eff 2-17-22; renumbered by #13681
(formerly Emp 301.05) (see Revision Note at chapter heading for Emp 300)
Emp
301.05 “Electronic media” means any form of portable storage of related
information in an electronic format intended
for use by a computer including without limitation compact disks, CD-ROMs and
encrypted USB flash drives which are compatible with department
technology.
Source. #13681, eff 7-3-23 (see Revision Note at
chapter heading for Emp 300)
Emp 301.06 “Multistate employing unit” means an
employing unit which has employees, or individuals who contract
for services, or both, in 2 or more states.
Source. (See Revision Note at chapter heading for Emp 100)
#10081, eff 1-30-12, EXPIRED: 1-30-22; renumbered by #10349 (from Emp 301.05)
New. #13344, eff 2-17-22; renumbered by #13681
(formerly Emp 301.08) (see Revision Note at chapter heading for Emp 300)
Emp
301.07 “Work state” means that state in
which an individual is expected to perform a plurality of the individual’s
services.
Source. (See Revision Note at chapter heading for Emp 100)
#10081, eff 1-30-12. EXPIRED: 1-30-22; renumbered by #10349 (from Emp 301.06)
New. #13344, eff 2-17-22; renumbered by #13681
(formerly Emp 301.09) (see Revision Note at chapter heading for Emp 300)
PART Emp 302 PAYMENTS IN KIND
Emp 302.01 Reasonable
Value for Payments in Kind.
(a) Whenever board,
lodging, or any other payment in kind is considered as payment for services in
addition to or in lieu of, rather than a deduction from, money payments, the
employing unit shall use the cash values established in this section in
computing the total wages payable to such worker unless other cash values have
been determined by the commissioner
pursuant to Emp 302.01(e).
(b) Where a cash
value for board and lodging or both furnished a worker is agreed upon in any
contract of hire, the amount so agreed upon shall, if more than the rates
prescribed herein, be deemed the value of such board or lodging unless other
cash values have been determined by the commissioner pursuant to Emp 302.01(e).
(c) Until and unless
in a given case a rate for board or lodging is determined by the commissioner,
the rate for board or lodging
furnished in addition to or in lieu of money wages, shall be deemed to have not
less than the following values:
(1) Full board and room weekly $112.98;
(2) Full board and room per day $16.14;
(3) Meals per week $74.55;
(4) Meals per meal $3.55;
(5) Lodging per week $38.43; and
(6) Lodging per day $5.49.
(d) The reasonable
value of rent for a house or apartment shall be the value of such
accommodations to the worker.
(e) If the commissioner
determines based on economic information that the reasonable cash value of a
payment in kind in a particular case is other than the amount agreed to in the
contract of hire or as deemed in Emp 302.01(c) the commissioner shall issue a
determination pursuant to RSA 282-A:94.
Such determination shall be appealable pursuant to RSA 282-A:95.
Source. #2234, eff 1-1-83, EXPIRED: 1-1-89
New. #5142, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 301.01); ss by #10673, eff 9-22-14
Emp 302.02 Payments
in Kind for the Convenience of the Employer.
(a) Payments in kind
for meals or lodging shall be considered remuneration for personal services
unless:
(1) The meals:
a. Are furnished on the business premises of the
employer for the convenience of the employer;
b. Are furnished without charge for substantial
non-compensatory business reasons; and
c. Are not furnished for the purpose of
additional compensation; and
(2) The lodging:
a. Is furnished on the business premises of the
employer for the convenience of the employer;
b. Is furnished without charge for substantial
non-compensatory business reasons; and
c. Is not furnished for the purpose of
additional compensation.
(b) Substantial
non-compensatory business reasons shall include:
(1) To have employees on call;
(2) To have employees with restricted meal
periods; and
(3) Because
adequate eating or lodging facilities are not otherwise available.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5142, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 301.02); ss by #10673, eff 9-22-14
Emp 302.03 Tips
and Gratuities.
(a) Tips and
gratuities reported to the employer in writing shall be wages under RSA 282-A
for all purposes, including, but not limited to:
(1) Annual earnings;
(2) Wage reports for "partial" benefits;
(3) The calculation of wages for contributions
both as to the amount of contributions due on each report and the maximum
amount of wages subject to contributions.
(b) Tips and
gratuities shall be included in every employer’s separate account and shall be
used to compute the employer's average payroll in merit rate calculations.
(c) Claimants shall
report, when filing a claim for unemployment compensation, the amount of tips
and gratuities received.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5142, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 301.03); ss by #10673, eff 9-22-14
PART
Emp 303 RECORDS AND REPORTS
Emp
303.01 Notice of Employment.
(a) Every employing unit, as defined in RSA
282-A:7 shall file with the department of employment security a fully and
properly executed "Employer Status Report":
(1) Within 30
days of furnishing any employment;
(2) Within 30
days of becoming an employer as defined in RSA 282-A:8;
(3) Within 30
days of any and all changes in its status or any other information required to
be furnished in said "Employer Status Report";
(4) Within 30
days of the employing unit transferring all, or a portion of, the employer’s
trade, business, or workforce to another employing unit; and
(5) As often as
required by the department for the purpose of clarifying inconsistent or
out-of-date information.
(b) Employing units shall supply on the "Employer
Status Report" the following information:
(1) Full
business name and telephone number;
(2) Federal
identification number;
(3) Address of
principal place of business and other employing unit locations, if more than one,
within New Hampshire. If there is no NH location indicate other
state;
(4) Mailing
address if different than subparagraph (3) above;
(5) For each
establishment or operation maintained in New Hampshire the:
a. Principal
activity; and
b. Principal
product, processes or services;
(6) Type of
business entity;
(7) If a
corporation or LLC, the:
a. Full
corporate or LLC name;
b. Date of
registration; and
c. State of
registration;
(8) If the
business is a non-profit organization, a copy of its letter of exemption;
(9) The date on
which employment was first furnished in New Hampshire;
(10) The date
on which wages were first paid in New Hampshire;
(11) The date on which it ceased to furnish
employment in New Hampshire, if any, and the reason for cessation;
(12) If it will
be subject to the Federal Unemployment Tax Act in the current year;
(13) If it
furnished employment in New Hampshire in preceding years during which it was
subject to the Federal Unemployment Tax Act and if so which years;
(14) If it
acquired any of the organization, trade, business, workforce or New Hampshire assets of any other employing
unit or employer and if so:
a. The name and
address of prior owner;
b. The date
acquired;
c. The
percentage of assets acquired;
d. If any
business assets were not acquired and what they were;
e. If the prior
owner will remain in business in New Hampshire and if so, to what extent, in
what capacity, and using what assets; and
f. The type of
change occurring such as:
1.
Reorganization;
2. Transfer of
trade or business;
3. Change of
entity;
4. Transfer or
workforce and if so complete the “Trade, Business and Workforce Transfer
Report”;
5. Purchase
assets of business;
6. Merger; and
7. Lease of
business;
(15) Its gross
payroll for each quarter of the current and two prior calendar years;
(16) If it
expects to have a gross payroll of at least $1,500 in a calendar quarter and:
a. If answering
yes, indicate the earliest quarter and year this occurred (or will occur);
b. If answering
no, indicate whether it has or expects to employ at least one worker in 20
different weeks in a calendar year, and if so, when did or will this occur;
(17) By week,
the number of workers to whom it furnished employment in New Hampshire in the
current and all preceding calendar years;
(18) If it also
engaged any self-employed individuals, subcontractors or consultants and if so,
for each, their:
a. Name;
b. Trade; and
c. Address;
(19) If it had
or expects to have a $1,000 quarterly payroll for domestic services and if so
the earliest quarter and year this has occurred or will occur;
(20) If the
report was prepared by other than a sole proprietor the preparer's:
a. Name;
b. Firm name;
c. Date;
d. Signature;
e. Address;
f. Telephone
number; and
g. Affirmation
of accuracy regarding information in the report and any attachments made
under penalty of law (RSA 282-A:166); and
(21) A list of
the owner, all partners, authorized corporate officers and authorized members
of limited liability companies including the:
a. Affirmation
of accuracy regarding information in the report and any attachments made under
penalty of law (RSA 282-A:166);
b. Typed or
printed name of each individual;
c. Social
security number of each individual;
d. Resident
address of each individual;
e. Title of
each individual; and
f. Signature of
each individual.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5143, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #8946, eff 7-21-07;
renumbered by #10081 (formerly Emp 302.01); ss by #10973, eff 11-12-15
Emp
303.02 Quarterly Reports.
(a) Every employer
on or before the date contributions are due shall complete and file an Employer Tax and Wage Report which comprises of Part 1, the
“Employer Quarterly Tax Report” and Part 2, the “Employer Quarterly Wage Report,” “Employer Tax and Wage Report” via paper report on forms supplied by
the department of employment security at any of its offices, online, or in an
electronic format compatible with the department's technology.
(b) Every employer
who has furnished no employment during the applicable reporting period shall
submit Part 1, the “Employer Quarterly Tax Report” indicating no employment
has been furnished during such period.
(c) Upon
application, the commissioner shall, where no employment is to be furnished,
waive for a period of not more than 12 months the requirement of filing an
“Employer Tax and Wage Report” and in the case of an employer who furnishes
only seasonal employment shall waive such requirement during the usual and
ordinary season where no employment is furnished.
(d) Every employer
and every authorized agent, which reports wages on behalf of one or more
subject employers, shall file the “Employer Tax and Wage Report” via paper
report, online, or electronic media depending on the number of employees as
follows:
(1) If reporting wages on a total of 1-50
employees, the employer or agent shall file in the following manner:
a. Parts 1 and 2 which comprise the
complete “Employer Tax and Wage Report” via paper report; or
b. Parts 1 and 2 which comprise the
complete “Employer Tax and Wage Report” online at www2.nhes.nh.gov/webtax.; or
c. Part 1 via paper report and Part 2 via
electronic media;
(2) If reporting wages on a total of 51-10,500
employees, the employer or agent shall file in the following manner:
a. Parts 1 and 2 which comprise the complete
“Employer Tax and Wage Report” online at www2.nhes.nh.gov/webtax.; or
b. Part 1 via paper report and Part 2 via
electronic media; or
(3) If reporting wages on a total of 10,501 or
more employees, the employer or agent shall file Part 1 via paper report and
Part 2 via electronic media.
(e) The commissioner
or the individual the commissioner has designated as their authorized
representative shall waive the requirement in (d) for reasons including but not
limited to:
(1) A showing
of lack of automation; or
(2) Economic
hardship.
(f) Any request for
waiver under Emp 303.02(e) shall be submitted in writing
specifying the reason for the request.
An appeal from a determination on a request for waiver shall
be pursuant to RSA 282-A:95, 96, 97, and 67.
(g) An employer or agent who files the “Employer Tax and Wage
Report” via paper report shall complete and submit forms “Employer Quarterly Tax
Report,” (C2-1 Rev. 01-23) and “Employer Quarterly Wage Report,”
(C2-2 Rev. 01-23) in typewritten or printed in black ink in all
capital letters.
(h) The employer or
agent shall provide the signature of the person providing the information on form C2-1 Rev. 01-23 and the
information required by Emp 303.04.
(i) If the department is unable to process the
paper report because of the employer or agent’s failure to either complete Part 1 or Part 2 of the
paper report when filing the entire “Employer Tax and Wage Report” via paper
report, or, to complete Part 1 as required by form C2-1 Rev. 01-23 when
filing Part 1 via paper report, the following shall occur:
(1) The department shall request by letter that
the employer or agent correct and resubmit or resubmit the applicable Part (s)
of the paper report;
(2) The
employer or agent shall resubmit the applicable Part (s) of the paper report to
the department within 14 days of the date of the department’s letter; and
(3) If the
employer or agent fails to make corrections and resubmit or resubmit the paper
report within the deadline date, the “Employer Tax and Wage Report” shall be
considered untimely and late filing fees shall be assessed in accordance with
RSA 282-A:142.
(j) An employer or
agent who wishes to report business changes shall complete and submit Form ECN
“Employer Change Notice”, as amended
1-23.
(k) The employer
or agent shall complete Form ECN “Employer Change Notice”, as amended 1-23 in typewritten or printed
black ink in all capital letters.
(l) The employer or
agent shall provide the signature of the person providing the information on
Form ECN “Employer Change Notice”, as amended 1-23 and the information required
by Emp 303.04.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84;
amd by #4159, eff 11-5-86; amd
by #4350, eff 12-28-87; amd by #4539, eff 12-9-88; ss
by #5143, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97; ss by
#6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 302.02); amd by #10349, eff 5-22-13
Emp 303.021 Filing
Quarterly Reports Online.
(a) An employer who does not already have an online user account shall go to nhes.nh.gov
and click on the “manage my employer UI account” link and then once at the New
Hampshire Unemployment Insurance System (NHUIS) webpage, click on “Create
an Employer User Account” and comply with online procedures to create an online
user account.
(b)
If the employer has already created an
online user account for themselves or has created an online user account for
their agent under the employer’s account, the employer or agent shall complete
and file the “Employer Tax and Wage Report” online, by going to the
“NHES Web Tax System” page via nhes.nh.gov or going directly to the “NHES Web
Tax System” page at https//www2.nhes.nh.gov/webtax, revised on 4/1/2023, and
complying with the online procedures.
(c) If payment for
employer contributions is returned due to insufficient funds or because of the
employer or agent’s failure to indicate the correct bank routing and bank
account numbers online, or the bank’s failure to complete the transaction, the
employer’s account shall be assessed a fee of a minimum of $25 or 5% of the
face amount of payment in accordance with RSA 6:11-a.
(d) If the bank
discovers that the employer or employer’s agent transposed either the bank
routing or bank account number provided during the electronic funds payment
online, but was able to process the electronic fund transfer correctly,
and subsequently charges an administrative cost to the department, the
department shall pass that cost to the employer or employer’s agent.
Source. #10349, eff 5-22-13; ss by #13681, eff 7-3-23
(see Revision Note at chapter heading for Emp 300)
Emp 303.022 Filing
Quarterly Reports via Electronic media. An employer or agent who files Part 2 of the
“Employer Tax and Wage Report” via electronic media, as specified in Emp 303.02
(d) (1), (2) and (3), shall comply with the following:
(a) When the
employer maintains electronic records, the employer’s computer hardware or
software shall accommodate the extraction and conversion of such records which
shall be compatible with department technology;
(b) For
employers who maintain electronic records, the employer or designated agent
shall convert the electronic records to a standard record format specified by
the department, including copies of files on electronic media specified by the
department;
(c) Prior to
submitting Part 2 of the “Employer Tax and Wage Report” the employer or agent
shall prepare and submit a test electronic media as follows:
(1) The employer or agent shall:
a. Submit a test electronic media on
which Part 2 of the “Employer Quarterly Tax
and Wage Report” containing the information specified on form C2-2 Rev.
01-23 shall be written and saved as a text file (.txt);
b. Include an external label on each electronic
media, and, if there is inadequate room on the label to provide all
information, add a supplemental list which
contains the following information:
1. Employer or agent’s New Hampshire employer
Account Number;
2. Calendar quarter covered by the report;
3. Whether the
record layout is in the state or federal format; and
4. List of all
employer accounts and names, and the gross wages reported for each account;
c. Secure the external label to the front face
of the electronic media without covering the working components;
d. Explain whether there have been any changes
in file format in an official letter submitted on paper specifying the changes;
e. Include an electronic signature identifying
the individual responsible for the accuracy of the report; and
f. Timely deliver the electronic media, pursuant
to Emp 304.01, with the “Employer Tax and Wage Report”, either:
1. By mailing to:
NH Employment Security
Attention Cashier
PO Box 2058,
Concord New Hampshire
03302-2058; or
2. By delivery to the department, at:
NH Employment Security
45 South Fruit Street,
Concord, New Hampshire
03301; and
(2) The employer or agent shall only submit a
test file prior to submitting the first electronic media report. The employer or agent shall not be required
to submit future test files unless changes have been made in format;
(d) Upon being
advised by the department that the department is able to process the test
electronic media, the employer or agent who elects to file Part 2 of the
“Employer Tax and Wage Report” by electronic media in Emp 303.02
(d) (1) and (2) or are required to do so in Emp 303.02 (d)(3)
shall prepare and submit the electronic media in accordance with
the requirements in this section. The
requirements of the preparation and submission of the test electronic media
as set forth in Emp 303.022 (c) (1) shall also apply;
(e) An employer or
agent may submit via paper report a portion of the “Employer Tax and Wage Report”
consisting of the confidential payroll as a supplement to the information on
the electronic media as follows:
(1) The paper report shall be included as an
enclosure with the electronic media. The
paper report shall not be a duplicate of the
information on the electronic media; and
(2) The confidential payroll accompanying the
electronic media shall be marked as confidential;
(f) The employer or
agent shall enclose remittance of any amount due when submitting their
electronic media in accordance with Emp 303.02 (d) (1), (2) and
(3);
(g) If the
department is unable to process the electronic media because of
formatting errors, coding errors or when the electronic media is
received in a physically damaged condition, the following shall occur:
(1) The department shall request by letter that the employer or agent
correct and resubmit or resubmit the electronic media; and
(2) The employer or agent shall
resubmit the electronic media to the department within 14 days of the date of
the department’s letter. If the employer
or agent fails to make corrections and resubmit or resubmit the electronic
media within the deadline date, the “Employer Tax and Wage
Report” shall be considered untimely and late filing fees shall be assessed in
accordance with RSA 282-A:142;
(h) An employer or agent who wishes to make
corrections to wage information previously reported shall comply with Emp
303.023;
(i) The employer or agent shall immediately notify
the department if circumstances such as computer processing problems delay the
production of the “Employer Tax and Wage Report”;
(j) The department
shall direct all technical matters such as formatting and coding to the
agent. The department shall direct other
matters such as incorrect or incomplete reports, and late filing to the
employer;
(k) The data file
submitted by the employer or agent for test, original or corrected electronic
media submissions shall conform to either the New Hampshire
Employment Security format or as federally prescribed for electronic filing using the specifications for filing forms W-2
electronically (EFW2) as described in (l) - (m) respectively;
(l) The New
Hampshire employment security format shall meet the following criteria:
(1) All data records shall be a fixed length of
47 characters; and
(2) Each record shall contain the following data
elements:
a. The employee social security number recorded
as a 9 digit field filed with no hyphenations as follows:
1. The number shall consist of 9 digits;
2. One of the first 3 digits shall include a
positive digit;
3. The first three digits shall be less than
800; and
4. If the social security number is not
available, the field shall be zero filled;
b. The name of the employee shall be limited to
and recorded as a 20 characters field as follows:
1. The name shall be left justified;
2. All unused positions shall be filled with
blanks;
3. No punctuation such as commas, periods, or
hyphens shall be used;
4. Leading titles shall be omitted from the name
field;
5. Any leading letters, such as O, D, and so
forth, shall not be separated from the rest of the surname by a blank, but, if
the employer or agent chooses to separate the rest of the surname from the
leading letter, it shall be separated by an apostrophe;
6. The name shall be formatted with surname
first;
7. The name shall not be in lower case letters;
and
8. “Sr.,” “Jr.,” and numeric designation shall
follow the first name;
c. The gross wages paid to
an employee during the calendar quarter covered by the “Employer Tax and Wage
Report” in a 9
digit field as follows:
1. The wages shall be numeric and shall not
include a dollar sign;
2. The wages shall include dollars and cents and
shall not include a decimal point;
3. There shall be no punctuation including
commas;
4. The wages shall be a positive, unsigned
figure. No negative amount shall appear
in a record;
5. The wages shall be right justified;
6. The leading spaces shall be zero filled;
7. There shall be no packed fields;
8. If the gross wages of an employee exceed the
9 positions allocated, the balance shall be reported in a second record for
that employee; and
9. The amount of wages reported in the second
record shall not be equal to the amount in the first record; and
d. The State employer account number recorded as
a 9 digit field as follows:
1. The account number shall not contain hyphens;
2. The account number shall be right justified;
and
3. The leading spaces shall be zero filled;
(m) If an employer
or agent is currently using the federal format for electronic filing using the specifications for filing forms W-2
electronically (EFW2) in accordance with specifications set out in the Social Security
Administration Publication No. 42-007, EFW2 Tax Year 2023 V.1, available at
https://www.ssa.gov/employer/efw/23efw2.pdf as cited in Appendix B, in order to
report wages to the federal government, the employer or agent may use the same
format for its
“Employer Tax and Wage Report”; and
(n) An employer or
agent who elects to use the federal format for electronic
filing using the specifications for filing forms W-2 electronically (EFW2) shall:
(1) Notify the department when submitting the
test electronic media prior to filing their quarterly reports in
that format; and
(2) Use the following record types:
a. Code RA, Submitter Record in order to:
1. Identify the organization submitting the
file;
2. Describe the file;
3. Identify the organization to be contacted by
the Social Security Administration; and
4. Identify the means of contact;
b. Code RE, Employer Record in order to identify
the employer whose employee wage and tax information is being reported;
c. Code RS, State Wage Record in order to report the
gross quarterly wages and quarterly unemployment compensation data for state
filing; and
d. Code RF, Final Record in order to indicate the end
of the file.
Source. #10349, eff 5-22-13; ss by #13681, eff 7-3-23
(see Revision Note at chapter heading for Emp 300)
Emp 303.023 Making
Corrections to Tax and Wage Information Previously Reported.
(a) In order to make
corrections to information on 1- 50 employees, previously reported on the
“Employer Tax and Wage Report”, the employer or agent shall complete and file a
paper report on a form entitled “Tax and Wage Report Adjustment Form” pursuant
to (c) and (d) below.
(b) In order to make
corrections to information on 51 or more employees, previously reported on the
“Employer Tax and Wage Report”, the employer or agent shall:
(1) Complete and file a paper report on a form
entitled “Tax and Wage Report Adjustment Form” pursuant to (c) and (d) below,
excluding (d) (13); and
(2) Resubmit Part 2 of the “Employer Quarterly
Tax and Wage Report”, via electronic media pursuant to Emp 303.022.
(c) The employer or
agent shall obtain the “Tax and Wage Report Adjustment Form” by going online to
https://www.nhes.nh.gov/forms/employers.htm.
(d) The employer or
agent shall complete the form as follows:
(1) Identify the employer name and account
number;
(2) Identify the last month of the quarter in
which corrections are being made;
(3) Make corrections to Part 1 by completing
lines 7 through 13;
(4) On line 7, for each month, report the number
of covered workers who worked during or received pay for any part of the
payroll period which includes the 12th of the month and, if there
are none to report, enter zero;
(5) On line 8, identify the amount previously
reported relative to total wages, the correct amount and the difference between
the 2 amounts;
(6) On line 9, identify the amount previously
reported relative to excess wages, the correct amount and the difference
between the 2 amounts;
(7) On
line 10, identify the amount previously reported relative to taxable wages, the
correct amount and the difference between the 2 amounts;
(8) On line
11, identify the amount previously reported relative to the unemployment
insurance tax rate, the correct amount and the difference between the 2
amounts;
(9) On
line 12, identify the amount previously reported relative to administrative
contribution rate, the correct amount and the difference between the 2 amounts;
(10) On line 13, identify
the amount previously reported relative to total tax due, the correct amount
and the difference between the 2 amounts;
(11) Calculate and show the
interest at 1% per month on the total tax due if payment is delinquent;
(12) Calculate and show the
total balance or credit due;
(13) Make corrections to Part 2, by completing the rows under columns
entitled social security number, employee name, amount previously reported and
correct amount;
(14) Print the form;
(15) Sign the form and indicate
the title of the individual completing the form, the date the form was
completed, and phone number where the individual may be contacted; and
(16) Mail the form to:
NH Employment Security
Attention Cashier
PO Box 2058
Concord New Hampshire
03302-2058.
Source. #10349, eff 5-22-13; ss by #13681, eff 7-3-23
(see Revision Note at chapter heading for Emp 300)
Emp 303.03 Information
Regarding Reported Earnings or Hours.
(a) Third party
administrator (“TPA”) means a third party acting as a registered agent for an
employer pursuant to Emp 303.10.
(b) If the
department determines that it is necessary to verify the accuracy of a
claimant’s reported earnings or hours worked during a week for which he or she
has submitted a claim for benefits, the department shall determine the
claimant’s earnings or hours worked for such week from information contained in
department records; or
(c) If such information cannot be
obtained from department records, the department shall require the claimant’s
employer or TPA to provide such information by:
(1) Posting a notification on the employer’s or
TPA’s online homepage requiring the employer or TPA to respond to such request;
and
(2) Sending an equivalent notification to the
employer or TPA by email or United States mail, depending on the employer’s or
TPA’s preference as established during initial registration.
(d) Upon receiving such
notification, the employer or TPA shall provide the requested information
online by choosing the prompt “Response to Work and Earning Request” at the employer’s or TPA’s
homepage and shall complete and submit the “Response to Work and Earning
Request” form (rev-07-18).
(e) If the employer
is unregistered, the department shall send a notification to the employer by
United States mail requiring the employer to report the claimant’s earnings or
hours worked in accordance with this section.
The department shall provide a temporary password with the notification
which the employer may use to access the department’s website and respond
online.
(f)
Unregistered employers who receive
a notice pursuant to paragraph (e) above may respond by:
(1) Using the temporary password provided with
the department’s notification to respond online;
(2) Registering to conduct business with the
department online in accordance with Emp 405.04; or
(3) Requesting that the department provide a
paper form as provided in paragraph (g) below.
(g) For employers who request to respond
using a paper form,
the department shall provide a “Payment Voucher-Report of Payment & Hours
Worked” form (rev-7/18) by United States mail.
(h) The employer or TPA shall supply all
information requested in this section within 7 days of:
(1) The date on
which the notice of request for information is posted on the employer’s or
TPA’s homepage; or
(2) The mailing
date of the “Payment
Voucher-Report of Payment & Hours Worked” form (rev-7/18) as indicated on the
form.
(i) Failure by an employer or TPA to respond to a
request for information pursuant to this section within the time limits
established by paragraph (h) above may, upon review, be deemed by the
department to be a
waiver of the exemption from charging the employer’s account for benefits paid
to a claimant during a period of continued concurrent employment under Emp
304.04.
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90
New. #5143, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97; ss by #7247, eff 4-30-00; ss
by #7619, eff 12-30-01; ss by #8558,
INTERIM, eff 1-31-06, EXPIRES: 7-30-06; ss by #8675, eff 7-8-06; ss by #9527,
eff 8-17-09; renumbered by #10081 (formerly Emp 302.03); ss by #12480, INTERIM,
eff 2-16-18, EXPIRES:8-15-18; ss by #12587, eff 7-23-18
Emp 303.04 Authority and Identity Required.
(a) All reports and
all information verification and waiver forms required by RSA 282-A:45 and Emp
303.08 submitted by or on behalf of an employer or employing unit shall:
(1) Be submitted by:
a. The employer or employing unit, one or more
general partners, one or more members of a limited liability company, or a duly
authorized employee; or
b. An agent authorized pursuant to Emp 303.10;
(2) State the name and title of the individual
submitting the report or form; and
(3) State the date of submission.
(b) If the report, information verification, or
waiver form is prepared by an individual other than the individual submitting
such material pursuant to (a)(1) above the preparer shall:
(1) Identify the preparer;
(2) State the preparer’s telephone number; and
(3) State the business address of the preparer.
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90
New. #5143, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97; ss by #7247, eff 4-30-00; ss
by #7619, eff 12-30-01; ss by #8558,
INTERIM, eff 1-31-06, EXPIRES: 7-30-06; ss by #8675, eff 7-8-06; ss by #9527,
eff 8-17-09; renumbered by #10081 (formerly Emp 302.04); ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; ss by #12587, eff 7-23-18
Emp 303.05 Records
to be Kept by Each Employing Unit and Each Employer.
(a) Each employing
unit having employment performed for it shall establish and maintain, with
respect to each worker engaged in such employment, the following records:
(1) The period covered by the payroll;
(2) For each worker:
a. The worker's name;
b. The date on which the worker was hired,
rehired, or returned to work after lay-off, and the date when the worker was
separated from employment;
c. For each calendar week in which the worker
performed any service in employment, the number of hours the worker was
employed;
d. The worker’s wages earned in each pay period,
showing separately:
1. Money wages;
2. Cash value of all other remuneration received
from the worker's employer; and
3. Any special payments for services other than
those rendered exclusively in a given pay period, such as bonuses, gifts,
prizes, separation allowance, accrued leave, vacation, sickness allowance,
payments in lieu of notice, showing separately:
(i) Money payments;
(ii) Other remuneration; and
(iii) The nature of such payments and the period
during which such payments were made;
e. Amount and date of such wage payment; and
f. The worker's social security number; and
(3) For each place of employment, the number of
workers in covered employment.
(b) In addition to
all other records required to be established, maintained and preserved by any
other rule or by statute, every employing unit having “included service” and
“excluded service” as described in RSA 282-A:9(V) shall establish, maintain and
preserve for each worker engaged in the performance of such services the
following records:
(1) The number of hours in each pay period during
which the worker was engaged in “included service”; and
(2) The number of hours in each pay period during
which the worker was engaged in “excluded service”.
(c) Each employer
shall keep the employer's payroll records in such form that it shall be
possible from an inspection thereof to determine, with respect to each worker
in the employer's employ who may be eligible for partial benefits, the
following:
(1) Wages earned, by weeks;
(2) Whether any week was in fact a week of less
than full-time work; and
(3) Time lost, if any, by each such worker, due
to reasons other than lack of work.
(d) The records
listed in Emp 303.05(a), (b) and (c) shall be preserved for a period of not
less than 6 years after the calendar year in which the remuneration for the
services was paid, or, if not paid, was due.
(e) If the
commissioner finds that the customary records kept by the employer are
sufficient to determine readily all of the requirements of this regulation, the
employer shall not be required to change the employer's method of record
keeping or to keep any additional records.
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90
New. #5143, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRES: 4-30-06;
ss by #8549, INTERIM, eff 1-26-05, EXPIRES: 7-25-06; ss by #8674, eff 7-8-06;
renumbered by #10081 (formerly Emp 302.05); ss by #10673, eff 9-22-14
Emp 303.06 Penalty.
- EXPIRED
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90
New. #5143, eff 5-6-91; EXPIRED: 5-6-97; renumbered by #10081 (formerly Emp 302.06)
Emp 303.07 Force
and Effect of Instructions on Forms. - EXPIRED
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90;
renumbered by #10081 (formerly Emp 302.07)
Emp 303.08 Notice
of Claim and Verification Request Form.
(a) Whenever
required by RSA 282-A:45, a “Notice of Claim and Verification Request” form, formerly
known as “Request To Employer for Separation Information”, shall be sent either
by e-mail notice pursuant to Emp 405.03 or by mail by the certifying officer to
the employer or employing unit for whom the claimant last performed services.
(b) The certifying officer shall provide the following
information on the “Notice of Claim and Verification Request”
form:
(1) The name and social security account number
of the claimant;
(2) The claimant’s benefit year beginning and
ending dates;
(3) The issue date;
(4) The claimant’s reported dates of employment
and reason for separation with the employer or employing unit;
(5) Whether the claimant has advised the
department of the receipt or expectation to receive any of the following
payments upon his or her separation from employment with the employer or
employing unit, to include:
a. Severance pay;
b. Vacation pay;
c. Holiday pay;
d. Bonus pay;
e. Sick pay;
f. Personal time off;
g. Pension/retirement payout;
h. Pension/retirement on-going payment; or
i. Other; and
(6) The date by which the employer or employing
unit
must respond pursuant to Emp 303.08 (d).
(c) The employer or
employing unit shall notify the department, electronically if the employer has
registered pursuant to Emp 405.04 and wishes to use this method, otherwise by
hand-delivery, mail, fax or telephone at the address, fax or telephone numbers
designated by the department on the form if:
(1) The actual cause is other than lack of work;
(2) The dates of employment, as reported by the
claimant, are incorrect; or
(3) The claimant provided incorrect information
regarding the receipt or expected receipt of any of the separation payments
listed in Emp 303.08 (b) (3).
(d) The employer or
employing unit notifying the department pursuant to (c) above shall assure
receipt by the department of the information within 7 calendar days from the
date of mailing, which is noted on the form as the issue date, by
the department of the “Notice of Claim and Verification Request” form.
(e) If the employer
or employing unit’s response in the “Notice of Claim and Verification Request”
form states a cause of claimant’s unemployment that would potentially
disqualify the claimant, the department shall contact the employer or employing
unit to obtain information regarding the separation from employment as follows:
(1) The department shall contact the employer or
employing unit, either by e-mail notice pursuant to Emp
405.03, telephone, or fax to obtain information regarding
the separation from employment unless
the claimant has certified the earning of sufficient wage credits to remove any
disqualification pursuant to RSA 282-A:32,I; and
(2) The employer or employing unit shall within
48 hours of the date and time it is contacted by the department, provide full
and complete information, by on-line self-service, mail-delivery, telephone,
fax, or e-mail.
(f) Failure of the
employer or employing unit to provide the information required by the
department in Emp 303.08 (c) or (e) (2) within the periods of time set forth in
Emp 303.08 (d) and (e)(2) shall be deemed an irrevocable
waiver of its right to be heard before the determination is made. Benefits
charged to its account as a result of the determination shall remain so charged
even though the claimant is held not to be entitled to unemployment compensation
by reason of a later decision.
(g) The department
shall comply with the requirements of RSA 282-A:45, I (c) in the “Notice of
Claim and Verification Request” form.
(h) The employer or
employing unit shall indicate whether they wish to waive and release all rights
to appeal prior to the determination on this claim under RSA 282-A: 42-67
except for the right to request a re-determination under RSA 282-A: 46.
(i) The employer shall certify that the
information furnished on the form is true and correct.
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90
New. #5243, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97; ss by #7249, eff 4-30-00; amd by #8001, eff 12-14-03; ss by #9527, eff 8-17-09; renumbered by #10081 (formerly Emp 302.08);
amd by #10446, INTERIM, eff 10-21-13, EXPIRED: 4-21-14
New. #10588, eff 5-13-14
Emp 303.09 Mailing
Address.
(a) All mailings by the department to an employer
or employing unit shall be to the mailing address listed on the “Employer
Status Report”, pursuant to Emp 303.01, unless the employer or employing unit
designates:
(1) An alternate address or requests e-mail
notification for the mailing of forms, decisions, and other materials
which relate to entitlement to unemployment compensation benefits;
(2) One mailing address for the mailing of forms,
decisions, and other materials which relate to employer status, records,
reports, payment of contributions, and reimbursement in lieu of contributions;
or
(3) A properly authorized agent to receive
materials designated in (a)(1) or (a)(2).
Source. #4540, eff 12-9-88, EXPIRED:
12-9-94
New. #5972, eff 2-1-95, EXPIRED: 2-1-03
New. #8156, eff 9-5-04; ss by #9527, eff 8-17-09;
renumbered by #10081 (formerly Emp 302.09); ss by #12480, INTERIM, eff 2-16-18,
EXPIRES: 8-15-18; ss by #12587, eff 7-23-18
(a) A request for
designation of an authorized agent shall be in writing and signed by the
employer or employing unit, one or more general partners, an officer of a
public or private corporation, a member or manager of a limited liability
company, or a duly authorized employee stating the title or position of the
employee.
(b) An authorized agent acting on behalf of an
employer or employing unit shall comply with the rules and statutory
obligations to which its principal is subject.
(c)
The commissioner shall deny approval or revoke approval of a request for
designation of an authorized agent for violations of (b) above. Only the employer or employing unit, may
appeal a denial or revocation. Any appeal shall be in writing and shall be
pursuant to Emp 201 and RSA 282-A:95, 96, 97 and 67.
(d) Any authorized
agent which represents 50 or
more employers may enter into a memorandum of understanding with the
commissioner which allows that agent to maintain written records of the
designation as authorized agent on its premises subject to audit within 5
business days of written notice by the commissioner.
(e) Any authorized
agent that represents 50 or more employers may enter
into a memorandum of understanding with the commissioner which allows that
agent to file the complete “Employer Tax and Wage Report” required at Emp 303.02 on electronic media.
(f) An authorized
agent responsible for receiving and responding to inquiries from the department
on behalf of one or more employers shall:
(1) Respond within the deadline by which the
employer it is representing was required to respond; and
(2) Respond electronically if the authorized
agent has registered pursuant to Emp 405.04 and wishes to use this method,
otherwise by mail, fax, or telephone at the address, fax or
telephone numbers provided by the department.
(g) A designation of
an authorized agent shall not prevent the department from obtaining information
directly from an employer or employing unit when determined necessary by the
commissioner.
(h) The commissioner
shall determine it necessary to obtain information directly from an employer
which has designated an authorized agent under circumstances which include but
are not limited to the following:
(1) Such direct
communication would result in a more prompt or accurate determination on a
claim for benefits;
(2) The information provided by the authorized
agent is incomplete, inaccurate, not timely or not communicated by the means determined
by the commissioner; or
(3) The authorized agent is uncooperative in
providing information to the department.
Source. #4541, eff 12-9-88, EXPIRED:
12-9-94
New. #5973, eff 2-1-95; ss by #8001, eff 12-14-03;
ss by #9527, eff 8-17-09; renumbered by
#10081 (formerly Emp 302.10); amd by #10349, eff
5-22-13; EXPIRED 8-17-17 in paragraphs (a)-(c) and (f)-(h); ss by #13681, eff
7-3-23 (see Revision Note at chapter heading for Emp 300)
Emp 303.11 Filing
Requirements. Any report required to
be filed shall be considered properly filed if it:
(a) Is timely filed as required under Emp 304.01;
(b) Contains all information required under Emp
303.02 (f), Emp 303.021, Emp 303.022 or all 3 sections; and
(c) Is filed as required by Emp 303.02 (d) and
Emp 303.10 (d) and (e).
Source. #6413, eff 1-1-97, EXPIRED:
1-1-05
New. #8471, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8627, eff 6-6-06; ss by #9527, eff 8-17-09; renumbered by #10081 (formerly Emp 302.11); ss by
#10349, eff 5-22-13; ss by #13681, eff 7-3-23 (see Revision Note at chapter
heading for Emp 300)
Emp 303.12 Request
for Wage Information.
(a) If the
department determines that it requires wage information from a claimant’s
current or former employer because the claimant’s reported earnings appear to
be incorrect or missing, it shall request that information from the employer or
TPA.
(b) The department
shall notify the employer or TPA by:
(1) Posting a notification on the employer’s or
TPA’s online homepage requiring the employer or TPA to respond to such request;
and
(2) Sending an equivalent notification to the
employer or TPA by email or United States mail, depending on the employer’s or
TPA’s preference as established during initial registration.
(c) Upon receiving
such notification, the employer or TPA shall provide the requested information
online by choosing the prompt “Response to Wage Information Request” at the employer or TPA’s
homepage and shall complete and submit the “Request for Wage Information” form
(rev-7-18).
(d) If the employer is unregistered, the
department shall send notification to the employer by United States mail
requiring the employer to report the claimant’s earnings in accordance with
this section. The department shall
provide a temporary password with the notification which the employer may use
to access the department’s website and respond online.
(e) Unregistered employers who receive
a notice pursuant to paragraph (d) above may respond by:
(1) Using the temporary password provided with
the department’s notification to respond online;
(2) Registering to conduct business with the
department online in accordance with Emp 405.04; or
(3) Requesting that the department provide a
paper form as provided in paragraph (g) below.
(g) For employers
who request to respond using a paper form, the department shall provide a
“Request for Wage Information” form (rev-7/18) by United States mail.
(h) The employer or TPA shall supply all information
requested within 7 days of:
(1) The date on
which the notice of request for information is posted on the employer’s or
TPA’s homepage; or
(2) The mailing
date of the “Request
for Wage Information” form (rev-7-18) as indicated on the form.
(i) Failure by an employer or TPA to respond to a
request for information pursuant to this section within the time limits
established by paragraph (h) above may, upon review, be deemed by the
department to be a
waiver of the exemption from charging the employer’s account for benefits paid
to a claimant during a period of continued concurrent employment under Emp
304.04.
Source. #7469, INTERIM, eff 4-1-01,
EXPIRED: 9-28-01
New. #7619, eff 12-30-01; ss by #9527, eff 8-17-09; renumbered by #10081 (formerly Emp 302.12); ss by
#12480, INTERIM, eff 2-16-18, EXPIRES: 8-15-18; ss by #12587, eff 7-23-18
Emp 303.13 Mass Layoffs.
(a) An employing unit or employer shall be
required to report pursuant to RSA 282-A:45-a if the employing unit or employer
lays off or expects to lay off 25 or more individuals:
(1) In the same
calendar week;
(2) For an
expected duration of 7 calendar days or more; and
(3) Due to:
a. A vacation shutdown;
b. Holiday shutdown; or
c. Company closure.
(b) An employing unit or employer required to
report pursuant to RSA 282-A:45-a shall report to the department the following
information:
(1) The
employing unit’s or employer's full business name, including DBA, and the
telephone number the employing unit or employer wishes the department to use
for additional layoff information;
(2) The
employing unit's or employer's New Hampshire employer account number;
(3) The
physical location, or if more than one, locations where:
a. Each individual performs services;
b. If an individual's services are not generally
performed in the same location, the individual’s base of operations; or
c. If the individual's
services are not generally performed in the same location and the individual
does not have a base of operations, then the place from which the individual's
services are directed and controlled;
(4) The mailing address, or if more than one,
addresses of each location provided in subparagraph (3) above;
(5) The reason
for the layoff;
(6) The
calendar week in which the layoff has occurred or is expected to occur;
(7) The total
number of individuals laid off or expected to be laid off; and
(8) For each
individual laid off:
a. The individual's first and last name;
b. The individual's social security number;
c. The last day on which the individual
performed services;
d. Whether the employing unit or employer expects
the layoff to be permanent or temporary;
e. If the layoff is expected to be temporary,
the anticipated reemployment date; and
f. The amount of any payments made or expected
to be made for wages as defined at RSA 282-A:14,III for, during and after the
calendar week in which the individual last performed services.
(c) Wages reportable pursuant to (b)(8)f. above
shall include but are not limited to, gross wages for work performed and any vacation, bonus, longevity, stay,
retention, attendance, holiday, or similar payments.
(d) The department of employment security shall prepare
a form, known as a “Mass Layoff Notice”, which shall be appropriate for use by employing units and employers
to report the information required to be reported pursuant to Emp 303.13(b).
(e) The employing unit or employer shall report
either on:
(1) A “Mass
Layoff Notice” form as described at Emp 303.13(d); or
(2) A format
requested by the employing unit or employer which the department has determined
to:
a. Contain all legally required information;
b. Have a sequence of information which allows
efficient data entry; and
c. Be clear and legible.
(f) An employing unit or employer which has a mass layoff shall file a “Mass Layoff
Notice” or other format allowed under Emp 303.13(e):
(1) Not later
than 3 business days following the end of the calendar
week in which a reportable mass layoff occurs if the mass layoff is due to a
company closure; or
(2) Not later
than 7 business days following the end of the calendar
week in which a reportable mass layoff occurs if the mass layoff is due to a
vacation shutdown or a holiday shutdown.
(g) The department shall make inquiry of an
employing unit or employer whether a reportable mass layoff is expected if the commissioner finds the inquiry is necessary
due to:
(1) The
employing unit or employer having had a reportable mass layoff within the prior
12 calendar months;
(2) The
department has received information that a reportable mass layoff may occur; or
(3) Similar
reasons.
(h) Upon inquiry by the department pursuant to
Emp 303.13 (g) an employing unit or employer shall advise the department within 7 business days whether it
anticipates having a reportable mass layoff within the 12 month period
following the department's inquiry.
(i) An employing unit
or employer responding to a department inquiry request under Emp 303.13(h) which does anticipate having a reportable mass layoff shall file a “Mass
Layoff Notice” form or other format allowed under Emp 303.13(e) containing the
information required at Emp 303.13 (b)(1), (2), (6) and (7) within 7 business
days of the department's inquiry.
(j) The commissioner shall waive the requirement
that an employing unit or employer report pursuant to RSA 282-A:45-a if the
commissioner determines, either on the commissioner’s own motion or in response
to a request for waiver, that it is unlikely that 25 or more of
the individuals laid off will file an initial claim due to the expected receipt
of wages.
(k) An employing unit or employer shall request
waiver of the requirement that it report pursuant to RSA 282-A:45-a not later
than 14 days prior to the week in which the reportable mass layoff is expected
to occur.
(l) A request for waiver of the requirement that
an employing unit or employer report pursuant to RSA 282-A:45-a shall be in
writing, shall give all reasons the employing unit or employer wishes
considered and shall:
(1) Be signed
by:
a. The employing unit or employer, one or more
general partners, one or more members of a limited liability company or a duly
authorized employee; or
b. An agent authorized pursuant to Emp 303.10;
(2) State the
name and title of the individual signing;
(3) State the
telephone number of the individual signing; and
(4) State the
date of execution.
(m) Any waiver granted under Emp 303.13(h) shall
become void upon notice from the commissioner that 25 or more of the
individuals laid off have in fact filed a claim for benefits. In that case, an employing unit or employer
previously granted a waiver shall file a complete “Mass Layoff Notice” form or
other format allowed under Emp 303.13(e) within 2 business days of such notice.
(n) An employing unit or employer which has fully
reported an individual under RSA 282-A:45-a and Emp 303.13 shall not be
required to report such individual under RSA 282-A:45 and Emp 303.08.
(o) An employing unit or employer not required to
report pursuant to RSA 282-A:45-a may voluntarily do
so.
(p) An employing unit or employer shall not
report an individual pursuant to RSA 282-A:45-a if there is any reason for the individual's separation from employment other
than:
(1) A vacation
shutdown;
(2) Holiday shutdown;
or
(3) Company
closure.
Source. #8558, INTERIM, eff 1-31-06, EXPIRED: 7-30-06;
ss by #8675, eff 7-8-06; renumbered by #10081 (formerly Emp 302.13); ss by
#10673, eff 9-22-14
Emp 303.14 Part-Time
Work Information. - EXPIRED
Source. #8558, INTERIM, eff 1-31-06, EXPIRED: 7-30-06;
ss by #8675, eff 7-8-06; ss by #9273, INTERIM, eff 9-20-08, EXPIRES: 3-19-09;
ss by #9388, eff 2-13-09; renumbered by #10081 (formerly Emp 302.14), EXPIRED:
2-13-17
Emp
303.15 Trade, Business, and Workforce
Transfer Report.
(a) The department shall send a “Trade, Business,
and Workforce Transfer Report” form to a person, employing unit or employer
whenever it determines that additional information is needed to ascertain
whether:
(1) An employer has transferred all, or a portion of, its
trade, business, or workforce to:
a. a person who was not an employer under RSA 282-A at
the time of the transfer;
b. an employing unit; or
c. another employer;
(2) An employer
has transferred all, or a portion of, its trade, business, or workforce to an
employing unit or to another employer which at the time of transfer shares
any common ownership, management, or control with the transferring employer;
(3) A substantial
purpose of the transfer of the trade, business, or workforce was to obtain a
reduced liability for contributions; or
(4) A person who was not an employer
under RSA 282-A at the time the person engaged in such acquisition acquired
all, or a portion of, an employer’s trade, business, or workforce solely or
primarily for the purpose of obtaining a lower rate of contributions.
(b) Every person, employing unit, or employer
shall file with the department of employment security a fully and properly
executed “Trade, Business, and Workforce Transfer Report”:
(1) Within 30
days of transferring all, or a portion of, its trade, business, or workforce
to:
a. a person who
was not an employer under RSA 282-A at the time of the transfer;
b. an employing
unit; or
c. another
employer;
(2) Within 30
days of transferring all, or a portion of, its trade, business, or workforce to
an employing unit or to another employer which shares any common ownership,
management, or control with the transferring employer;
(3) Within 30
days of any and all changes in its status or any other information required to
be furnished in said “Trade, Business, and Workforce Transfer Report”; and
(4) As often as
required by the department for the purpose of clarifying inconsistent or
out-of-date information.
(c) Every
person, employing unit, or employer required to file with the department
of employment security a fully and properly executed “Trade, Business, and
Workforce Transfer Report” shall supply on the “Trade, Business, and
Workforce Transfer Report” the following
information and execution:
(1) If completing the “Sale of Business or Entity Change
Sections” portion of the form, indicate:
a. Whether the
entity has changed to sole proprietorship, partnership, corporation, LLC;
b. The date of
change;
c. Whether or not
the business has been sold or leased.
An affirmative answer to this question
shall require additional information including:
1. The name, DBA,
and address of the entity to which the business assets have been sold or leased; and
2. The percentage
of assets sold or leased.
d. Whether or not
the business still furnishes employment in NH under the account number on the form and:
1. If answering
yes, provide an explanation;
2. If answering
no, specify the last date of employment in NH;
(2) If
completing the “Transfer of Workforce” section, indicate:
a. The name, DBA, and address of the employer or employing unit to which the business was sold or to which the
workforce was transferred;
b. The date of the sale or transfer;
c. The number of transferred New Hampshire employees;
d. The number of retained New Hampshire employees;
e. A list of the transferred employees' names, social security numbers and gross wages of those transferred employees for
the last 4 completed quarters prior to the transfer;
f. Whether there is any common ownership, management or control
between transferor and transferee;
g. A list of the owners, all partners, authorized corporate officers and authorized members of limited liability companies;
h. The signature of an authorized owner, partner, or officer;
and
(3) Affirmation of accuracy regarding information in the report and any
attachments made under penalty of law (RSA
282-A:166).
Source. #8946, eff 7-21-07; renumbered by #10081
(formerly Emp 302.15); ss by #10973, eff 11-12-15
PART
Emp 304 CONTRIBUTIONS AND DEBTS
Emp 304.01 Contributions
Due and Payable.
(a) Contributions of
every employer on wages paid during a calendar quarter shall be due and paid to
the department of employment security on or before the last day of the month
following the calendar quarter during which said wages are paid.
(b) If the
department of employment security determines that the collection of
contributions or filing of reports will be jeopardized by
allowing the employer to file quarterly, it shall require that the “Employer
Tax and Wage Report” and all contributions due thereon be filed and paid on or
before the last day of the month following the month during which wages are
paid by any employer:
(1) Whose past record indicates such employer has
failed to submit reports or contributions when due; or
(2) Which is likely to submit reports or
contributions late in the future due to:
a. Economic inability;
b. Recalcitrance; or
c. Similar reasons.
(c) Whenever an
employer ceases to do business the “Employer Tax and Wage Report” and contributions with respect to all wages for employment paid or
payable since the employer’s last reporting period shall become due and be paid
on or before the last day of the month following the month in which the
cessation of business occurred.
(d) The first
contribution payment of any employing unit shall become due, and be paid on or
before the last day of the month following the calendar quarter in which such
employing unit becomes an employer. Such
payment shall include contributions for all wages paid for employment in all
quarters in a calendar year commencing with
the calendar quarter in which the employer first provided employment subject to
RSA 282-A.
(e) The first
contribution payments of any employing unit which becomes a subject employer
pursuant to RSA 282-A:102 shall include contributions for all wages for
employment paid on and after the subject date and up to and including all pay
periods ending within the calendar quarter in which the subject date falls.
(f) In the event
payment is made in person, such payment shall be made timely if presented
during the department's business hours on or before the
first department business day succeeding the due date.
(g) In the event
payment is by mail, such payment shall be made timely if postmarked not later than midnight of the first day of the month next succeeding the due date, provided however that
if said first day of the month falls on a Sunday or a legal holiday, payments
shall be made timely if postmarked not later than
midnight of the next succeeding business day of the post office at which said
payment was mailed. In the event an
employer, in forwarding the payment by mail, makes use of an envelope
postmarked by a postage meter, so-called, payment shall be made timely if the
payment is received by the department within the department's 4 business days
next succeeding the due date.
(h) If the employer uses a private delivery service to forward payment,
such payment shall be timely if received by the department within 2 business
days immediately succeeding the due date.
(i) If the employer files its report or makes
payment over the internet pursuant to Emp 303.021, such report or payment shall
be made timely if sent electronically pursuant to Emp 303.021(b) no later than
2 business days immediately succeeding the due date.
Source. #2234, eff 1-1-83; amd by #2490, eff 10-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5144, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 303.01); amd by #10330, eff 5-7-13; ss
by #10673, eff 9-22-14
Emp
304.02 Reimbursing Employers.
(a) This rule shall govern the liability of
reimbursing employers pursuant to RSA 282-A:69-RSA 282-A:73.
(b)
Benefits which are paid by the Department and not chargeable to the Unemployment Compensation
Trust Fund, US Department of Labor or Worksharing
employer shall either be reimbursed to the Fund by reimbursing employers or
charged to a taxpaying employer’s separate account.
(c) Pursuant to RSA 282-A:2, I, the base period shall consist of the
first 4 out of the last 5 completed calendar quarters immediately preceding the
individual’s benefit year unless an alternate base period is used. Pursuant to RSA 282-A:2, II, the alternate base period shall consist of the
last four completed calendar quarters immediately preceding the individual’s
benefit year.
(d) Whenever benefits are paid to a claimant as a
result of annual earnings from a reimbursing employer, such reimbursing
employer shall reimburse the trust fund for benefits
paid to such claimant in the same proportion as
the annual earnings from such reimbursing
employer bear to the total amount of annual earnings in the claimant’s
applicable base period. The amount of
benefits, if any, the claimant is entitled to receive on the basis of wages
paid to such claimant by a taxpaying employer shall be determined and charged
to such employer's separate account in accordance with RSA 282-A:74-75.
(e) A reimbursing employer that elects to become a taxpaying employer and to pay contributions shall
continue to be liable for reimbursement of all benefits paid to a claimant
which are based on annual earnings from such
employer in such claimant’s base period prior to the effective date of the
employer’s election to pay contributions.
The percentage of benefits reimbursed by such employer shall be equivalent
to the percentage of annual earnings from such employer as a reimbursing
employer during such claimant’s base period.
(f) Reimbursing employers shall make payments of
reimbursement in lieu of contributions by the last day of the month following
the month in which demand for payment is mailed.
(g) A reimbursing employer that appeals a
determination of the department and prevails or otherwise succeeds on appeal
shall be liable for reimbursement of all benefits paid notwithstanding any
overpayment created except for that portion of the overpayment which has been
recovered from the claimant.
(h) A reimbursing employer shall be credited with
sums otherwise collected for benefits paid pursuant to RSA 282-A:73 unless such reimbursing employer failed to comply with RSA
282-A:45, III, Emp 303.08 (c)-(f), RSA 282-A:45-a, III, Emp 303.13(b)(c)(e)(f)(h)(i), or Emp 303.13(m).
(i) Pursuant to RSA
282-A:44, determinations shall clearly set forth the calculation of benefit
charges and the dollar amount to be billed to any reimbursing employer or
charged to any employer's separate account.
Source. #2234, eff 1-1-83; amd by #2490, eff 10-1-83; amd by
#2555, eff 12-23-83; amd by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5138, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #8797, INTERIM, eff
1-12-07, EXPIRED: 7-11-07
New. #8947, eff 7-21-07; renumbered by #10081
(formerly Emp 303.02); ss by #10973, eff 11-12-15
Emp 304.03 Group
Accounts. Any employer entitled to
make payments by reimbursement may upon application to the commissioner have
his account grouped with any other employer who is entitled to make payment by
reimbursement. Thereafter the group of 2
or more such employers shall be treated by the department of employment
security as one employer for contributions or reimbursement as the group may
elect. The department shall keep one
separate account as provided by RSA 282-A:74.
Such grouping, however, shall not relieve the individual members of the
group from their joint and several liabilities for all charges to the group
account. The group shall identify by
name and address the office and individual to be held responsible for all
reports, contributions, reimbursements and notices to and from the department.
Source. #2234, eff 1-1-83; amd by #2490, eff 10-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5144, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 303.03); ss by #10673, eff 9-22-14
Emp
304.04 Charging for Benefits in Cases
of Two or More Concurrent Employers.
(a) A claimant shall be deemed to have worked
concurrently if, concerning the same week, the claimant, for more than one
employer:
(1) Performed
services;
(2) Received, or expects to receive, wages;
or
(3) Had wages,
other than temporary partial disability payments under the workers’
compensation law of any state or a similar law of the United States, which were
found to apply to such week pursuant to RSA 282-A:14, III(a).
(b) Charging of benefits in cases of 2 or more
concurrent employers shall be as follows:
(1) Where a
claimant works concurrently either full-time or part-time for 2 or more tax paying employers, and the claimant becomes
unemployed within the same week from all such tax
paying employers, all benefits paid but not
chargeable to a reimbursing employer shall be charged as prescribed in RSA
282-A:74 through RSA 282-A:76 except that the charges for such benefits shall
be divided equally among such tax paying
employers;
(2) Where a
claimant works concurrently for 2 or more employers,
whether such employers are reimbursing or tax paying, and becomes unemployed from one or
within the same week from more than one, but one or more of the tax paying concurrent employers continues to furnish
the claimant substantially the same amount of work, all benefits paid but not chargeable to a reimbursing employer
shall be charged as prescribed in RSA 282-A:74 through RSA 282-A:76 except
that:
a. The charges
for such benefits paid but not chargeable to a
reimbursing employer shall be divided equally among the former tax paying concurrent employers, if any, whose
separate accounts are not exempt from charging
pursuant to RSA 282-A:75; and
b. The account
of that tax paying employer or those tax paying employers who continue to furnish the claimant substantially the same amount of employment
shall not be charged with benefits paid during such period of continued employment; and
(3) Where a tax paying employer which has not been chargeable
for one or more weeks pursuant to Emp 304.04(b)(2)b terminates the employment
of the claimant for a reason other than misconduct or the claimant leaves
such employment for good cause attributable to the employer, such tax paying employer shall become chargeable as
described in Emp 304.04(b)(1) commencing in the week such termination or
leaving occurs.
(c) When necessary to determine if a concurrent
taxable employer appears likely to continue to furnish the claimant
substantially the same amount of employment, the department
shall send a “Payment Voucher” form, as described in Emp 303.03, to such
employer and require the employer to provide information for the first week of
potential benefit eligibility and the previous 5 weeks.
(d) The employer shall have 7 calendar days, from
the date the department issued the Payment Voucher, to return the information
to the department address designated on the form with the date calculated as
follows;
(1) For forms
submitted by U.S. mail, the postmark date shall be the date the information is
returned; and
(2) For forms
submitted by any other method, the date received by the department shall be the
date the information is returned;
(e) Failure of an employer to return a “Payment
Voucher” form within 7 calendar days pursuant to Emp 304.04 (d) shall result in
the employer not being relieved from charging as set forth in Emp 304.04(b)(2)
b. If the payment voucher form is
received after the 7 calendar day period the department shall consider the
information received and shall adjust the charges going forward based on the
information
provided in the payment voucher form.
Source. #2234, eff 1-1-83; amd by #2490, eff 10-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5144, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #8798, INTERIM, eff
1-12-07, EXPIRED: 7-11-07
New. #8947, eff 7-21-07; renumbered by #10081
(formerly Emp 303.04); amd by #10180, eff 8-31-12; ss
by #10973, eff 11-12-15
Emp
304.05 Computation Date and Tax Rate
in Event of Successorship.
(a) The computation date, as authorized by RSA
282-A:92 where successorship occurs pursuant to RSA 282-A:91, for a succeeding
employing unit shall be the date of acquisition. The tax rate shall include benefits charged
and contributions paid as of the last computation date, and the resultant rate shall
take effect as of the date of acquisition.
(b) A succeeding employing unit shall, from the
date of acquisition, not be denied a reduced merit rate based on a predecessor
employing unit's failure to file reports and/or pay contributions due if all
delinquent reports and/or contributions as defined in RSA 282-A:152, I, are
received within 14 days of the date of mailing of the employer liability
determination finding successorship. An
appeal shall not stay the time for filing and/or payment.
(c) Paragraph (b) shall not apply to succeeding
employing units where such:
(1)
Represent a change of legal
business form of a predecessor employing unit;
(2)
Represent no change in ownership
of a predecessor employing unit;
(3)
Represent no change in control or
management of predecessor employing unit; or
(4) Have failed to properly notify the department as required
by RSA 282-A:91 and Emp 303.01.
(d) The tax
rate for a succeeding employing unit, that on the date of acquisition was an
employer, shall take effect as of the date of the acquisition.
Source. #2234, eff 1-1-83; amd by #2490, eff 10-1-83; ss by #2930, eff 12-21-84; ss by
#4160, eff 11-5-86, EXPIRED: 11-5-92
New. #5813, eff 4-22-94, EXPIRED: 4-22-00
New. #8946, eff 7-21-07; renumbered by #10081 (formerly Emp 303.05); ss by
#10973, eff 11-12-15
Emp 304.06 Chargeable
Employer if No Most Recent Employer. - EXPIRED
Source. #3154, eff 12-2-85; ss by
#4350, eff 12-28-87, EXPIRED: 12-28-93;
renumbered by #10081 (formerly Emp 303.06)
Emp 304.07 Temporary
Unemployment Compensation Crisis Assessment. - EXPIRED
Source. #4161, eff 11-5-86, EXPIRED:
11-5-92; renumbered by #10081 (formerly
Emp 303.07)
Emp 304.08 Reestablishment
of Rights to a Reduced Merit Rate. - EXPIRED
Source. #4162, eff 11-5-86, EXPIRED:
11-5-92
New. #5814, eff 4-22-94, EXPIRED: 4-22-00; renumbered by #10081 (formerly Emp 303.08)
Emp 304.09 Adverse
Rating Cost. - EXPIRED
Source. #4520, eff 10-31-88, EXPIRED:
10-31-94; renumbered by #10081 (formerly
Emp 303.09)
Emp 304.10 Most
Recent Employer. - EXPIRED
Source. #7245, eff 4-30-00; ss by #9128, INTERIM, eff
4-20-08, EXPIRES: 10-17-08; ss by #9294, eff 10-11-08; renumbered by #10081
(formerly Emp 303.10); EXPIRED: 10-11-16
Emp
304.11 Transfers of Experience and
Assignment of Rates.
(a) These rules shall govern transfers of
experience and assignment of rates pursuant to RSA 282-A:91-a.
(b) The percentage of transfer of an employer’s
trade, business, or workforce shall be calculated as the percentage that the
gross wages attributable to the transferred portion for the 4 completed
calendar quarters immediately preceding the quarter in which the transfer
occurred bears to the total gross wages of the transferor for the same period.
(c) The department shall calculate rates for
purposes of RSA 282-A:91-a,I(a)(1) as follows:
(1) The
percentage of transfer shall be applied to the experience rating balances and
payroll of the transferor effective upon the date of transfer of the portion of
the business;
(2) The amounts
resulting from the applications in Emp 304.11(c)(1) shall be subtracted from
the experience rating balances and payroll of the transferor;
(3) The department
shall recalculate the transferor’s contribution rate based on the transferor’s remaining
experience rating balances and payroll;
(4) If the
transferee was not subject to RSA 282-A prior to the transfer then the
department shall calculate the transferee’s contribution rate based on the
balances subtracted from the transferor’s experience rating balances and
payroll; and
(5) If the
transferee was subject to RSA 282-A prior to the transfer then the department
shall calculate the transferee’s contribution rate by adding the transferee’s
experience rating balances and payroll effective on the date of the transfer to
the balances subtracted from the transferor’s experience rating balances and
payroll.
(d) If the department determines pursuant to RSA
282-A:91-a,I(a)(2) and (d) that a substantial purpose of the transfer of trade,
business, or workforce was to obtain a reduced liability for contributions the
department shall calculate both the transferor’s and transferee’s contribution
rates by combining the transferor’s and transferee’s experience rating balances
effective on the date of transfer and assigning the combined rate to each
employer.
(e) The rates calculated by the department
pursuant to Emp 304.11(c) and Emp 304.11(d) shall be effective upon the date of
the transfer.
(f) Transferee employers shall be entitled to use
the wages paid by transferor employers for purposes of calculating taxable
wages only to the extent the department has transferred experience under Emp
304.11(c).
(g) The department shall consider a management
company which contracts with any employer to report the wages of managed
employees to:
(1) Have common
management and control with:
a. Such
employer; and
b. Any other
management company with which such employer contracts for the same purposes in
the future; and
(2) Be subject
to calculation of its contribution rate under Emp 304.11(c) and Emp 304.11(d).
Source. #8946, eff 7-21-07; renumbered by #10081 (formerly Emp 303.11); ss by
10973, eff 11-12-15
PART
Emp 305 NOTICES
Emp 305.01 Posting
Notices. Each employer shall post
and maintain in a conspicuous place in each of the employer's establishments
notices in such form and design as supplied by the commissioner directing
workers who are totally or partially unemployed to register and make claim for
benefits with the New Hampshire department of employment security. Each employer shall direct any worker to
contact the New Hampshire department of employment security when the worker
makes inquiry.
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90
New. #5145, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 304.01); ss by #10673, eff 9-22-14
PART
Emp 306 EMPLOYER ELECTIONS
Emp 306.01 Employer
Elections to Cover Multi-State Workers.
(a) This section
shall govern the New Hampshire department of employment security in its
administrative cooperation with other states subscribing, pursuant to RSA
282-A:169-171, to the interstate reciprocal coverage arrangement, hereinafter
referred to as "the arrangement."
(b) As used in this
section, unless the context clearly indicates otherwise:
(1) “Agency” means any officer, board, commission
or other authority charged with the administration of the unemployment
compensation law of a participating jurisdiction;
(2) “Interested agency” means the agency of an
interested jurisdiction;
(3) “Interested jurisdiction” means any
participating jurisdiction to which an election submitted under the rule is
sent for its approval;
(4) “Jurisdiction” means any state of the United
States, the District of Columbia, or, with respect to the federal government,
the coverage of any federal unemployment compensation law;
(5) “Participating jurisdiction” means a
jurisdiction whose administrative agency has subscribed to the arrangement and whose
adherence thereto has not terminated; and
(6) “Services customarily performed by an
individual in more than one jurisdiction” means work rendered in more than one
jurisdiction during a reasonable period, if the nature of the services gives reasonable
assurance that they will continue to be performed in more than one jurisdiction
or if such services are required or expected to be performed in more than one
jurisdiction under the election.
(c) Submission and
approval of coverage elections under the arrangement shall be as follows:
(1) Any employing unit may file an election on a
form supplied by the department, to cover under the law of a single
participating jurisdiction all of the services performed for him by any
individual who customarily works for him in more than one participating
jurisdiction;
(2) Such an election may be filed, with respect
to an individual, with any participating jurisdiction in which:
a. Any part of the individual's services is
performed;
b. The individual has his residence; or
c. The employing unit maintains a place of
business to which the individual's services bear a reasonable relation;
(3) The employing unit shall obtain the initial
approval or disapproval of the election by the agency of the elected
jurisdiction;
(4) If such agency approves the election, the
employing unit shall forward a copy thereof to the agency of each other
participating jurisdiction specified thereon, under whose unemployment
compensation law the individual or individuals in question might, in the
absence of such election, be covered. The
employing unit shall obtain the approval or disapproval of the election by each
such interested agency, as promptly as practicable, and shall notify the agency
of the elected jurisdiction accordingly;
(5) In case its law so requires, any such
interested agency may, before taking such action, require from the electing
employing unit evidence that the affected employees have been notified of, and
have acquiesced in the election;
(6) If the agency of the elected jurisdiction, or
the agency of any interested jurisdiction, disapproves the election, the
disapproving agency shall notify the elected jurisdiction and the electing
employing unit of its action and of its reasons therefor;
(7) Such an election shall take effect as to the
elected jurisdiction only if approved by its agency and by one or more
interested agencies;
(8) An election thus approved shall take effect,
as to any interested agency, only if it is approved by such agency; and
(9) In case any such election is approved only in
part, or is disapproved by some of such agencies, the electing employing unit
may withdraw its election within 10 days after being notified of such action.
(d) Effective period
of elections shall be as follows:
(1) An election duly approved under this rule
shall become effective at the beginning of the calendar quarter in which the
election was submitted, unless the election, as approved, specifies the
beginning of a different calendar quarter. If the electing unit requests an earlier
effective date than the beginning of the calendar quarter in which the election
is submitted, such earlier date shall be approved solely as to those interested
jurisdictions in which the employer had no liability to pay contributions for
the earlier period in question;
(2) The application of an election to any
individual under this rule shall terminate, if the agency of the elected
jurisdiction finds that the nature of the services customarily performed by the
individual for the electing unit has changed, so that they are no longer
customarily performed in more than one participating jurisdiction;
(3) Such termination shall be effective as of the
close of the calendar quarter in which notice of such finding is mailed to all
parties affected;
(4) Except as provided in sub-paragraphs (2) and
(3), each election approved hereunder shall remain in effect through the close
of the calendar year in which it is submitted, and thereafter until the close
of the calendar quarter in which the electing unit gives written notice of its
termination to all affected agencies; and
(5) Whenever an election under this rule ceases
to apply to any individual, under sub-paragraphs (2), (3) or (4), the electing
unit shall notify the affected individual accordingly.
(e) Reports and
notices by the electing unit shall be as follows:
(1) The electing unit shall promptly notify each
individual affected by its approved election and shall furnish the elected
agency a copy of such notice;
(2) Whenever an individual
covered by an election under this rule is separated from the individual's
employment, the electing unit shall again notify the individual, immediately,
as to the jurisdiction under whose unemployment compensation law the individual's
services have been covered. If at the time of termination the individual is not
located in the elected jurisdiction, the electing unit shall notify the
individual as to the procedure for filing interstate claims; and
(3) The electing unit shall
immediately report to the elected jurisdiction any change which occurs in the
conditions of employment pertinent to its election, such as cases where an
individual's services for the employer cease to be customarily performed in
more than one participating jurisdiction or where a change in the work assigned
to an individual requires the individual to perform services in a new
participating jurisdiction.
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90
New. #5146, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; renumbered by #10081
(formerly Emp 305.01); ss by #10673, eff 9-22-14
PART Emp 307 EMPLOYEE
LEASING
Emp 307.01 Scope
of the Rule.
(a) Nothing in Emp
307 shall exempt a client or an employee rendering services to a client
pursuant to an employee leasing arrangement with an employee leasing company,
from any other state, local or federal license, registration or certification
requirements.
(b) Under Emp 307,
no liability shall attach to an employee leasing company for the general debts
or obligations of a client except for the payment of contributions and filing
of reports as required in Emp 307.05 with respect to leased employees only.
(c) Nothing in Emp
307 shall be construed to require or allow the employee leasing company to file
reports or any contributions with regard to services exempt under RSA 282-A:9,
II, III or IV or for individuals who are proprietors or partners of the client.
(d) Nothing in Emp
307 shall be construed to allow companies to move employees or the wages of
employees between companies which own, or directly or indirectly control, each
other.
(e) Nothing in Emp
307 shall be construed to prevent the application of RSA 282-A:91 or RSA
282-A:93 to the acquisition or merger of companies.
Source. #5815, eff 4-22-94; ss by
INTERIM #5919, eff 11-5-94, EXPIRED: 3-5-95
New. #6142, eff 12-20-95; ss by #8002, INTERIM,
eff 12-20-03, EXPIRES: 6-17-04; ss by #8089, eff 5-27-04; renumbered by #10081 (formerly Emp 306.01), EXPIRED:
5-27-12
New. #10500, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10630, eff 6-30-14
Emp 307.02 Definitions.
(a) “Client company”
means a person who enters into an employee leasing arrangement and is assigned
employees by the employee leasing company. Client includes a “recipient” as
defined in Section 414(n) of the Internal Revenue Code of 1986.
(b) “Employee” means
an individual in employment as defined in RSA 282-A:9.
(c) “Employee
leasing company” means any person:
(1) Who is:
a. Engaged in providing the services of
employees pursuant to one or more employee leasing arrangements or any other
arrangement; or
b. Otherwise regularly
providing services of a nature customarily understood to be employer
responsibilities including, but not limited to, the provision of health
insurance plans, workers compensation or retirement or other benefit plans in
the name of an entity other than the company on site where the employees
provide services; and
(2) Who meets the requirements of RSA 277-B:9.
(d) “Employee
leasing arrangement” means an arrangement, under written contract or otherwise,
whereby:
(1) An employee leasing company assigns an
individual to perform services for a client company;
(2) The arrangement is intended to be, or is,
on-going rather than temporary in nature; and
(3) Employer responsibilities including, but not
limited to, the provision of health insurance plans, workers compensation or
retirement or other benefit plans in the name of an entity other than the
company on site where the employees provide services, are carried out by an
employee leasing company which meets the standards of RSA 277-B:9 or are shared
by the employee leasing company and the client company.
(e) “Temporary
employees” means individuals assigned through another employer either to
support or to supplement the existing work force in special situations such as
employee absences, temporary skill shortages, seasonal workloads, and special
assignments and projects with the expectation that the individual's position
will be terminated upon the completion of the task or function.
Source. #5815, eff 4-22-94; ss by
INTERIM #5919, eff 11-5-94, EXPIRED: 3-5-95
New. #6142, eff 12-20-95; ss by #8002, INTERIM,
eff 12-20-03, EXPIRES: 6-17-04; ss by #8089, eff 5-27-04; renumbered by #10081 (formerly Emp 306.02), EXPIRED:
5-27-12
New. #10500, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10630, eff 6-30-14
Emp 307.03 Common
Paymaster Arrangements.
(a) For the purposes
of Emp 307, an employee leasing arrangement shall not include common paymaster
arrangements wherein an employer shares employees with a commonly owned company
within the meaning of Section 414(b) and (c) of the Internal Revenue Code of
1986, and which does not hold itself out as an employee leasing company.
(b) A company shall
not be considered to hold itself out as an employee leasing company unless its
primary business purpose is providing leased employees to client companies
which are unrelated to it.
(c) Client
companies shall not be considered unrelated to leasing companies if:
(1) Either company is owned in whole, or in part,
by the other;
(2) The companies are owned in whole, or in part,
directly, or indirectly, by entities with one or more of the same investors,
directors, or persons with policy-making roles;
(3) One of the companies directly or indirectly
controls the other;
(4) The companies are directly or indirectly
controlled by the same entity or related entities; or
(5) There are similar financial interests,
ownership or control between or among the companies.
(d) An ownership
interest of less than 5 percent shall be disregarded in applying paragraph (c).
Source. #5815, eff 4-22-94; ss by INTERIM #5919,eff
11-5-94, EXPIRED: 3-5-95
New. #6142, eff 12-20-95; ss by #8002, INTERIM, eff
12-20-03, EXPIRES: 6-17-04; ss by #8089, eff 5-27-04; renumbered by #10081 (formerly Emp 306.03), EXPIRED:
5-27-12
New. #10500, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10630, eff 6-30-14
Emp 307.04 Notification.
(a) Employee leasing
companies shall notify the department in writing when they enter or terminate
employee leasing arrangements with any New Hampshire client not later than 10
days of such event.
(b) The notice
required by (a) above shall include for each client company:
(1) The name;
(2) Physical address;
(3) Job sites if more than one;
(4) Industry; and
(5) Primary product or service.
Source. #5815, eff 4-22-94; ss by INTERIM #5919, eff
11-5-94, EXPIRED: 3-5-95
New. #6142, eff 12-20-95; ss by #8002, INTERIM, eff
12-20-03, EXPIRES: 6-17-04; ss by #8089, eff 5-27-04; renumbered by
#10081 (formerly Emp 306.04), EXPIRED: 5-27-12
New. #10500, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10630, eff 6-30-14
Emp 307.05 Reporting
and Payment Requirements.
(a) The employee
leasing company shall file reports and pay contributions under the employee
leasing company's state account number pursuant to RSA 282-A:74 at the rate
assigned pursuant to RSA 282-A:87 and new wage base at the time of engagement.
(b) Benefits paid to
individuals shall be charged to the employee leasing company's separate account
under the provisions of RSA 282-A:74.
(c) Whenever an
employee leasing company or a client company files the notice and request for
information form required by RSA 282-A:45 and Emp 303.08, the client company's
name to which the leased employee was assigned shall be provided.
(d) In addition to
records and reports and other requirements of Emp 303, the employee leasing
company shall furnish to the department quarterly for the purposes of labor
market information:
(1) The total number of employees by month, for
the pay period that includes the 12th of the month, for each client and each
client location; and
(2) Total quarterly wages for all leased
employees by client and each client location.
(e) In addition to
the requirements of Emp 304 contributions shall be due and paid by the close of
the fourth business day following the week the wages are paid or become
payable.
(f) The requirements
of (e) above shall be deemed to have been met if:
(1) The funds are transferred within the time
limit set forth in RSA 277-B or in (e) above to a third party;
(2) The funds are held in a trust in privity of contract
with the commissioner solely for the benefit of the state; and
(3) The funds are paid over by said third party
quarterly pursuant to the provisions of Emp 304.01.
(g) Upon termination
of an employee leasing arrangement, the client company shall return to its
previous rate and account balance, if allowable under applicable law, and shall
also assume a new wage base.
Source. #5815, eff 4-22-94; ss by INTERIM #5919, eff
11-5-94, EXPIRED: 3-5-95
New. #6142, eff 12-20-95; ss by #8002, INTERIM, eff
12-20-03, EXPIRES: 6-17-04; ss by #8089, eff 5-27-04; renumbered by
#10081 (formerly Emp 306.05), EXPIRED: 5-27-12
New. #10500, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10630, eff 6-30-14
PART
Emp 308 NEW HIRE
Emp
308.01 Purpose of the Rule. The purpose of Emp 308 is to clarify the
requirements for compliance with RSA 282-A:117-a.
Source. #6585, INTERIM, eff 10-1-97, EXPIRES:
1-29-98; ss by #6660, eff 12-23-97, EXPIRED: 12-23-05; ss by #8522, INTERIM,
eff 12-23-05, EXPIRED: 6-21-06
New. #8676, eff 7-8-06, EXPIRED: 7-8-15; renumbered
by #10081 (formerly Emp 307.01)
New. #11034, eff 2-10-16
Emp
308.02 Reporting Required.
(a) Every employing unit shall report:
(1) The hiring
of an individual who has not previously been employed by the employing unit,
and who earns wages or any other form of compensation in New Hampshire;
(2) The
rehiring of an individual who previously performed services as an employee for
an employing unit, and who:
a. Has been
separated from such prior employment for at least 60 consecutive calendar days;
or
b. Was required
to complete an Employee's Withholding Allowance Certificate, (W-4), due to a
previous work separation; and
(3) The
contracting with an individual, or the recontracting
with an individual following a break in services for at least 60 consecutive
calendar days, pursuant to one or more contracts for services, other than
casual labor, when reimbursement for such services is:
a. Anticipated
to exceed $2,500; or
b. In excess of $2,500, during a calendar year,
even if not previously anticipated to exceed $2,500.
(b) Notwithstanding Emp 308.02(a)(3) above, a
contract may be reported only at the start of the contract even if there is a
break in services of at least 60 consecutive calendar days if:
(1) The
contract is in writing;
(2) The break
in services is during the term of the contract; and
(3) The break
in services is in accordance with the provisions of the contract.
(c) The report shall contain:
(1) For a hired
or rehired individual, pursuant to Emp 308.02 (a) (1) and (2), the individual's
complete name, home address, social security number, and first day of work;
(2) For an
individual with whom the employing unit has contracted, pursuant to Emp 308.02
(a) (3), the individual’s complete name, home or business address, social
security number, and first day of work; and
(3) The employing unit's name, address, federal
identification number and New Hampshire department of employment security
account number, if any.
(d) The employing unit shall file the report:
(1) Not later
than 20 days after:
a. The date of
hire; or
b. The date on
which the contracting with an individual not previously reported becomes
reportable due to remuneration exceeding $2,500 pursuant to Emp 308.02(a)(3)
b.; or
(2) In the case
of a multistate employer reporting pursuant to Emp 308.03(c) or an employer
transmitting reports magnetically or electronically: by 2 monthly transmissions
not less than 12 days nor more than 16 days apart.
(e) The employing unit shall provide the report
either on:
(1) A W-4 if reporting a hired or rehired individual;
(2) A “Request
for Taxpayer Identification Number and Certification”, commonly known as a W-9,
if reporting an individual with whom the employing unit has contracted;
(3) A "New
Hire Reporting Form” (12/1/15) prepared by the department; or
(4) A format
requested by the employing unit which the department has determined to:
a. Contain all
legally required information;
b. Have a
sequence of information which allows efficient data entry; and
c. Be clear and
legible.
(f) In addition to the information required at
Emp 308.02(c), the employing unit may also report:
(1) The
individual’s date of birth;
(2) The
individual’s work state; and
(3) Whether the individual is considered to be an
employee or independent contractor.
(g) Employing units may report contracts for
services whether or not reimbursement is anticipated to exceed $2,500.
(h) Employing units, in determining whether
they are required to report pursuant to Emp 308.02(a)(3) above, shall exclude
remuneration for items such as goods or materials if:
(1) The cost of
the goods or materials is contracted as a separate expense;
(2) The cost of
the goods or materials is not inflated over market value; and
(3)
Remuneration billed for goods or materials was not in fact for services.
Source. #6585, INTERIM, eff 10-1-97, EXPIRED:
1-29-98; ss and moved by #6660, eff 12-23-97 (from Emp 307.03), EXPIRED: 12-23-05;
ss by #8522, INTERIM, eff 12-23-05, EXPIRED: 6-21-06
New. #8676, eff 7-8-06, EXPIRED: 7-8-15;
renumbered by #10081 (formerly Emp 307.02)
New. #11034, eff 2-10-16
Emp
308.03 Multistate Employing Units.
(a) A multistate employing unit which transmits
reports magnetically or electronically may designate one of the states in which
the employing unit has employees or contracts for services as the state to
which reports will be transmitted.
(b) A multistate employing unit choosing to
designate a state pursuant to (a) above shall notify the United States Secretary
of the Department of Health and Human Services in writing as to which state is
so designated.
(c) A multistate employing unit which chooses to
designate New Hampshire pursuant to (a) above shall file reports
magnetically or electronically unless the commissioner determines that good
cause exists to allow another method of filing.
(d) For purposes of Emp 308.03(c), good cause
shall include:
(1) An
unexpected failure of the employer’s capacity to provide an electronic or
magnetic report; or
(2) An inability to report electronically or
magnetically due to a fire, flood, earthquake, or similar occurrence.
Source. #6585, INTERIM, eff 10-1-97, EXPIRED:
1-29-98; ss and moved by #6660, eff 12-23-97 (from Emp 307.04), EXPIRED: 12-23-05;
ss by #8522, INTERIM, eff 12-23-05, EXPIRED: 6-21-05
New. #8676, eff 7-8-06, EXPIRED: 7-8-15;
renumbered by #10081 (formerly Emp 307.03)
New. #11034, eff 2-10-16
Emp
308.04 Timely Reporting.
(a) Reports shall be considered timely filed if:
(1) Transmitted electronically not later than
midnight of the business day immediately following the due date;
(2) Postmarked first class mail not later than
midnight of the business day immediately following the due date;
(3) Received
within 4 business days immediately following the due date if mailed
making use of an envelope postmarked by a postage meter;
(4) Received
within 2 business days immediately following the due date if sent by private
delivery service; or
(5) Received
during business hours on or before the business day immediately following the
due date if delivered by the employing unit.
Source. #6585, INTERIM, eff 10-1-97, EXPIRED:
1-29-98; ss and moved by #6660, eff 12-23-97 (formerly Emp 307.05), EXPIRED:
12-23-05; ss by #8522, INTERIM, eff 12-23-05, EXPIRED: 6-21-06
New. #8676, eff 7-8-06, EXPIRED: 7-8-15;
renumbered by #10081 (formerly Emp 307.04)
New. #11034, eff 2-10-16
CHAPTER
Emp 400 ADMINISTRATION
PART
Emp 401 - RESERVED
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5147, eff 5-6-91; EXPIRED: 5-6-97
PART
Emp 402 PAYMENTS
Emp 402.01 Form,
Dishonored and Application.
(a) Contributions
and other debts due the department shall be due and paid in the currency of the
United States, by United States Postal money order, or by check drawn on a bank
located in the United States. Any cost
of exchange or clearance of any check used for the payment of contributions
shall be charged against the employer's account and collected from such
employer.
(b) Pursuant to RSA
6:11-a, for every check, draft, or money order tendered to the
department of employment security for any purpose which is returned as
uncollectible, there shall be added, in addition to all protest, bank fees,
or other charges, a fee of $25 or 5 percent of the face amount of the check,
whichever is the greater.
(c) Fees and charges
shall be waived if the commissioner finds that the fees and charges:
(1) Would result in hardship if collected;
(2) Remain due on an account on which the
principal balance has been paid and collection would not be cost effective; or
(3) Should be waived for other reasons where
collection of fees and charges would be inequitable or inefficient.
(d) All payments
received on an outstanding debt for "contribution" as defined in RSA
282-A:152, or credits due the debtors, shall be credited to that portion of the
debt which has been outstanding for the longest time including interest, fees,
cost,
and other charges added thereto by law.
(e) All payments
received on an outstanding benefit overpayment and related fees, fines,
and court costs shall be applied in the following order:
(1) Reimbursable employers not previously
credited, in order of earliest collection expiration date, until all
reimbursable employers are satisfied;
(2) The unemployment
compensation fund established by RSA 282-A:103, in order of earliest
collection expiration date, until all such amounts are satisfied;
(3) Federal benefit fund overpayments, in order
of earliest collection expiration date, until all such amounts are satisfied;
(4) Interest owing on the overpayment pursuant to
RSA 282-A:141 and RSA 282-A:165,II; and
(5) Any fees, fines, and court costs.
Source. #2234, eff 1-1-83; amd
by #2444, eff 8-10-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90
New. #5148, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #9528, eff 8-17-09;
ss by #12480, INTERIM, eff 2-16-18, EXPIRES: 8-15-18; ss by #12588, eff 7-23-18
Emp 402.02 Interest
on Overpayments.
(a) Interest shall
accrue on overpaid unemployment compensation benefits as provided in RSA
282-A:165, II, and RSA 282-A:141.
(b) No interest
shall be due on overpayments which are paid in full within 60 days from the
date of mailing of the final decision creating the overpayment.
(c) On new
overpayments, accrued interest shall be
due beginning 61 days from the date of mailing of the final decision creating
the overpayment, retroactive to such mailing date.
(d) Interest shall
accrue on the first Friday of each month.
(e) Unless otherwise
previously ordered pursuant to RSA 282-A:29,
waived under federal or state law, or contrary to bankruptcy law
or court order, interest shall accrue on overpaid unemployment compensation
benefits until such overpaid benefits are fully repaid.
(f) Following full
repayment of overpaid unemployment compensation benefits, if the accrued
interest is $50 or less the
department shall determine whether all or part of the accrued interest should
be compromised pursuant to RSA 282-A:29,II depending on whether the debtor
substantially complied with the department's collection efforts.
(g) In determining
whether the debtor substantially complied with the department's collection
efforts the department shall consider whether the debtor:
(1) Paid the overpayment as promptly as the
debtor was financially able;
(2) Agreed to a payment schedule and amount
consistent with the debtor's ability to pay;
(3) Made payments substantially in compliance
with any payment schedule or court order;
(4) Contacted the department if any payments were
going to be late or less than the agreed amount;
(5) Provided any financial
affidavit or other financial information which was needed by the department to
determine the debtor's ability to pay;
(6) Kept the department informed of the debtor's
telephone numbers, sources of income, physical addresses and mailing addresses;
(7) Promptly responded to communications from the
department;
(8) Assured that checks were not returned due to
insufficient funds;
(9) Cooperated so that it was not necessary to
take legal action; and
(10) Acted in any other way which positively
demonstrated the debtor's willingness to substantially comply with the
department's collection efforts.
Source. #4163, eff 11-5-86; ss by #5148, eff 5-6-91;
ss by #6504, INTERIM, eff 5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED:
9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #9528, eff 8-17-09;
ss by #10409, eff 9-11-13
Emp 402.03 Contributions
Due and Payable.
(a) Except as
provided in Emp 402.03(b), contributions of every employer on wages paid during
a calendar quarter shall be due and paid to the department of employment
security on or before the last day of the month following the calendar quarter
during which said wages are paid.
(b) The department of employment security shall make demand
for payment of reimbursement contributions at least quarterly during the
calendar year. Reimbursing employers
shall make payment of reimbursement contributions on the last day of the month
following the month in which demand for payment is made. A reimbursing employer who elects to change
the employer’s method of contributions will continue to be liable for
reimbursement of all benefits paid which are based on wages paid by the
employer prior to the effective date of such election. The “separate account” of such employer shall
not be charged with such benefits.
Source. #4521, eff 10-31-88; ss by #5148, eff 5-6-91;
ss by #6504, INTERIM, eff 5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97,
EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #10409, eff 9-11-13;
ss by #10673, eff 9-22-14
PART
Emp 403 SETTLEMENT OF CONFORMITY ISSUES
Emp 403.01 Coverage
of Government Units and “Non-Profit” Organizations.
(a) For the purposes
of RSA 282-A:8, II an “employing unit subject for either the current or
preceding calendar year to the tax levied by the Federal Unemployment Tax Act
as amended” shall include an employing unit which has in its employ individuals
performing services that are required by 26 U.S.C. 3304(a)(6)(A) to be covered
by RSA 282-A as a condition for certification of this state’s law by the
secretary of labor. Benefits on the
basis of such services shall be payable in the same amount, on the same terms,
and subject to the same conditions as benefits are payable on the basis of
other service subject to the state's law.
(b) With respect to
services described in 26 U.S.C. 3306(c)(7) in the employ of the state, any
political subdivision thereof, any governmental instrumentality, or in the
employ of an Indian tribe and with respect to services described in 26 U.S.C.
3306(c)(8) in the employ of a non-profit organization which is a religious,
charitable, educational or other organization, the exclusions from the
definition of “employment” contained in RSA 282-A:9, IV(a) to (x) shall apply
only to the extent that such exclusions are consistent with and no broader than
the exceptions to the definition of “employment” contained in 26 U.S.C.
3306(c)(1) through (6) and (9) through (21). To the extent that the enumerated
exclusions of RSA 282-A:9, IV are inconsistent with the enumerated exceptions
of 26 U.S.C. 3306 and are broader in scope than the
enumerated exceptions of 26 U.S.C. 3306(c), they shall be construed so as to
conform to the 26 U.S.C. 3306(c) exceptions.
(c) The exclusion
from the definition of “wages” contained in RSA 282-A:15, II(a) shall not apply
with respect to services described in Emp 403.01(a).
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5149, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #10673, eff 9-22-14
Emp 403.02 - RESERVED
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84;
moved by #4521, eff 10-31-88 (see Emp 402.03)
Emp 403.03 Restricting
the Effect of RSA 282-A:16 to Professional Athletes. The provisions of RSA 282-A:16 relative to
the denial of annual earnings for services in training for, preparation for,
and participation in athletic or sports events shall apply to athletes only.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5149, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-05
New. #8625, eff 5-6-06; ss by #10673, eff 9-22-14
Emp 403.04 Defining
the "Between Times" Denial of Compensation. - REPEALED
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84;
rpld by #4522, eff 10-31-88
Emp 403.05 Exemption
Not to Apply. - REPEALED
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84;
rpld by #4523, eff 10-31-88
Emp 403.06 Successive
Benefit Year Earnings Requirement.
An individual who has established a benefit year pursuant to RSA 282-A:4
shall not be eligible to receive benefits in the individual's next benefit year
unless:
(a) The individual has earned at least $700
of wages during or subsequent to the established benefit year; and
(b) The wages were
earned:
(1) In employment as defined in RSA 282-A:9;
(2) For services in a state other than New
Hampshire which if such services had been performed in New Hampshire would have
been employment as defined in RSA 282-A:9; or
(3) For services as described at RSA 282-A:9,
IV(f) even though otherwise excluded from employment in RSA 282-A:9.
Source. #7664, INTERIM, eff 3-31-02, EXPIRES:
9-27-02; ss by #7764, eff 9-27-02, ss by #9785, INTERIM, eff 9-18-10, EXPIRED: 3-17-11
New. #10499, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10587, eff 5-13-14
PART Emp 404
JOB TRAINING PROGRAM
Emp 404.01 Purpose. The job training program (JTP) is established to enhance public-private partnerships to recruit, train, and
re-employ workers in order to meet New Hampshire's skills gap and worker
shortage, by efficiently and timely assisting New Hampshire businesses and
residents looking for work,
including those in recovery.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08; ss by #9092, eff 2-23-08, EXPIRED:
2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp
404.02 Scope. These rules shall apply to any entity for
which assistance from the JTP is requested under WorkInvestNH
and to any individual for which assistance from the JTP is requested under WorkNowNH.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08; ss by #9092, eff 2-23-08, EXPIRED:
2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp
404.03 Definitions.
(a) “Beneficiary” means an individual determined
eligible and currently receiving:
(1) Medicaid;
(2) Temporary assistance to needy families (TANF); and
(3) Supplemental nutrition assistance (SNAP).
(b) “Department” means the New Hampshire
department of employment security.
(c) “Entity” means for - profit businesses which
pay contributions per RSA 282-A:69, I or governmental and non-profit
organizations, who are described in section 501(c)(3) and exempt under section
501(a) of the internal revenue code, who have elected to pay contributions
pursuant to RSA 282-A:69, II.
(d) “Granite advantage health care program
(granite advantage)” means the granite advantage health care program
established under RSA 126-AA or any successor law.
(e) “Grant recipient under WorkInvestNH”
means the entity that receives funds from the department to reimburse it for
training provided under Emp 404.
(f) “Grant recipient under WorkNowNH”
means a participant who is eligible to receive funds from the department for
technical education, training, and related supports.
(g) “Individualized employment plan” means the
long term career plan created by the department and the participant in WorkNowNH.
(h) “NH
Medicaid Program” means the Title XIX and Title XXI programs administered by
the department, under RSA 167:3-i, RSA 167:4, RSA 167:5, RSA 167:6, I, RSA
167:6, IV, RSA 167:6,VI, RSA 167:6, IX, and RSA 167:68 or any successor law.
(i) “On-the-job
training (OJT)” means a hands-on method of teaching the skills, knowledge, and
competencies needed for employees to perform a specific job within the
workplace. Employees learn in an
environment where they will need to practice the knowledge and skills obtained
during their training.
(j) “Participant” means a beneficiary enrolled in
granite advantage, traditional Medicaid, TANF or SNAP and receiving WorkNowNH services under this part.
(k) “Program year” means the 12 month period of
time that a WorkNowNH participant is enrolled in the
program starting from their enrollment date.
(l) “Supplemental nutrition assistance program
(SNAP)” means the supplemental nutrition assistance program as described in RSA
161 and RSA 167.
(m) “Temporary assistance to needy families
(TANF)” means the temporary assistance to needy families programs as described
in RSA 161 and RSA 167.
(n) “WorkInvestNH” means
the public-private partnership whereby NH provides grants to eligible entities
in order to train their workers.
(o) “WorkNowNH” means a
program whereby NH provides enhanced support services including child care, transportation,
and tuition assistance to eligible participants who are determined in need of
those services to successfully compete for employment opportunities.
(p) “WorkNowNH
representative” means the department or an employee of the department.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08; ss by #9092, eff 2-23-08, EXPIRED:
2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20; ss by #13348, eff 3-3-22
Emp
404.04 Eligibility Requirements.
(a) Entities that may receive funds from WorkInvestNH
shall be:
(1) Physically
located or intending to be physically located in New Hampshire and whose employees
are residents of New Hampshire or work at a business located or intending to
be located in New Hampshire; and
(2) In compliance with
state laws and rules.
(b) Intent by an entity to locate within the
state shall be established by evidence of the following:
(1) Proof of
substantial investment or a binding contractual obligation consistent with such
intent; and
(2) The lease or purchase of real estate
or equipment within the state necessary for the planned move.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08 (from Emp 404.05); ss by #9092, eff
2-23-08, EXPIRED: 2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.05 Non-Eligible. No grant from WorkInvestNH
shall be awarded to:
(a) The state, including the state university
system;
(b) Any county, city, town, or other political
subdivision which has not currently elected to pay contributions pursuant to
RSA 282-A:71, II; or
(c) Any organization or group of organizations
described in section 501(c)(3) and exempt under section 501(a) of the
Internal Revenue Code, which has not currently elected to pay contributions
pursuant to RSA 282-A:69, II.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08 (from Emp 404.06); ss by #9092, eff
2-23-08, EXPIRED: 2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.06 Entity Match Requirement. The entity submitting an application
for WorkInvestNH grant awards shall show that a
minimum of 50% matching funds shall be paid by the entity towards the
training.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08 (from Emp 404.07); ss by #9092, eff
2-23-08, EXPIRED: 2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.07 Non-Acceptable Use of Grant Funds. WorkInvestNH grant
funds shall not be used for:
(a) Salaries, wages, bonuses, and/or benefits of
employees in training;
(b) Administrative or entertainment expenses;
(c) Costs resulting from violation of or failure
to comply with federal, state, or local laws and regulations; and
(d) Costs or portions of costs resulting from
training programs completed or started prior to the date of grant approval.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08 (from Emp 404.08); ss by #9092, eff
2-23-08, EXPIRED: 2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp
404.08 Acceptable Use of Grant Funds. WorkInvestNH grant
funds shall be used for training programs including:
(a) Structured, on-site laboratory or classroom
training;
(b) Basic skills;
(c) Technical skills;
(d) Quality improvement;
(e) Safety;
(f) Management and supervision;
(g) English as a second language; and
(h) Other training programs that enhance the
state’s workforce development.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08 (from Emp 404.09); ss by #9092, eff
2-23-08, EXPIRED: 2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.09 Starting
and Completion Dates.
(a)
WorkInvestNH training shall begin within 3
months of the date of grant approval;
(b)
The WorkInvestNH training starting date as
specified on the application shall not be prior to the date of approval by the
commissioner and approval of the contract.
(c)
The WorkInvestNH training completion date
shall be no more than 12 months from the date of grant approval.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08 (from Emp 404.10); ss by #9092, eff
2-23-08, EXPIRED: 2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp
404.10 Incomplete Applications.
(a) Applications submitted shall be reviewed by
the department for completeness.
(b) If the department determines that the
application is incomplete in any respect, the department shall notify the
entity of the specific deficiencies and allow the entity to amend the
application.
(c) Only complete applications shall be reviewed
by the commissioner or designee.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08 (from Emp 404.11); ss by #9092, eff
2-23-08, EXPIRED: 2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.11 WorkInvestNH
Grant Application Confidentiality. All information submitted in connection
with a grant application that is accepted shall be subject to disclosure except
that business financial information and proprietary information such as trade
secrets, business and financial models, and forecasts and proprietary formulas
may be exempt from public disclosure to the extent authorized by RSA
91-A:5, IV. Any grant applicant seeking
to maintain the confidentiality of information shall mark information
“confidential” and be responsible for seeking its protection.
Source. #7765, eff 9-27-02; ss by
#8989, eff 9-22-07, EXPIRES: 3-20-08); ss by #9092, eff 2-23-08, EXPIRED:
2-23-16
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.12 WorkInvestNH Grant Limitations.
(a) The minimum grant amount shall be $750 per
application.
(b) Any single grant or multiple grants to any single
employer in any grant year exceeding $70,000 shall first be approved by
governor and council.
(c) An entity may apply for more than one grant
each fiscal year.
(d) No new application shall be approved until
previous grants have been completed.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.13 WorkInvestNH
Training Evaluation
Report. No application for any WorkInvestNH grant shall be considered from any entity that
has not submitted a training evaluation report as required by Emp 404.23 for
any previously funded training grant.
Source. #12960,
INTERIM, eff 12-26-19, EXPIRED: 6-23-20
New. #13074, eff 7-22-20
Emp
404.14 WorkInvestNH
Grant Application. The entity applying for WorkInvestNH
grant funds shall complete and submit the WorkInvestNH
grant application form (NHES 0354 R-11/21).
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20; ss by #13348, eff 3-3-22
Emp 404.15 Submittal. Applications shall be submitted by:
(a)
E-mail at jobtrainingfund@nhes.nh.gov;
(b)
Fax at 603-223-2047; or
(c)
Regular mail or hand delivery to:
NH Employment
Security
45 South Fruit
Street
Concord, NH 03301-4857
Attn:
Operations/JTF
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.16 Acknowledgment of Application and Application
Review.
(a) Following receipt of a WorkInvestNH
grant application, the department shall provide written notice of
acknowledgment to the entity who has submitted the application.
(b) The commissioner or designee shall review the
application in accordance with the purpose of the program established in RSA 282-A:181.
(c) An application shall be considered for
funding upon satisfaction of the following:
(1) The entity
has met the requirements necessary for eligibility pursuant to Emp 404.04;
(2) It is
consistent with the purpose of the program as provided by RSA 282-A:181;
(3) The entity is in
compliance with applicable federal and state laws, rules, and regulations
including, but not limited to, laws and rules of the department, the NH department of labor, the NH department of revenue
administration, and the NH secretary of state; and
(4) Sufficient
funding is available.
(d) The commissioner
shall make a determination regarding grant funding based on the following
criteria:
(1) Whether the
training program will train employees to implement new skills and/or
technologies that will benefit them, the entity, and the state;
(2) Whether the
training will contribute to the economic development of New Hampshire;
(3) The nature of certifications, credentials, or
credit to be earned by the employees;
(4)
Whether the training will create opportunities for advancement for the
employees involved; and
(5) The cost of training per employee and
whether it is reasonably related to the level of benefit to the employee, the
entity, and the state.
(e) Each criterion shall be
evaluated based on the following scale:
(1) Where no
information is provided a score of 0 points shall be awarded;
(2) Where information is
partially responsive to the application questions a score of 1 point shall be awarded;
(3) Answers which minimally meet priorities in light of the purpose of
RSA 282-A:181 and the Job Training Program shall receive a score of 2 points;
(4) Answers which meet priorities in
light of the purpose of RSA 282-A:181 and the Job Training Program shall
receive a score of 3 points;
(5) Answers
which exceed priorities in light of the purpose of RSA
282-A:181 and the Job Training Program shall receive a score of 4 points;
(6) Answers
which exceed priorities in light of the purpose of RSA
282-A:181 and the Job Training Program and which contain innovative or other features which add value to
the Job Training Program shall receive a score of 5 points;
(f)
An application shall receive a minimum score of 15 points to be
approved.
(g) Failure of an application to receive a
minimum score of 15 points shall result in denial of an application.
(h) If further clarification is necessary after the entity has
submitted all required documentation, the department shall request that the
entity make a presentation of their application.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.17 Notification.
(a) If the commissioner approves an application,
the department shall notify the applicant within 7 business days of the
application having been approved.
(b) If the commissioner does not approve an
application, the department shall notify the applicant in writing of the
specific reason(s) for the commissioner's denial.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.18 Training Fund Contract. In order to obtain the benefit of the grant,
applicants shall enter into a fully executed contract with the department.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp
404.19 Reimbursement of Funds.
(a) Grant recipients under WorkInvestNH
shall request reimbursement of training funds by completing and submitting the
“WorkInvestNH TRAINING REIMBURSEMENT REQUEST” (NHES
0703 R-11/21) form.
(b) The WorkInvestNH grant recipient shall submit the “WorkInvestNH TRAINING REIMBURSEMENT REQUEST” (NHES 0703
R-11/21) form and all attachments by:
(1) E-mail at
jobtrainingfund@nhes.nh.gov;
(2) Fax at
603-223-2047; or
(3) Regular
mail or hand delivery to:
NH Employment Security
45 South Fruit Street
Concord, NH 03301-4857
Attn: Operations/JTF
(c) Expenses incurred to secure training prior to
the effective date of the grant approval shall be eligible for reimbursement.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20; ss by #13348, eff 3-3-22
Emp 404.20 Time Limit for Reimbursement. All requests for reimbursement shall be
submitted within 30 business days of the completion date of the training.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.21 Grant Funds Used or Not Used. A WorkInvestNH
grant recipient shall report to the department promptly upon determining that any
portions of the dollars allocated for their grant will not be used.
New. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp
404.22 Failure to Comply. Failure to comply with the rules governing
reimbursement of funds shall result in non-reimbursement until compliance is
achieved.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.23 Training
Evaluation Report.
(a)
WorkInvestNH grant recipients shall evaluate training programs funded by the JTP by
completing a training evaluation report survey as follows:
(1) Providing the job
training contract number;
(2) Providing the entity’s
name, location and type of industry;
(3) Providing the name of
the person completing the evaluation;
(4) Providing the amount of
the job training grant;
(5) Providing the name of
the training provider (s);
(6) Providing the name of
the training course (s):
(7) Providing the amount of
the entity’s original share spent by the conclusion of the training;
(8) Providing the number of
unique individuals trained during the grant period;
(9) Providing the number of
workers from each level of the entity including executive, managerial or
laborer;
(10) Describing the impact
of the training on the workers’ skills;
(11) Providing the cost of
training per worker trained;
(12) Providing the number
of trainees retained in employment as a direct result of the training;
(13) Providing the number
of jobs created as a direct result of the training;
(14) Rating the overall
quality of the training and providing positive or negative feedback;
(15) Answering whether the
training met the entity’s needs and expectations;
(16) Answering whether the
training was customized or revised to meet the entity’s needs; and
(17) Describing the nature
of certifications, credentials or credit which the workers earned as a result
of the training.
(b) The training evaluation report survey shall be submitted at
https://www.surveymonkey .com/r/NHES-JTF; and
(c) Along with submission of the final invoice,
the WorkInvestNH grant recipient shall ensure that
the training grant evaluation report is completed and properly reported to the
department. Payment of the final invoice
shall be conditioned upon receipt of the evaluation report.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.24 Program
Information. The public may
obtain information regarding WorkInvestNH by
contacting the department.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.25 Participant Eligibility.
(a) To be eligible to receive WorkNowNH services,
a beneficiary shall be:
(1)
Enrolled in the granite advantage health care program established under
RSA 126-AA or any successor law;
(2)
Enrolled in the NH Medicaid Program;
(3)
Enrolled in the TANF program; or
(4) Enrolled in the SNAP program.
(b) Eligibility to receive WorkNowNH
services based upon the beneficiary being enrolled in either the TANF program or the SNAP program shall terminate twelve (12) months after the
2022 effective date of the rule.
(c) The minimum age requirement to participate in WorkNowNH shall be 18 years old or over.
(d) A participant whose earned income increases
and causes the household income to exceed the eligibility limits contained in
programs described above in Emp 404.25(a) shall continue to receive WorkNowNH for a period of 12 months.
(e) Participants in OJT employment shall continue to be
eligible for unused tuition assistance under Emp 404.27(a)(1) and unused
financial support under Emp 404.28(b)(2) during their program year.
(f) Participants in OJT employment
shall be terminated from receiving WorkNowNH services
6 months following the end of the OJT.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20; ss by #13348, eff 3-3-22
Emp 404.26 Initial
Assessment.
(a) A participant shall undergo an initial interview when the participant
volunteers in WorkNowNH. The interview shall include an assessment of
job skills, experience, and vocational interests using the occupational information network (O*NET) interest
profiler or another assessment tool that measures vocational interests, job
skills, experience, aptitude, and educational needs.
(b)
The department shall use job skills
related assessment information compiled under (a) above to create the
participant’s individualized employment plan.
(c)
The department shall also perform
barrier to employment assessments regarding the participant and shall make
referrals to community agencies to provide services to mitigate such barriers
to employment.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.27 Employment Support
Services. The department shall offer
the following activities and services to participants:
(a) Case management, vocational assessment,
career planning, and job readiness services including referral for employment support services
and direct job placement consistent with a participant’s individualized
employment plan, as follows:
(1)
Tuition
assistance shall be provided for allowable education and training activities as
follows:
a. Payment shall be
made to the education provider, training provider, or equipment
vendor, if applicable, up to $6500 per participant in a program year. The lifetime maximum payment per participant
for training shall be $13,000;
b. Payment shall be
approved only upon submission of the following information by the participant:
1. Name
of the institution or business providing the training;
2. Verification of
the courses the participant is taking;
3. Verification of
the cost of any necessary tuition or equipment; and
4. Invoice from the
education provider, training provider and or equipment provider;
c. The
department shall review the submitted invoice(s) as required in (a)(1)b., above
to confirm that they are consistent with the participant’s individualized
employment plan and the assessment results; and
d. Once
an invoice is submitted for payment the participant shall not change or drop
classes unless he or she submits a letter to the department explaining why he
or she needs to change or drop classes;
(2) Financial support shall be provided for books,
fees, and supplies, subject to the following limitations:
a. No
more than $500 per participant in a program year with a lifetime maximum
payment of $1000 per participant;
b. Payment
shall be approved to the education or training provider only upon submission of
the following information:
1. Name of the
education or training provider;
2. Verification of
the courses the participant is taking;
3. Verification of
the cost of any necessary books, fees, and supplies; and
4. Invoice from the
education or training provider;
c. If
a participant purchases their own books, fees, and supplies then
reimbursement shall be approved only upon submission of the
following information:
1. Name
of the education or training provider;
2. Verification of
the courses the participant is taking;
3. Verification of
the cost of any necessary books, fees, and supplies; and
4. Presentation of
itemized receipts; and
d. The
department shall review the submitted invoices and receipts to confirm that
they are consistent with the participant’s individualized employment plan and the
assessment results;
(3)
Direct payment
or reimbursement for child care registration fees shall be paid subject to the
following limitations:
a. No
more than $100 per child in a program year. The lifetime maximum payment per participant
for child care registration shall be $200 per child;
b. Only
be made for registration fees and shall not include other fees associated with
the pre-payment of child care services or the holding or securing of child care
slots;
c. Participants
shall:
1. Provide
verification or an invoice from the child care provider indicating the child’s
name and the required child care registration fees due; or
2. Provide
receipt (s) indicating the child’s name and the amount paid to the child care provider for the
child care registration fee (s); and
d. The
department shall review the submitted invoice(s), receipts, or both, to confirm
that they are consistent with the participant’s individualized
employment plan and the assessment results;
(4) Transportation assistance for eligible
participants shall be provided for transportation to and from approved
activities subject to the following:
a. Transportation
assistance shall not exceed $160 per month with a lifetime maximum payment
amount per participant of $1,280;
b. Participants shall not receive
transportation assistance for more than 3 months during a program year unless:
1.
The participant is in approved training under WorkNowNH
in which case they shall receive transportation for one additional
month during the applicable program year; or
2. The
participant is enrolled in approved WorkNowNH training
during a second consecutive year in which case they shall receive 4
additional months of transportation assistance;
c. Participants
shall provide the following information to the department for transportation
assistance:
1. Mileage
to and from the approved WorkNowNH activity; or
2. Verification of the actual cost of transportation to
and from the approved WorkNowNH activity and
d. Transportation
assistance shall be paid as follows:
1. Participants who
are identified as having a transportation barrier shall be provided with a one-time
bus pass by the department to the extent such transportation service is available;
2. Participants
shall be reimbursed for the actual cost of transportation to and from the
approved WorkNowNH activity for the number of miles
traveled multiplied by $0.30; and
3. Participants
shall be reimbursed for rides verified by receipt and purchased from a
registered common carrier such as:
(i) A registered transportation network company, taxi, or
bus; or
(ii) A public for hire transportation
agency under contract with the New Hampshire department of transportation or the
United States Department of Transportation; and
(5) The department shall refer WorkNowNH participants to education and training providers including:
a. The New Hampshire
community college system for training and apprenticeship opportunities;
b. The department of business and economic
affairs for available training funds and support services;
c. The department of education for education and
employment programs for youth.
d. The department of education for adult basic
education, high school equivalency diploma program and English as a
second language;
e. Driver’s education providers; and
f. Other available post-secondary educational
programs, training programs, and apprenticeship programs.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20; ss by #13348, eff 3-3-22
Emp 404.28 On-the-job Training.
(a) The
department shall make referrals to participants for OJT opportunities with
employers who are deemed to be in high need areas.
(b) The
department shall reimburse employers for training provided to participants in
an OJT as follows:
(1) Employers who hire and
retain participants shall receive an OJT payment for the specified training
period, not to exceed 6 months;
(2) Each OJT payment shall
equal 50 percent of the documented and confirmed gross wage paid by the
employer to the participant for the training period up to a maximum of $5,000;
(3) Employers shall invoice the department
monthly with the final invoice received within 30 days after completion of the OJT;
(4) The department shall pay the OJT payment within 30
days of receipt of the correct invoice and a completed evaluation.
No payment shall be processed until the completed evaluation is received; and
(5) The
department shall review the submitted invoice(s) and evaluations to confirm
that they are consistent with the participant’s individualized employment plan
and the assessment results.
Source. #12960, INTERIM, eff 12-26-19, EXPIRED:
6-23-20
New. #13074, eff 7-22-20
Emp 404.29 Termination from WorkNowNH. In the event of a determination of fraud
committed by a party in the program,
funding and services shall be terminated and such party shall be ineligible for
future participation and subject to either prosecution pursuant to RSA
282-A:161 or required to make restitution pursuant to RSA 282-A:164.
Source. #13074, eff 7-22-20 (formerly Emp 404.28)
PART Emp 405 ELECTRONIC COMMUNICATION
Emp 405.01 Claimant
Correspondence.
(a) Claimants may
elect to receive correspondence concerning their claims either by:
(1) United States mail; or
(2) By an e-mail advising that correspondence is
available for viewing on the department's secure web site.
(b) A claimant who
wishes to elect to receive an e-mail advising him or her when correspondence
has been posted on the department's secure web site shall make such election on
his or her online homepage by choosing the prompt "Personal
Information" and indicating his or her:
(1) Preference to receive e-mail notice of posted
correspondence; and
(2) The e-mail address to which they wish the
e-mails sent.
(c) A claimant who
has not elected to receive an e-mail advising him or her when correspondence has
been posted concerning his or her claim shall receive such
correspondence by mail.
(d) The department
shall also send notice by mail to a claimant who has elected to receive notice
by e-mail if the commissioner finds such additional notice is necessary to
assure receipt.
(e) A claimant with
a login name and password may access his or her correspondence by choosing the
prompt “View Correspondence In-Box” on his or her homepage without having
elected e-mail notice of correspondence pursuant to this section.
Source. #9528, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; ss by #12588, eff 7-23-18
Emp 405.02 Claimant
Access to Electronic Correspondence.
(a) An individual
claiming benefits for the first time online shall register with the New
Hampshire Unemployment Insurance System (NHUIS) by going to the New Hampshire
employment security homepage at www.nhes.nh.gov and choosing the prompt “File
a Claim for Benefits” in order to access
the login page at https://nhuis.nh.gov/claimant/login.
(b)
At the login page, the claimant shall:
(1) Select a filing location from a drop down
menu at the prompt “Location”; and
(2) Choose the prompt, “Register to Create a New
Account” to access the registration screen at https://nhuis.nh.gov/claimant/loginRegPersonalInfo;
(3) Complete and submit the “Claimant
Registration” form (CRF-07-18); and
(4) Create a login name and password as
indicated.
(c) Upon creating
a login name and password, a claimant may manage his or her online account,
including correspondence, by accessing https://nhuis.nh.gov/claimant/login either directly or
through the New Hampshire employment security homepage and logging in
to
his or her account by entering the login name and password where indicated.
(d) A claimant with
a login name and password may access his or her correspondence by choosing the
prompt “View Correspondence In-Box” on his or her homepage without having
elected e-mail notice of correspondence pursuant to Emp 405.01.
Source. #9528, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; ss by #12588, eff 7-23-18
Emp 405.03 Employer
Benefit Correspondence.
Source. #9528, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; rpld by #12588, eff
7-23-18
Emp 405.04 Employer
Access to Electronic Correspondence.
(a) An employer or
TPA who wishes to access employer or TPA account information for the first time
online shall register with the New Hampshire Unemployment Insurance System
(NHUIS) by going to the New Hampshire employment security homepage at www.nhes.nh.gov and choosing the prompt “Register as a
New Employer,” in order to access the employer registration
page.
(b)
At the employer registration page, an employer or TPA shall proceed as
follows:
(1) Employers shall choose the prompt “Register
to create an employer account”;
(2) TPA’s shall choose the prompt “Register to create
a TPA account.”
(c)
The employer or TPA shall then review all information under the heading
“Welcome to New Hampshire’s Unemployment Insurance (UI) New Employment
Registration.”
(d)
The employer or TPA shall then indicate agreement with the following
statements:
“Internet Filing
Agreement:
Under RSA 294-E, BY
clicking ‘I Agree’ below, you affirm the following:
A.) I Agree to conduct transactions by electronic
means with the State of New Hampshire.
B.) I Agree that the laws of the State of New
Hampshire apply to all electronic transactions and that a record or signature
may not be denied legal effect or enforceability solely because it is in
electronic form.
C.) I Declare under the penalty of perjury that
all information I have provided on this form is true correct and complete. I acknowledge that false statements on this
form are punishable pursuant to RSA 282-A:166,
I Agree.”
(e)
The employer or TPA shall complete and submit the “Employer
Registration” form (ERF-07-18) and create a user name and password as
indicated.
(f) Upon creating a user
name and password, an employer or TPA may manage employer
online accounts and correspondence, by accessing the employer’s or TPA’s homepage either
directly or through the New Hampshire employment security homepage and logging into the employer’s or
TPA’s
account by entering the password as indicated and then choosing
appropriate prompts to conduct business with the department.
Source. #9528, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; ss by #12588, eff 7-23-18
Emp 405.05 Representative
Benefit Correspondence.
Source. #9528, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; rpld by #12588, eff
7-23-18
Emp 405.06 Representative
Access to Electronic Correspondence.
Source. #9528, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; rpld by #12588, eff
7-23-18
PART Emp 406 COORDINATION
OF EMERGENCY UNEMPLOYMENT COMPENSATION WITH REGULAR COMPENSATION
Emp 406.01 Purpose. The purpose of this part is to clarify the
requirements for compliance with section 3 of the Unemployment Compensation Extension Act of
2010, H.R. 4213 effective July 22, 2010.
Source. #9761, EMERGENCY RULE, eff 7-26-10, EXPIRED:
1-24-11
Emp
406.02 Eligible Claimant. For purposes of this part, "eligible
claimant" means an individual for which all of the
following criteria are met:
(a) The individual has been determined to be entitled to emergency
unemployment compensation with respect to a benefit year;
(b) That benefit year has expired on July 24,
2010 or thereafter;
(c) The individual has remaining entitlement to
emergency unemployment compensation with respect to that benefit year; and
(d) The individual would qualify for a new
benefit year in which the weekly benefit amount of regular compensation is at least either $100 less or 25
percent less than the individual's weekly benefit amount in the benefit year
referred to in paragraph (a).
Source. #9761, EMERGENCY RULE, eff 7-26-10, EXPIRED:
1-24-11
Emp
406.03 Claim For Benefits. A
claim for a week of benefits by an "eligible claimant" shall be
deemed to be a claim for emergency unemployment compensation, not regular
compensation, until the exhaustion of all emergency
unemployment compensation payable with respect to the benefit year referred to
in Emp 406.02(a).
Source. #9761, EMERGENCY RULE, eff 7-26-10, EXPIRED:
1-24-11
PART Emp 407
COORDINATION OF EMERGENCY UNEMPLOYMENT COMPENSATION AND THE
STATE-FEDERAL EXTENDED BENEFITS PROGRAM
Emp 407.01 Purpose. The purpose of this part is to allow eligible
claimants to receive the maximum amount of unemployment compensation benefits
to which they are entitled under the Unemployment Compensation Extension Act of
2010, H.R. 4213 effective July 22, 2010, and RSA 282-A:30, I.(d)(3)(C).
Source. #9764 EMERGENCY RULE, eff 7-30-10, EXPIRED:
1-26-11
Emp 407.02 Benefits
Available. RSA 282-A:30,
I.(d)(3)(C)’s prohibition of the application of New Hampshire’s “on” indicator
for the state-federal extended benefit program when benefits are available
under any federal unemployment program need not be applied at any time for
which 100% federal funding is available to reimburse benefits paid under the
state-federal extended benefit program.
Source. #9764 EMERGENCY RULE, eff 7-30-10, EXPIRED:
1-26-11
PART Emp 408 ADJUSTMENT OF OVERPAID BENEFIT ACCOUNTS BY
COMPROMISE
Emp 408.01 Compromise. Compromise of an overpaid benefit account,
which may not be fully waived under RSA 282-A:29, II, shall be considered
under RSA 282-A:29, I.
Source. #10423, eff 9-27-13
Emp 408.02 Recommendation
of Compromise. In response to a
request to compromise an overpaid benefit account pursuant to RSA 282-A:29, I,
the department shall recommend the total or partial compromise of any overpaid
benefit account to the attorney general where such is determined to be in
"the best interests of the state."
Source. #10423, eff 9-27-13
Emp 408.03 Notice
of Acknowledgment and Mode of Hearing.
(a) Following
receipt of a request for compromise, the department shall provide written
notice of acknowledgment to the debtor.
(b) In the notice of
acknowledgment, the debtor shall be provided with a
copy of Emp 408 and given the opportunity to elect whether to have the
request for compromise considered:
(1) On the record, including any written evidence
or argument the debtor may submit;
(2) At an in-person hearing; or
(3) By telephone hearing.
(c) Upon a failure
to make the election in (b) above within 14 days of the date of
the department’s notice, the department shall make a determination on the
record.
(d) If a debtor
requests an in-person or telephonic hearing and fails to appear, the department
shall deny the request for compromise.
(e) In-person
hearings shall be governed by the procedures in Emp 207 except to the extent
that such procedures are waived pursuant to Emp 207.06.
(f) Telephonic
hearings shall be governed by the procedures in Emp 207 and Emp 202.01 (v)-(y),
except to the extent that such procedures are waived pursuant to Emp 207.06.
Source. #10423, eff 9-27-13
Emp 408.04 Rebuttable
Presumption.
(a) There shall be a
rebuttable presumption that it is in the “best interests of the state” to
compromise a non-fraud overpaid benefit account of state
unemployment benefits in total if the
debtor’s household income is derived solely from the following sources:
(1) Old Age Assistance;
(2) Aid to the Permanently and Totally Disabled;
(3) Supplemental Security Income;
(4) Aid to the Needy Blind;
(5) Temporary Assistance For Needy Families;
(6) Social Security Disability Insurance;
(7) Social Security Retirement Benefits; or
(8) Veteran’s Benefits.
(b) The presumption
in (a) above shall be rebutted by evidence of one or more of the following:
(1) The claimant’s economic circumstances are
likely to change substantially within two years;
(2) The claimant owns and/or holds an interest in
real property which is not inchoate or de minimis;
(3) The claimant owns and/or holds an interest,
which is not inchoate or de minimis, in goods, property, money, rights, and
credits that is capable of being liquidated in the relatively near future
without substantial loss in value, excepting such interests that are exempted
from attachment and execution; or
(4) The overpayment was the result of fraud.
(c) There shall be a rebuttable
presumption that it is in the “best interests of the state” to compromise any
non-fraud portion of an overpaid benefit
account of state unemployment insurance benefits that resulted from base period
wages from a reimbursing employer, provided that the claimant provides documentation satisfactory to the department that the reimbursing employer does not object.
(d)
The presumption in (c) above shall be rebutted if the department finds
that there is some other reason to conclude that failing to recover the
overpayment would, or could, affect:
(1) Any interested party, as
defined in RSA 282-A:42, III, other than a non-objecting reimbursing employer
under (c) above; or
(2) An agency or department of any state
or of the federal government.
(e) If the
presumption in (a) or (c) above is rebutted,
the determination of whether a total or partial compromise is recommended shall
be based on weighing the factors in Emp 408.05.
Source. #10423, eff 9-27-13
Emp 408.05 Totality
of the Circumstances. To the extent
that an overpayment is not compromised pursuant to Emp 408.04 above, the
commissioner shall consider the factors in Emp 408.06 on a totality of the
circumstances basis, and the presence or
absence of one or more of the factors shall not be controlling.
Source. #10423, eff 9-27-13
Emp 408.06 Factors
to be Considered. Factors to be
considered in determining whether the total or partial compromise of an
overpaid benefit account is in "the best interests of the state" for
purposes of RSA 282-A:29, shall include whether:
(a) The debtor has made an offer of partial payment that is
reasonable relative to the amount of the debt and the debtor's ability to make
total or partial payment over the course of a reasonable period of time;
(b) The debtor made
payments on the overpayment as promptly as the debtor was financially able;
(c) The debtor
agreed to a payment schedule and amount consistent with the debtor's ability to
pay;
(d) The debtor made
payments substantially in compliance with any payment schedule or court order;
(e) The debtor
contacted the department if any payments were going to be late or less than the
agreed amount;
(f) The debtor
provided any financial affidavit or other financial information that was needed
by the department to determine the debtor's ability to pay;
(g) The debtor kept
the department informed of the debtor's telephone numbers, sources of income,
physical addresses and mailing addresses;
(h) The debtor
promptly responded to communications from the department;
(i) The debtor assured that checks were not
returned due to insufficient funds;
(j) The debtor
cooperated so that it was not necessary for the department to take legal action to
collect the overpayment;
(k) The debtor was
not found overpaid as a result of fraud;
(l) The debtor was
not found to have been with fault in the creation of the overpayment pursuant
to RSA 282-A:165, II and Emp 502.03;
(m) The debtor was
found to have been with fault in (k), but the nature of the debtor's fault was
mere negligence, rather than omissions or commissions which were unreasonable,
grossly negligent, reckless, knowing, or willful;
(n) The debtor, if
currently unable to make payment, is not likely to have a substantial
improvement in ability to pay within 12 months;
(o) The debtor has
income or assets which, after considering total household income, are in excess
of those required for the necessaries for the debtor and the debtor's immediate
family residing in the same household;
(p) The debtor has
income or assets which are not exempt from garnishment, levy, or execution
under federal or state law;
(q) The debtor has
an ability to pay that is substantially limited when compared to the amount of
the debt;
(r) The debtor has a
partial or entire overpayment benefit account that resulted from payments from
a reimbursing employer, and the reimbursing employer does not object to
compromise;
(s) The debtor has demonstrated that the debtor currently intends to either refinance
the debtor's mortgage or obtain
a reverse mortgage, and a lien by the department against the debtor's primary
residence would prevent the debtor from doing so;
(t) The debtor has
any other financial limitations, has acted in any other way that positively
demonstrated the debtor's willingness to substantially comply with the
department's collection efforts and benefit eligibility determination
requirements or has demonstrated other actual harm would result from
collection efforts or the failure to grant a partial or total compromise; and
(u) The department finds that
the total or partial compromise of the overpaid benefit account would, or could
affect:
(1) Any interested party, as defined in RSA
282-A:42, III, other than a non-objecting reimbursing
employer under Emp 408.04 (c), or
(2) An agency or
department of any state or the federal government.
Source. #10423, eff 9-27-13
Emp 408.07 Injured
Spouse Allocation.
(a) If the overpayment, which is the subject of the request
for compromise, qualifies as an “overpayment debt” as defined in Emp 409.02 (i), the department shall not consider a request for
compromise until the individual has demonstrated through documentation the
individual’s tax filing status for the tax year in question for which a tax
refund offset may be, or has been, certified by the department to satisfy a
debt owed by the individual.
(b) If the individual’s tax
filing status is such that another individual would be entitled to file a
request for injured spouse allocation with the IRS in order to claim a portion
of the tax refund, the department shall require, prior to considering the
request for compromise, the injured spouse allocation process first be
exhausted with the IRS.
(c) If following
exhaustion of the injured spouse allocation process, the individual
demonstrates through documentation that the injured spouse allocation request
has been rejected by the IRS, the department shall then consider a request for
compromise.
Source. #10423, eff 9-27-13
Emp 408.08 Notice
of Commissioner’s Decision on Request to Compromise. The department shall provide the debtor with
written notice of the department’s decision on the request for compromise
including the reasons for the decision.
The notice shall inform the debtor of his or her right to request
reconsideration by the Commissioner, and his or her right to request compromise
again in the future. A new request for
compromise shall be considered upon demonstration by the debtor that there has
been a substantial change in circumstances.
Source. #10423, eff 9-27-13
Emp 408.09 Request
for Reconsideration.
(a) If the
department makes a recommendation to deny the request for compromise in whole
or in part, the debtor may submit a request for reconsideration by the
Commissioner within 14 days of the date of the notice of the department’s
decision. The Commissioner’s review
shall be on the record.
(b) Requests for
reconsideration submitted later than 14 days of the date of the notice of the Commissioner’s
recommendation shall not be considered.
(c) If
reconsideration is requested, the Commissioner shall designate a
person to participate in the Commissioner’s review of a debtor’s request who
shall be different than any person who was designated to make the initial
recommendation on a request for compromise.
Source. #10423, eff 9-27-13
Emp 408.10 The
Collection Process and Requests for Compromise. An individual’s request for compromise shall
not stay the collection process including, without limitation, the offset of
Federal tax refund payments under Emp 409.
Source. #10423, eff 9-27-13
PART Emp 409 OFFSET OF FEDERAL TAX REFUND PAYMENTS
Emp 409.01 Purpose. The purpose of this part is to address the
requirements for offset of tax refund payments against unpaid benefit
overpayments pursuant to 31 C.F.R. 285.8 and proper criteria for forbearance.
Source. #10424, eff 9-27-13
Emp 409.02 Definitions. For purposes of this part:
(a) "Debt"
means past-due, legally enforceable overpayment of unemployment compensation
benefits plus penalties and interest;
(b)
"Department" means the department of employment security;
(c)
"Individual" means a person who owes a debt;
(d) Financial
Management Service (FMS) means a bureau of that name in the
Department of the Treasury;
(e) “Immediate family” means
spouse, parent, and minor child under the age of 18 whether the relationship is
a biological, adoption, step-, half-, or in-law relationship;
(f) Internal Revenue
Service (IRS) means a bureau of that name in the Department of the Treasury;
(g) "Tax refund offset" means withholding or
reducing a tax refund overpayment by an amount necessary
to satisfy a debt owed by the payee(s) pursuant to 26 U.S.C. 6402(a);
(h) "Tax refund
payment" means any overpayment of federal taxes to be refunded to the
person making the overpayment after the IRS makes the appropriate credits as
provided in 26 U.S.C. 6402(a) and 26 CFR 6402–3(a)(6)(i)
for any liabilities for any federal tax on the part of the person who made the
overpayment; and
(i) "Overpayment debt" means “covered
unemployment compensation debt” as defined in 26 U.S.C. 6402(f)(4). The term includes:
(1) A past-due debt for erroneous payment of
unemployment compensation benefits due to fraud or the person's failure to
report earnings which has become final under the law of a State certified by
the Secretary of Labor pursuant to 26 U.S.C. 3304 and which remains
uncollected; and
(2) Any penalties and interest assessed on such
debt.
Source. #10424, eff 9-27-13
Emp 409.03 Advance
Notification and Opportunity to Present Evidence.
(a) The department
shall provide a written notification to the individual by U.S. mail, to his or
her last known address, informing the individual that the department intends to
refer the debt for collection by federal tax refund offset and advising the
individual of the individual's rights and limitations under Emp 409.03 (b), (d),
(f), (i) and
(j). Such written notification shall
inform the individual that he or she has the right to request forbearance.
(b) The individual l
shall have 60 days to present documentation that all or part of the
overpayment debt is not past due, not legally enforceable, or is not due to
fraud or the individual’s failure to report earnings.
(c) The department
shall consider any documentation presented by an individual in response to the
notice described in Emp 409.03(a) and determine whether an amount of such
overpayment debt is not past due, not legally enforceable, or is not due to
fraud or the individual’s failure to report earnings.
(d) The individual
shall not have new or further right to appeal, or otherwise have reviewed on
the merits, any final determination which determined the individual's
overpayment debt and which the individual already had rights of appeal under
RSA 282-A:42-68.
(e) The department
shall advise the individual of its determination under Emp 409.03(c) in writing
and shall notify the individual of his or her right to submit a request for
reconsideration.
(f) If the individual disagrees
with the department’s determination under Emp 409.03 (c), the individual may submit a written request for
reconsideration to the Commissioner within 14 days of the date of the notice of
the department’s determination. Requests
for reconsideration postmarked or received later than 14 days after the date of
the notice of the department’s determination shall not be considered unless the
commissioner or the commissioner’s designee finds sufficient grounds to justify
or excuse the individual from filing a timely request for reconsideration.
(g) For purposes of
this section, sufficient grounds shall include any unforeseeable circumstance
beyond the individual’s control that prevented the individual from making a
timely request for reconsideration.
(h) The commissioner’s review
shall be on the record. If
reconsideration is requested, the commissioner shall designate a person to
participate in the commissioner’s review who shall be different than any person
who was designated to make the initial determination in accordance with Emp 409.03 (c).
(i)
The department shall advise the individual of the commissioner’s
determination under Emp 409.03(h) in writing.
The department shall also notify the individual(s) that if they believe
that the department incorrectly certified that their overpayment debt is either
past due, legally enforceable, or the debt is due to fraud or the individual’s
failure to report earnings, the individual may file a complaint with FMS. The department shall provide the individual
with the address and telephone number for FMS.
(j) The individual
may contact the department to request that the department grant forbearance in
whole or in part if the tax refund offset would cause extreme financial
hardship pursuant to Emp 409.08.
Source. #10424, eff 9-27-13
Emp 409.04 Certification. Upon satisfying the requirements of Emp
409.03, the department shall certify overpayment debts for tax refund offset
with FMS in accordance with the procedures set forth in 31 C.F.R. 285.8, unless
the department determines that forbearance is appropriate pursuant to Emp
409.05-Emp 409.07.
Source. #10424, eff 9-27-13
Emp 409.05 Forbearance.
(a) For any
overpayment debt which is certified, or would otherwise be certified, pursuant
to Emp 409.04, the department shall, to the extent it determines that offset of
all or part of the federal tax refund will cause extreme financial hardship to
the individual or a member of the individual's immediate family:
(1) Not certify such overpayment debt;
(2) Reduce the amount of such certification; or
(3) Return, in whole or in part, tax refund
offset moneys to the individual.
(b) Forbearance
which is granted in whole or in part shall only apply to the tax year at issue
in the debtor’s request for forbearance.
Source. #10424, eff 9-27-13
Emp 409.06 Contents
of Request For Forbearance.
(a) A request for
forbearance by an individual shall be in writing and shall include:
(1) The individual’s name and address;
(2) An explanation of the reasons why the
individual believes that the amount of the offset or proposed offset will cause
extreme financial hardship to the individual or a member of the individual's
immediate family, and copies of any documents that the individual wishes to
have considered in support of his or her claim of extreme financial hardship;
(3) An alternative offset proposal, if any;
(4) The following information:
a. Current marital status;
b. Tax filing status for the tax year in
question;
c. Income from all sources;
d. Assets;
e. Liabilities;
f. Names and ages of dependents;
g. Expenses for food, housing, heat,
electricity, water, clothing, and transportation;
h. Medical expenses; and
i. Exceptional expenses, if any;
(5) Documents as requested by the department in
connection with the request for forebearance;
(6) Copies of all documents that the individual
wishes to have considered to support the objections raised by the individual
regarding the claim of extreme financial hardship;
(7) Certification that all statements and
attachments are true to the best of the individual's knowledge and belief; and
(8) The individual's signature.
(b) The individual
may submit the information required in (a) on a form provided by the
department. The department shall make
such a form available to the individual upon request, or if the request for
forbearance is incomplete.
(c) The individual
shall provide the department with the documentation and information described
in Emp 409.06 (a) within 20 days of the department’s request for such
documentation and information, unless sufficient grounds for extension of the
20 days is shown.
(d) For purposes of
this section, sufficient grounds shall include any unforeseeable circumstance
beyond the individual’s control that prevented the individual from making a
timely request for reconsideration.
Source. #10424, eff 9-27-13
Emp 409.07 Injured
Spouse Allocation.
(a) The department
shall not consider a request for forbearance until the individual has
demonstrated through documentation the individual’s tax filing status for the tax
year in question for which a tax refund offset may be, or has been, certified
by the department to satisfy a debt owed by the individual.
(b) If the
individual’s tax filing status is such that another individual would be
entitled to file a request for injured spouse allocation with the IRS in order
to claim a portion of the tax refund, the department shall not consider a
request for forbearance until the injured spouse allocation
process with the IRS has been exhausted.
(c) If following
exhaustion of the injured spouse allocation process, the individual
demonstrates through documentation that the injured spouse allocation request
has been rejected by the IRS, the department shall then consider a request for forbearance.
Source. #10424, eff 9-27-13
Emp 409.08 Extreme Financial Hardship.
(a)
In determining whether an individual has established that offset of all
or part of the federal tax refund will cause extreme financial hardship to the
individual or a member of the individual's immediate family, the department
shall determine whether the credible, relevant documentation submitted
demonstrates that the offset or proposed offset would prevent the individual
from meeting the costs necessarily incurred for essential subsistence expenses
of the individual and his or her spouse and dependents.
(b) For purposes of
this determination, essential subsistence expenses shall include costs incurred
only for food, housing, utilities, clothing, essential transportation and
medical care.
(c) In making this
determination, the department shall consider:
(1) The income from all sources of the
individual, and his or her spouse and dependents;
(2) The extent to which the assets of the
individual and his or her spouse and dependents are available to meet the
offset and the essential subsistence expenses;
(3) Whether these essential subsistence expenses
are reasonable under all the circumstances; and
(4) The extent to which the individual and his or
her spouse and dependents have other exceptional expenses that should be taken
into account, and whether these expenses are reasonable under all the
circumstances.
(d) The department
shall advise the individual of its determination in writing. Such determination shall not be
appealable. Such determination shall
advise the individual of his or her right to request an adjustment of his or
her account by compromise in accordance with Emp 408.
Source. #10424, eff 9-27-13
Emp 409.09 The Offset of Federal Tax Refund Payments and
Requests for Forbearance. An individual’s request for
forbearance shall not:
(a)
Stay the offset of Federal tax refund payments;
(b) Stay any other
collection process; or
(c)
Act as a request for compromise under Emp 408, unless the individual’s
communication to the department can reasonably be construed as a request for
compromise under Emp 408, in which case the department shall treat the request
as a request for compromise under Emp 408.
Source. #10424, eff 9-27-13
PART Emp 410 ALIENS
Emp 410.01 Purpose. The purpose of this part is to establish
criteria concerning RSA 282-A:15, II(a) and RSA 282-A:41.
Source. #10531, eff 2-28-14
Emp 410.02 Wages.
Commencing with the quarterly report for
the calendar quarter ending March 31, 2014, an employer shall neither, consider
an alien who falls into one of the classes of nonimmigrant aliens listed in
section 101(a)(15)(F), (J), (M), or (Q) of the Immigration and Nationality
Act 8 USC 1101(15)(F), (J), (M), or (Q),
and who performs services for remuneration, to be "lawfully present for purposes of performing such
services" under RSA 282-A:15, II(a), nor report wages for such an alien
unless:
(a) The alien
becomes a resident alien as to the time period when such services were
performed; or
(b) The alien
otherwise becomes subject to treatment as a resident alien of the United States
for purposes of the Federal Unemployment Tax Act (26 U.S.C. Ch. 23), as to the
time period when such services were performed.
Source. #10531, eff 2-28-14
Emp 410.03 Benefits.
For any individual benefit year, the
first day of which is on or after the first Sunday following the effective date
of this section, an alien who falls into one of the classes of nonimmigrant
aliens listed in section 101(a)(15)(F), (J), (M), or (Q) of the Immigration and
Nationality Act 8 USC 1101(15)(F), (J), (M), or (Q), and who performs services
for remuneration, shall not be considered "lawfully present for purposes
of performing such services" under RSA 282-A:41, I(a) unless:
(a) The alien
becomes a resident alien as to the time period when such services were
performed; or
(b) The alien
otherwise becomes subject to treatment as a resident alien of the United States
for purposes of the Federal Unemployment Tax Act (26 U.S.C. Ch. 23), as to the
time period when such services were performed.
Source. #10531, eff 2-28-14
PART Emp 411
SELF-EMPLOYMENT ASSISTANCE PROGRAM
Emp
411.01 Purpose. The purpose of this part is to establish the
procedures to implement the “self-employment assistance program” relative to
RSA 282-A:31-g and RSA 282-A:31-h, and known as the “Pathway to Work” (PTW)
program.
Source. #11045, eff 2-24-16
Emp
411.02 Definitions.
(a) "Allowable business activity" means
a business activity that meets the requirements of Emp 411.03 (g).
(b) "Business Advisor" means a
counselor approved by the NH Small Business Development Center to
provide one-on-one business assistance services to participants in the PTW
Program.
(c) “Commissioner" means the commissioner of
the department.
(d) “Department” means the New Hampshire
department of employment security.
(e) “Establishing a business" means
organizing the production, marketing, and sale of products or services. This
term
includes enterprises organized as legal not-for-profit
ventures.
(f) "Employment Service Representative”
means the designated staff member at each department of employment security
local office responsible for coordinating orientation and applications for PTW
Program applicants.
(g) “Extended Benefits” means benefits paid under
the state-federal extended benefit program.
(h) "Full-time basis" means that the
individual is devoting such amount of time as is customary to establish a
business that will serve as a full-time occupation for that individual, but in
no case less than the hours required for full-time work as provided at RSA
282-A:9, VIII.
(i) “Pathway to Work
(PTW) Program” means New Hampshire’s self-employment assistance program, as
defined in RSA 282-A:31-g, V.
(j) “N.H. Small Business Development Center (SBDC)”
means the outreach program of the Peter T. Paul College of Business and
Economics at the University of New Hampshire which is a
cooperative venture with the U.S. Small Business Administration and the N.H.
Department of Resources and Economic Development.
(k) “Regular benefits” means benefits payable to
an individual under this chapter, including benefits payable to federal
civilian employees and to former members of the United States Armed Forces
pursuant to the United States Code, Chapter 85. Regular benefits do not include the
self-employment assistance allowance and extended benefits or benefits through
other programs that provide additional benefits or benefit extensions.
(l) “Self-employment assistance activities” means
activities related to establishing a business and becoming self-employed as
required and monitored by SBDC and the Department in accordance with Emp
411.07.
(m) “Self-employment assistance allowance” means
an allowance, equal to and payable in lieu of regular benefits, from the
unemployment compensation trust fund to an individual who meets the
requirements of and is participating in the PTW Program.
(n) “Self-employed individual” means an
individual who is in business for him or herself and carries on the business
as:
(1) A sole
proprietor;
(2) A partner;
(3) A limited
liability company (LLC); or
(4) A
corporation.
(o) “Unsuitable business” means a business in
which:
(1) Services
are performed by an individual as an insurance agent or insurance solicitor for
commissions as set forth in RSA 282-A:9, IV(k);
(2) Services
are performed by an individual as a licensed real estate broker or a licensed
real estate salesperson for commissions as set forth in RSA 282-A:9, IV(q);
(3) Services
are performed as a direct seller as set forth in RSA 282-A:9, IV(s); or
(4) Gambling
activities are included.
(p) "Worker profiling system" means a
system established by the department that utilizes a statistical profile, as
described in Emp 501.08(b), to predict the likelihood that an individual will
exhaust his or her unemployment benefits.
Source. #11045, eff 2-24-16
Emp
411.03 Claimant Requirements for
Consideration for the PTW Program. To
be considered for participation in the PTW Program, an applicant shall meet
the following standards and requirements:
(a) Be found eligible to receive regular benefits
pursuant to RSA 282-A:31-g,VI and Emp 411.02 (k);
(b) Be identified as likely to exhaust regular
benefits by obtaining a statistical score of .50 or greater through the worker
profiling system;
(c) Have a balance of regular benefits equal to
at least 18 times the individual’s weekly benefit amount and have at
least 18 weeks remaining in the individual’s benefit year at the time of
application;
(d) Attend a self-employment orientation
presented by the department followed by a one on-one interview with a
department staff member;
(e) Submit a completed “Pathway to Work
Application” (N-7/13) to a department local office within
60 days of filing an initial application for regular benefits on which the applicant
shall:
(1) Certify
such application by placing initials beside the statement: “I certify the above
information is true and accurate to the best of my knowledge. I understand that I may run out of
unemployment insurance and that extensions may not be available.”
(2) Authorize
information in the application to be shared by placing initials beside the
statement: “I authorize the NH Employment Security, WIOA Title 1-B providers
and local SBDC to share information necessary for the facilitation and administration
of the PTW program.”
(3) Acknowledge
understanding relative to eligibility by placing initials beside the statement:
“Eligibility for PTW is not retroactive for weeks of self-employment prior to
the date of approval. Eligibility for
regular Unemployment Insurance for any week prior to approval requires that an individual
be able to work, available for work, and actively seeking work for the week.”
(f) Be willing and able to work on a full-time
basis at self-employment assistance activities; and
(g) Propose to enter a type of business which is
an allowable business activity as follows:
(1) The
principal place of the proposed business shall be in New Hampshire;
(2) The
proposed business, when established, shall meet all legal requirements including,
but not limited to, holding necessary licenses, payment of taxes, and abiding
by zoning laws;
(3) The form of
the proposed business shall adhere to the definition of self-employed
individual in Emp 411.02; and
(4) The nature
of the proposed business shall be suitable for inclusion in the PTW Program. Suitable businesses shall include franchises
or pre-existing businesses provided that the applicant has both financial
investment responsibility and decision-making authority in the business.
Source. #11045, eff 2-24-16
Emp
411.04 Application Review Process.
(a) Written applications shall be reviewed by the
department’s employment services bureau (ESB) to assess compliance with the
requirements for program consideration set forth at Emp 411.03.
(b) The ELMI shall review any application
that meets the requirements set forth at Emp 411.03 and
provide the ESB with a recommendation as to whether the applicant’s plan falls
within a growing industry or occupation, or will support a growing industry and
is a viable prospect. The recommendation
shall be based on data such as:
(1) Projected
industry growth;
(2) Occupational
outlook;
(3) Projected
occupational growth rate; and
(4) Projected
number of job openings.
(c) Concurrent with the ELMI review of the
application, the SBDC shall perform an assessment of the feasibility of the
applicant’s plan for self-employment.
The SBDC shall assess whether the self-employment plan has a reasonable
likelihood of success. Based on its
review, the SBDC shall make a written recommendation to the department.
(d) The department, through the ESB, shall
consider the recommendations of the SBDC and the ELMI in making its
determination with respect to any application.
(e) After determining that the claimant meets the
initial requirements for program consideration under Emp 411.03 and considering
the recommendations from the ELMI and SBDC, the Department shall issue a
written determination advising the claimant that his or her application is:
(1) Approved
and he or she is accepted into the PTW Program;
(2) Pending
because acceptance into the PTW Program will cause enrollment in the program to exceed 2.5%
of the claimants receiving regular benefits; or
(3)
Denied and he or she is not accepted into the PTW Program.
Source. #11045, eff 2-24-16
Emp
411.05 Continued Weekly Filing
Requirements.
(a) After filing an application, but prior
to receiving notification of acceptance or non-acceptance into the PTW Program,
applicants shall continue to file for and meet the eligibility requirements for
regular benefits.
(b) An applicant shall not submit a claim for a
self-employment assistance allowance until he or she receives written
notification of acceptance from the department.
(c) The effective date of participation in the PTW
Program shall be the Sunday following the date of the notification of
acceptance.
(d) PTW Program participants shall begin
filing a “Pathway to Work Continued Claim Form” (N-7/13) during the
week following notification of acceptance into the PTW Program and certify in
such form: “I understand the answers I give to the above questions may affect
my
rights to benefit payments. I
certify that these statements are true and correct, and I am not claiming any
benefits from any other unemployment program for the above week. I understand the law provides penalties for
false statements.”
(e) The department shall notify applicants of
acceptance or non-acceptance into the PTW Program within 10 business days of
the date of submission of the application, and:
(1) If accepted,
the written determination shall include the effective date of the applicant’s
participation in the PTW Program, which shall be the Sunday following the date
the determination is issued; and
(2) If not
accepted, a written non-acceptance determination shall be issued identifying
the specific reason for non-acceptance.
Source. #11045, eff 2-24-16
Emp
411.06 Eligibility for the Self-Employment
Assistance Allowance.
(a) In order to receive a self-employment
assistance allowance, PTW Program participants shall, on an
ongoing basis:
(1) Complete
and file weekly a “Pathway to Work Continued Claim Form” (N-7/13) and certify
in such form: “I understand the answers I give to the above questions may
affect my rights to benefit payments. I
certify that these statements are true and correct, and I am not claiming any
benefits from any other unemployment program for the above week. I understand the law provides penalties for
false statements.”
(2) Be actively
engaged on a full-time basis in self-employment assistance activities; and
(3) Report to
the local office for a one-on-one meeting with a department representative
every 3 weeks.
(b) After acceptance into the PTW Program,
an individual shall be excused from the requirements under RSA 282-A relating
to availability for work, active search for work, and refusal to accept
suitable work.
(c) The requirements of RSA 282-A relating to
disqualifying income shall not apply to income earned from
self-employment by the individual.
(d) An individual who meets the eligibility
requirements of this section shall be totally unemployed under RSA 282-A.
Source. #11045, eff 2-24-16
Emp
411.07 Program Participation
Requirements and Monitoring.
(a) Participants shall:
(1) Accept the
commissioner’s referral to the SBDC for services that include all or part of
the following:
a. Coordination
and management;
b. Outreach and
orientation to self-employment activities;
c. Individual
business advising; and
d. Educational workshops
and seminars;
(2) Take at
least 3 courses in the SBDC’s online e-Learning program;
(3) Meet on a regular basis with a qualified SBDC
business advisor during the course of participation in PTW to work on a
business plan as agreed upon by the participant and advisor. The initial meeting shall take place within 6
weeks of acceptance into the program as follows:
a. At the
initial meeting the SBDC business advisor shall:
1. Assist PTW
participants in setting out a "plan of action" for their self-employment assistance activities; and
2. Guide the
participants in developing a written business plan appropriate to the type of
business and its stage of development; and
b. If the
participant is unable to meet with a qualified business advisor within 6 weeks of acceptance, after having made
a good faith effort to do so, and such failure to meet was due to factors
beyond the participant's control, such failure shall not subject the
participant to automatic termination from the PTW Program.
(b) The SBDC shall prepare a written agreement
for each participant outlining the plan for self-employment assistance
activities. The plan agreement shall be
reviewed with and co-signed by each participant. The SBDC shall provide a copy
of the plan agreement to the department.
(c) The department shall conduct periodic reviews
of PTW Program participants' progress towards establishing a business and
their compliance with program requirements.
Reviews shall be based in part on information supplied on the weekly
continued claim form, but may include other information provided by the
participant.
(d) The department shall follow up every 6 months
for two 2 years following the conclusion of an individual’s
participation in the PTW Program to track the progress of the business. Progress shall be measured based on the following benchmarks:
(1) Establishment
of a business bank account;
(2) Development
of a record-keeping system;
(3) Acquisition
of necessary equipment, supplies or inventory;
(4) Development
of promotional materials;
(5) Development
of a written business plan including financial projections, cash flow, break
even analysis, and profit, loss, and balance sheet statements;
(6) Establishment
of a pricing structure; and
(7) Possession
of adequate insurance coverage.
(e) The business established by the participant
shall meet all legal requirements including, but not limited to, holding
necessary licenses, payment of taxes, and abiding by zoning laws.
Source. #11045, eff 2-24-16
Emp
411.08 Exhaustion of Self-Employment
Assistance Allowance.
(a) Individuals may receive up to 26 weeks of
self-employment assistance allowance in lieu of regular benefits in any benefit
year.
(b) The sum of the self-employment assistance
allowance paid and regular benefits paid shall not exceed the maximum amount of
benefits established under RSA 282-A:25 with respect to any benefit year.
(c) The self-employment assistance allowance
shall terminate with the week in which the individual exhausts his or her
balance of regular benefits for any benefit year.
Source. #11045, eff 2-24-16
Emp
411.09 Termination from the PTW Program.
(a) PTW Program participation shall be voluntary
and may be terminated at the request of the participant at any time.
(b) To withdraw from the program, an individual
shall indicate his or her desire to withdraw on the weekly self-employment
assistance allowance claim form.
(c) Voluntary termination shall be effective on
the Sunday of the week following the claim week in which voluntary termination
is elected.
(d) Voluntary termination of participation in the
PTW Program shall not disqualify an otherwise eligible individual from receiving
any remaining regular benefits to which he or she may be entitled.
(e) A PTW Program participant shall be removed
from the PTW Program if found to be non-compliant with the program
participation requirements contained in this Part and in RSA 282-A:31-h, or as
provided in RSA 282-A:31-h, IX.
(f) The following shall result in termination
from the NH Pathway to Work program:
(1) Failure to
meet program participation requirements contained in Emp 411.07, above; and
(2) Failure to
pursue self-employment assistance activities as defined in RSA 282-A:31-g and
Emp 411.02 (l).
(g) Notification of termination shall be made in
writing and shall be effective as of the week following the week in which such
notification is mailed to the participant.
(h) The eligibility for benefits for an
individual who either withdraws voluntarily from the PTW Program or who is
terminated by the commissioner shall be determined in accordance with the
provisions of RSA 282-A. The
requirements of this chapter relating to availability for work, active search
for work, acceptance of suitable work, and disqualifying income shall be
applicable to such individual beginning with the week following the claim week
in which voluntary termination is elected or notification of termination from
the program is mailed.
Source. #11045, eff 2-24-16
Emp
411.10 Appeal Procedure.
(a) All determinations under this section shall
be made in writing.
(b) An individual who receives a determination of
nonacceptance into the PTW Program or who is terminated after acceptance into
the program may file an appeal of that determination to the appeal tribunal in
accordance with RSA 282-A:48 and Emp 202.
Appeal hearings shall be governed by the procedures in Emp 207, except
to the extent that such procedures are waived pursuant to Emp 207.06.
Source. #11045, eff 2-24-16
Emp
411.11 Enrollment Limitation.
(a) The department shall monitor enrollment in
the PTW Program on a weekly basis to ensure that the number of
individuals enrolled at any given time does not exceed 2.5% of all individuals receiving
regular benefits at that time.
(b) If the department determines that acceptance
of additional participants will cause enrollment to exceed 2.5% of the
claimants receiving regular benefits, the department shall defer acceptance
of any additional individuals into the PTW Program.
(c) Applicants who meet the eligibility
requirements shall be given written notification that acceptance into the PTW
Program has been deferred until such acceptance would no longer cause the
percentage to exceed 2.5%.
(d) Each individual whose acceptance has been
deferred shall be placed on a waiting list in the order in which he or she applied. The applicant who applied first and who is
still on the waiting list shall be given the first opening for acceptance into
the PTW Program.
(e) Individuals who are on a waiting list because
their acceptance has been deferred shall be issued written notification that
their status has changed from deferred to not accepted when any one of the
following occurs:
(1) The individual
has been on the waiting list for 5 weeks following the week in which they
submitted their PTW Program application;
(2) The
individual’s remaining regular benefits available for the benefit year is less
than 18 times the applicant’s weekly benefit amount; or
(3) Fewer than
18 weeks remain in his or her benefit year.
Source. #11045, eff 2-24-16
CHAPTER Emp
500 CLAIMANT REQUIREMENTS
PART
Emp 501 REGISTRATION FOR WORK AND FILING
OF CLAIMS
Emp 501.01 Work
Registration.
(a) No benefits
shall be payable for any week to an individual who is required to register for
employment services and seek suitable work unless such individual has an active
work registration on file in that week.
(b) For the first 2 weeks
of continued unemployment beginning with the effective date of an initial
claim, such initial claim shall be a sufficient work registration.
(c) Beginning with
the third week of continued unemployment from the initial claim effective date,
an individual shall be considered to have an active work registration if the
individual:
(1) Resides in New Hampshire or resides outside
of New Hampshire but within 25 miles of a New Hampshire employment security
office and is registered on the New Hampshire department of employment security
job match system; or
(2) Resides both outside of New Hampshire and
outside of 25 miles of a New Hampshire employment security office and is
registered for work at an office designated for the purpose of work
registration, with the approval of the state where the individual resides.
(d) Individuals
required to register with New Hampshire department of employment security shall so
register for work:
(1) In person at a New Hampshire department of
employment security office; or
(2) By use of the internet at www.nhes.nh.gov/.
(e) Each individual
required to register on the New Hampshire department of employment security job
match system shall supply the individual's:
(1) User name;
(2) Password;
(3) Security question;
(4) First name;
(5) Last name;
(6) Address;
(7) Zip code;
(8) County;
(9) Country;
(10) Phone number;
(11) Birth date;
(12) Gender;
(13) Highest level of education achieved;
(14) Social Security number;
(15) Updated information relative to current
enrollment in school;
(16) Citizenship status;
(17) Current employment status;
(18) Type of business worked in;
(19) Updated information relative to current work
search activity;
(20) Updated information relative to whether the
individual is receiving unemployment insurance benefits;
(21) Work history;
(22) Job skills;
(23) Type of work being sought;
(24) Preferred minimum and maximum number of hours
to work a week; and
(25) Updated virtual recruiter and updated resume.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5150, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97; ss by #7250, eff 4-30-00; ss
by #7993, eff 11-26-03; ss by #9529, eff 8-17-09; ss by #10627, eff 6-30-14
Emp 501.02 Registration for Work. RESERVED
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5150, eff 5-6-91; ss by #5974, eff 2-1-95;
ss by #7251, eff 4-30-00; ss by #7993, eff 11-26-03, EXPIRED: 11-26-11
New. #10500, INTERIM, eff 12-31-13, EXPIRED:
6-30-14
Emp 501.03 Initial Claims.
(a) A claimant
shall file an initial claim as provided in this rule.
(b) An initial
claim shall be filed online at https://nhuis.nh.gov/claimant/login, or as follows:
(1) If a claimant is unable to file an
initial claim online from outside of the department, he or she may file online
by visiting any local or itinerant office of the department;
(2) If a claimant is unable to file an initial
claim online either outside of the department or at a local or itinerant office
of the department, he or she may file by providing the necessary information
over the telephone to a department staff member who shall assist in filing an
online application; or
(3) If a
claimant is unable to file an initial claim online from outside
of the department or as listed in (1) or (2) above, he or she may, if instructed or
permitted by the department, file by United States mail, using form “New Hampshire
Employment Security Unemployment Insurance Application,” (NHES 0178 R-2/18).
(c) Department staff shall be available during
regular business hours to assist the
claimant to input any information into the online application or to input
information on behalf of the claimant
if the claimant is filing in a manner permitted pursuant to Emp 501.03(b)(2).
(d)
If filing online, the claimant shall
access the claimant login page at https://nhuis.nh.gov/claimant/login directly or by going to the New Hampshire employment
security homepage at www.nhes.nh.gov and selecting the prompt “File a Claim for
Benefits.”
(e) If the claimant has not yet registered to conduct
business online with the department, the claimant shall follow the procedures
set out at Emp 405.02.
(f) At the login page indicated in (d) above, the
claimant shall:
(1) Select a
filing location from a drop down menu at the prompt “Location”;
(2) Enter
his or her login name and password to access his or her homepage; and
(3) Select the
prompt “login” to access the claimant’s homepage.
(g) At the claimant’s homepage, the claimant
shall select the prompt “Apply for Unemployment Insurance Benefits” and then
complete the following steps:
(1) The
claimant will be presented with a pop-up screen and shall affirm by selecting
the prompt “Yes” to the following statement:
“Alert!
Please read the following carefully before you proceed
to apply for unemployment insurance benefits.
Please be aware that you will not be allowed to
complete and certify your Application for Unemployment Insurance Benefits
unless your employment history for the past 18 months includes at least one of
the following:
a. Employment
in New Hampshire.
b. Active
military duty-if you were on active military duty at any time during the past
18 months, you may complete and certify your application as long as you are
physically standing in New Hampshire while this application is being filed and
certified.
c. Non-military
Federal Government employment outside of the United States, as long as you are
a resident of New Hampshire.
If you wish to proceed with your application for
unemployment insurance benefits, please click on the YES button below. If not please click on the NO button.”;
(2)
The claimant shall then complete and submit the “Initial
Claim” form (ICF-07-18); and
(3) While
completing the
“Initial Claim” form (ICF-07-18), the
claimant shall indicate the following payment preferences:
a. By choosing yes or no to the question “Would you
like to have 10% of any benefit payments to which you may become entitled withheld
for federal income taxes?”;
b. By choosing
whether to receive benefit payments by direct deposit or paper check; and
c. If the
claimant choses direct deposit, the claimant shall provide the following
information where indicated:
1. Bank name;
2. Bank address including city, state, and zip
code;
3. Bank account number;
4. Account type; and
5. Bank routing number;
d. A claimant who has been permitted to file an
initial claim by United States mail pursuant to Emp 501.03(b)(3), and who
wishes to receive payments by direct deposit may provide this information to
the department directly or in writing.
(4) After
completing the
“Initial Claim” form (ICF-07-18), the
claimant shall, by clicking on the check box provided, agree to the following
certification:
“I have reviewed all of the information that I have
provided by clicking on the + sign for each of the above sections and I certify
that the information provided is complete and correct. I further certify that I am partially or
totally unemployed. I hereby make this
application for determination of my eligibility to collect unemployment
benefits and register for work, unless specifically exempt. I understand that RSA 282-A:161-165 provides
civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim
submitted for processing.”; and
(5) The
claimant shall then submit his or her claim by choosing the prompt “Certify
Claim.”
(h) A claimant who has been permitted to file an
initial claim by United States mail pursuant to Emp 501.03(b)(3), and who
wishes to receive payments by direct deposit may provide the information
indicated in Emp 501.03(g)(3)c. to the department directly or in writing.
(i) For claimants who file an initial application pursuant to Emp 501.03(b)(3) above, the
“New Hampshire Employment Security Unemployment Insurance Application” (NHES
0178 R-2/18) shall be signed and dated by the claimant subject to the following certification:
“Certification: I
certify that I am partially or totally unemployed. I hereby make this application for
determination of my eligibility to collect unemployment benefits and register
for work, unless specifically exempt. I understand that RSA 282-A:161-165
provides civil and criminal penalties for false statements made to obtain
benefits. I agree to all of the above and want my claim submitted for
processing.”
(j) An initial claim shall be allowed for the
week during which it is filed if:
(1) It is filed
by the last day of the week for which the claimant is applying for
benefits; or
(2) If the
claimant files in an agent state, it is filed by such time as the filing
requirements of the agent state require; or
(3) For a
claimant filing by United States mail pursuant to subsection
(b)(3), above if the claim is postmarked
or received at any office of the department within 3 days of receiving
instruction or permission to file on paper.
(k) When a claimant files an initial claim, that filing shall not by itself,
establish a claimant’s entitlement to benefits for the
week in which it is filed. A claimant
may apply for benefits for that week by filing a subsequent continued claim for
benefits, pursuant to Emp 501.04.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84;
ss by #4350, eff 12-28-87, EXPIRED: 12-28-87
New. #5884, INTERIM, eff 8-28-94, EXPIRED:
12-26-94
New. #5975, eff 2-1-95; amd
by #6307, eff 9-1-96; ss by #7252, eff 4-30-00; ss by #9129, INTERIM, eff
4-20-08, EXPIRED: 10-17-08
New. #9307, eff 10-25-08; ss by #12218, eff
6-23-17; ss by #12589, eff 7-23-18
Emp 501.04 Filing Continued, Reopened, and Additional
Claims.
(a) The following
definitions shall apply to this section:
(1) A “continued claim” is an application for
either total or partial unemployment compensation for:
a. A week beginning on the effective date of the
initial, reopened, or additional claim; and
b. Any consecutive week thereafter.
(2) A “reopened claim” is an application for
either total or partial unemployment compensation for a week occurring during
the benefit year established by an initial claim, immediately following any 7
day period for which the claimant did not file for benefits or with respect to
which the claimant did not or will not receive benefits.
(3) An “additional claim” is a reopened claim
which the claimant files when he or she has had employment since the filing of
an initial claim.
(b) A claimant shall file a continued, reopened, or additional
claim as provided in this rule.
(c)
A continued,
reopened, or additional claim shall be filed online at https://nhuis.nh.gov/claimant/login or as
follows:
(1) If a
claimant is unable to file a continued, reopened, or additional claim online from outside of the department, he or
she may file online by visiting any local or itinerant office of the
department;
(2) If a
claimant is unable to file a continued, reopened, or additional claim online either from outside of the
department or at a local or itinerant office of the department, he or she may
file by providing the necessary information over the telephone to a department
staff member who shall assist in filing an online
continued,
reopened, or additional claim; or
(3) If a
claimant is unable to file a continued claim online from outside of the
department or as listed in (1) and (2) above, he or she may, if instructed or
permitted by the Department, file by United States mail, using
the “New
Hampshire Employment Security Continued Claim Form” (NHES 0180 R-2/18).
(4) If a
claimant is unable to file a reopened or additional claim
online from outside of the department or as listed in (1) and (2) above, he or
she may, if instructed or permitted by the Department, file by United States
mail, using the “New Hampshire Employment Security Unemployment Insurance
Application,” (NHES 0178 R-2/18).
(d) Department staff shall be available during
regular business hours to assist the claimant to input any information into the
online application or to input information on behalf of the claimant if the
claimant is filing in a manner permitted pursuant to Emp 501.04(c)(2).
(e)
If filing online, the claimant shall
access the claimant login page at https://nhuis.nh.gov/claimant/login directly or by going to the New
Hampshire employment security homepage at www.nhes.nh.gov and selecting the prompt “File a
Claim for Benefits.”
(f) If the claimant has not yet registered to conduct
business online with the department, the claimant shall follow the procedures
set out at Emp 405.02.
(g) At the login page, indicated in (e) the
claimant shall:
(1) Select a
filing location from a drop down menu at the prompt “Location”;
(2) Enter
his or her login name and password to access his or her homepage; and
(3) Select the
prompt “login” to access the claimant’s homepage.
(h) At the claimant’s homepage, the claimant
shall be presented with and shall choose a prompt appropriate to his or her
filing status, as follows:
(1) For
claimants filing a continued claim, choose “File for weekly benefits for week
ending[_]”;
(2) For claimants filing a reopened or additional claim, choose “Reopen your claim for
Unemployment Insurance Benefits.”
(i) To file a continued claim, the claimant shall complete and submit the “Continued
Claim” form (CCF-07-18).
(j) The claimant shall provide all requested
information and shall agree to the following certification by clicking on the
check box provided:
“I understand that the
answers I give to the above questions may affect my rights to benefit
payments. I certify that these statements
are true and correct. I certify that I
am not claiming or receiving benefits from any other unemployment program for
the above week. I certify that I have
not previously provided false information or failed to disclose information
about employment history, employment status, earnings, availability for work,
or other matters concerning my eligibility for benefits. I understand that RSA 282-A:161-165 provides
civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim
submitted for processing.”
(k) The
claimant shall submit his or her claim by choosing the prompt “Certify Claim.”
(l) For claimants who file continued claims
pursuant to Emp 501.04(c)(3) above, the “New Hampshire Employment Security Continued Claim Form” (NHES 0180 R-2/18)
shall be signed and dated by the claimant subject to the
following certification:
“Certification: I understand that the answers I give
to the above questions may affect my rights to benefit payments. I certify that these statements are true and
correct. I certify that I am not
claiming or receiving benefits from any other unemployment program for the
above week. I certify that I have not
previously provided false information or failed to disclose information about
employment history, employment status, earnings, availability for work, or
other matters concerning my eligibility for benefits. I understand that RSA 282-A:161-165 provides
civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim
submitted for processing.”
(m)
A claimant filing a reopened claim, upon choosing the prompt “Reopen your claim for Unemployment Insurance Benefits” at his or her homepage, shall be presented
with and shall complete
and submit the “Initial Claim” form (ICF-07-18).
(n) The
claimant shall provide all requested information and shall agree to the
following certification by clicking on the check box provided:
“I have reviewed all of the information that I have
provided by clicking on the + sign for each of the above sections and I certify
that the information provided is complete and correct. I further certify that I am partially or totally
unemployed. I hereby make this
application for determination of my eligibility to collect unemployment
benefits and register for work, unless specifically exempt. I understand that RSA 282-A:161-165 provides
civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim
submitted for processing.”; and
(o) The claimant
shall then submit his or her claim by choosing the prompt “Certify Claim.”
(p) If the department is aware, based on
departmental records, that a claimant filing a reopened claim has had employment since his or her last filed initial or continued
claim, the department shall process the reopened claim as an additional claim
and shall direct the claimant to the “Initial Claim” form (ICF-07-18).
(q) To file an additional
claim, the
claimant shall complete and submit the “Initial Claim” form (ICF-07-18).
(1) For claimants filing an additional claim, the
department shall provide an updated list of employers and employment on the
“Initial Claim” form (ICF-07-18).
(2) By completing and certifying to the “Initial
Claim” form (ICF-07-18), a claimant filing an additional claim shall
acknowledge that the updated list of employers or employment is accurate.
(r) The claimant shall provide all requested
information and shall agree to the following certification by clicking on the
check box provided:
“I have reviewed all of the information that I have
provided by clicking on the + sign for each of the above sections and I certify
that the information provided is complete and correct. I further certify that I
am partially or totally unemployed. I hereby make this application for
determination of my eligibility to collect unemployment benefits and register
for work, unless specifically exempt. I
understand that RSA 282-A:161-165 provides civil and criminal penalties for
false statements made to obtain benefits.
I agree to all of the above and want my claim submitted for
processing.”; and
(s) The claimant shall then submit his or her
claim by choosing the prompt “Certify Claim.”
(t) A continued claim shall be allowed for the
week during which it is filed if:
(1) It is
timely filed in accordance with this section; and
(2) For a
claimant filing a paper continued claim pursuant to subsection (b)(3)
above, he or she has been instructed or permitted by the department to file by
paper because he or she is unable to file in accordance with (b)(1)
or (2).
(u) A continued claim filed on-line shall be
timely if:
(1) The application on which it is filed is
active; and
(2) The continued claim is filed:
a. After 12:00 midnight on Saturday of the week
claimed; and
b. Within 7 calendar days of the date of the
last day of the week claimed.
(v) A continued
claim filed by telephone shall be timely if:
(1) The application on which it is filed is
active; and
(2) The continued claim is filed:
a. After 12:00 midnight on Saturday of the week
claimed; and
b. Within 7 calendar days of the date of the
last day of the week claimed.
(w) A continued
claim filed by mail shall be timely if:
(1) The application on which it is filed is
active; and
(2) The continued claim is postmarked:
a. After 12:00 midnight on Saturday of the week
claimed; and
b. Within 7 calendar days of the date of the
last day of the week claimed.
(x) A continued
claim filed in person shall be timely if it is filed on the date and time
assigned by the department.
(y) A continued claim
shall be considered timely if adjusted as follows:
(1) If the
claimant needs the assigned filing date adjusted ahead or back one business day
because filing on the assigned date is prevented due to the necessity of
attending a job interview scheduled by a prospective employer and the claimant
requests such adjustment to the assigned filing date before the originally
assigned filing date has passed, then the filing will be timely if the claimant
files on or before the new adjusted date.
(2) If a claimant is prevented from filing a
continued claim within the applicable time period at Emp 501.04 (u), (v), (w)
or (x) due to the claimant’s own illness or injury, but files on the next
business day after the end of the illness or injury the claim shall be
timely except that, if the illness or injury lasts more than 7 days,
the time period for filing shall not be adjusted unless the claimant provides a
medical report within 7 days of the end of the illness or injury;
(3) If a claimant is prevented by an act of God
or the operation of law from filing within the applicable time period at Emp
501.04 (u), (v), (w) or (x) the claim shall be timely if the claimant files on
the next business day following the time period during which the claimant was
prevented from filing. “Act of God” for purposes this subsection means
lightning, earthquake, floods and similar events; and
(4) If a claimant is prevented from filing within
the applicable time period at Emp 501.04 (u), (v), (w) or (x) due to the death
of a spouse or the claimant’s or the claimant’s spouse’s father, mother, son,
daughter, brother, sister, grandmother, grandfather, grandson, granddaughter,
great grandmother, great grandfather, great grandson, great granddaughter,
aunt, uncle, niece, nephew, great uncle, great aunt, great niece, great nephew,
first cousin, or step family members of the same relationship, but did file
within 5 days of the date of death. If
the fifth day falls on a day that the department is not open for business,
filing on the department’s next business day shall be timely.
(z)
A reopened or additional claim shall be allowed as provided for initial
claims by Emp 501.03(j) and (k).
Source. #2234, eff 1-1-83; ss by #2930,
eff 12-21-84, EXPIRED: 12-21-90
New. #5150, eff 5-6-90; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97; ss by #7253, eff 4-30-00; amd by #7993, eff 11-26-03; ss by #8157, eff 9-5-04; ss by
#9359, EMERGENCY RULE, eff 1-9-09, EXPIRED: 7-8-09
New. #9529, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; ss by #12589, eff 7-23-18
Emp 501.05 Filing
a Claim After Starting Work.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84;
ss by #3154, eff 12-2-85; ss by #5150, eff 5-6-91; ss by #6308, eff 9-1-96; ss
by #7254, eff 4-30-00, EXPIRED: 4-30-08
Emp 501.06 Effective
Date of Claim. The effective date of
a claim filed as required under this rule shall be the first day of the week
applicable to such claim
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5150, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #10673, eff 9-22-14
Emp
501.07 Bi-Weekly Filing. -
REPEALED
Source. #3154, eff 12-2-85, EXPIRED: 12-2-91
New. #5816, eff 4-22-94, EXPIRED: 4-22-00
New. #8158, eff 9-5-04; rpld
by #9529, eff 8-17-09
Emp 501.08 Profiling
and Reemployment Services.
(a) The commissioner shall utilize a statistical profile
to determine whether a claimant is likely to be unemployed long-term.
(b) The statistical profile shall be based on
the:
(1) Claimant’s month of filing the initial claim;
(2) Industry exhaustion rate of claimant’s industry
at time of the claimant’s separation from employment;
(3)
Claimant’s education level;
(4)
Claimant’s high quarter wage rate;
(5) Claimant’s wage replacement
rate;
(6) Delay between claimant’s time
of separation from employment and filing a claim for unemployment benefits; and
(7) Similar factors which have
been shown to statistically correlate to the length of time a claimant is
likely to be unemployed.
(c) The commissioner
shall, based on staff resources, direct a claimant to report at a set time and
date to the most convenient office of the department or of an agency designated
by the department, in order to participate in reemployment services. Such
direction shall occur if the commissioner determines that the claimant has been
identified as likely to be unemployed long-term.
(d) Failure to report or participate as directed
for reemployment services shall result in disqualification for benefits for the week in which such failure occurs unless the
commissioner determines, based on available information that the claimant had
good cause for failing to report.
(e) For purposes
of (d) above, good cause shall include:
(1) Illness, accident, the death of a family
member, or similar problem beyond the control of the claimant;
(2) The claimant having previously accepted
similar employment services; or
(3) A change in
circumstances which renders the claimant as no longer being likely to be
unemployed long-term.
Source. #5976, eff 2-1-95; ss by #7620, eff 12-30-01;
ss by #9529, eff 8-17-09; ss by #12480, INTERIM, eff 2-16-18, EXPIRES: 8-15-18;
ss by #12589, eff 7-23-18
Emp 501.09 Wage
Voucher. - REPEALED
Source. #7255, eff 4-30-00; rpld
by #7620, eff 12-30-01
Emp
501.10 Wages During Week Claimed.
(a) A claimant who files a claim for a week
during which the claimant performed services for which payment has been
received or for which payment is owed shall, when filing such claim, provide
any of the following information requested by the department:
(1) The amount
of such paid or payable gross wages;
(2) The name
and address of the employing unit from which such paid or payable gross wages
were earned;
(3) Whether the
claimant performed all the work available; and
(4) The reason,
if any, for failing to perform all available work.
(b) A claimant who files a claim for a week
during which the claimant performed no services, but during which or for which
the claimant received vacation pay, severance pay, bonus pay, holiday pay,
supplemental employment benefits, wages in lieu of notice, periodic payment of
any nature, or similar payment, shall, when filing such claim, provide any of
the following information requested by the department:
(1) The gross
amount of such payment;
(2) The name
and address of the employing unit from which such payment was received; and
(3) The nature
of and the reasons for the payment.
(c) If the department determines that information
provided by a claimant pursuant to (a) or (b) above might be inaccurate,
incomplete, or otherwise require clarification, the department shall request
such
information from the claimant or from any employer as necessary to
complete, clarify or confirm the information provided by the claimant
pursuant to (a) or (b) above.
Source. #7620, eff 12-30-01; ss by #9626, INTERIM,
eff 12-30-09, EXPIRES: 6-28-10; ss by #9740, eff 6-26-10; ss by #12613, eff
8-23-18
Emp 501.11 Employment Services.
(a) The commissioner shall require a claimant to
report for employment services if the commissioner determines that it is
necessary:
(1) To verify the individual's
efforts to obtain employment;
(2) To determine if the
individual is likely to be unemployed long term;
(3) To provide the individual
with services which may assist the individual in becoming employed; or
(4) For other similar
purposes that will aid the commissioner in providing appropriate services to
the individual.
(b) Claimants who report for employment services
shall provide upon request of the commissioner complete information of all
efforts to obtain employment made by the claimant:
(1) During all weeks claimed
since the individual's initial claim if the individual has not previously
reported for employment services; or
(2) During all weeks claimed
since the individual's last scheduled appointment for employment services to
which the individual reported, if the individual has previously reported for
employment services.
(c) A claimant previously employed full-time
or part-time who has obtained reasonable assurance from his or her employer
that the claimant's layoff will be fewer than 4 weeks shall not be scheduled
for employment services unless such employer shall fail to provide full-time
or part-time employment to the claimant in fewer than 4 weeks.
(d) A claimant exempt from reporting for
employment services pursuant to Emp 501.11(c) shall not be required to actively
seek work and provide the commissioner with documentation of efforts to
obtain employment for any week during such exemption.
(e)
A claimant exempt from
reporting for employment services pursuant to Emp 501.11(c) shall,
notwithstanding such exemption, attend a benefits orientation session.
(f) For purposes of (c) above, “fewer than 4
weeks” means 27 or fewer calendar days and is calculated from the last day
worked to the return to work date.
(g) For purposes of (c) above, “reasonable
assurance” means that it is more likely than not that employment shall commence
within the required time frame.
(h) Factors to be considered by the commissioner
in determining whether employment is more likely than not shall include but not
be limited to information which is available concerning:
(1) The existence of a contract;
(2) A written or oral
communication from the employer stating that the claimant will be provided an
opportunity to perform services;
(3) Whether the time frame
within which the employment is to be provided is determined;
(4) Whether the offer of
employment is contingent;
(5) The employer’s industry;
(6) The nature of the offered
employment;
(7) The employer’s financial
strength; and
(8) The employer’s past
performance in providing offered employment.
(i) A claimant previously employed full-time
or part-time who has obtained a definite return to work date from the
claimant’s employer, which occurs within the time period specified in RSA
282-A:31, I(d)(5) calculated from the last day of work, shall not be scheduled
for employment services unless such employer fails to provide full-time
or part-time employment to the claimant within said time period.
(j) A claimant exempt from reporting for
employment services pursuant to Emp 501.11(i) shall
not be required to actively seek work and provide the commissioner with
documentation of efforts to obtain employment for any week during such
exemption.
(k)
A claimant exempt from reporting for employment services pursuant to Emp
501.11(i) shall, notwithstanding such exemption, attend a benefits orientation
session.
(l) For purposes of (i)
above, “within the time period specified in RSA 282-A:31, I(d)(5)” means that
the number of weeks exempted in accordance with RSA 282-A:31, I(d)(5) are
multiplied by 7 to arrive at the number of days of such exemption.
(m) If the return to work date calculated from
the last day of work results in the same or fewer calendar days than the multiplied
number, as specified in (l) above, then the work search waiver requirements
under (i)
above shall be satisfied.
(n) For purposes of (i)
above, “definite return to work” means that the claimant has been given a
guarantee of employment which is to begin as a regular and continuous work
schedule within the time period specified in RSA 282-A:31, I(d)(5) calculated
from the last day of work and which is not contingent on the occurrence of any
foreseeable intervening event.
(o) A “regular and continuous work schedule”
means
the return to activities and a schedule comparable to that performed
prior to being laid off. It
does not include any day of work during such time period specified in RSA
282-A:31, I(d)(5) unless it falls immediately prior to the start of the
claimant’s regular and continuous work schedule.
(p) Factors to be considered by the commissioner
in determining whether there is a guarantee of employment shall include but not
be limited to information which is available concerning:
(1) The existence of a contract;
(2) A written or oral
communication from the employer stating that the claimant will be provided an
opportunity to perform services;
(3) Whether the time frame
within which the employment is to be provided is determined;
(4) Whether the offer of
employment is contingent;
(5) The employer’s industry;
(6) The nature of the offered
employment;
(7) The employer’s financial
strength; and
(8) The employer’s past
performance in providing offered employment.
(q) If a claimant is exempted
from the requirements in Emp 501.12, he or she shall also be exempted under Emp
501.11.
Source. #7620, eff 12-30-01; ss by #9627, INTERIM,
eff 12-30-09, EXPIRES: 6-28-10; ss by #9741, eff 6-26-10; ss by #10193,
INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New.
#10329-B, eff 5-7-13; ss by #12856, INTERIM, eff
8-22-19, EXPIRES: 2-18-20; ss by #12978, eff 1-22-20
(a) Unless exempted
under RSA 282-A:31, III, or Emp 501.11 or both, no benefits shall be paid to
any individual for a week of unemployment unless the individual is searching
for suitable work.
(b) Suitability of
work shall be determined utilizing the criteria listed at RSA 282-A:32, I(d)(1)
and (2) and the limitations listed at RSA 282-A:32, I(d)(3).
(c) The commissioner
shall waive the requirement that a claimant is actively seeking work if the
commissioner finds that:
(1) The claimant is involved in a temporary
layoff and has a reasonable assurance of returning to work in fewer
than 4 weeks;
(2) The claimant is involved in a strike,
lockout, or other labor dispute;
(3) The claimant is likely to find work
through a union hiring hall;
(4) The claimant has accepted a confirmable offer
of permanent full-time new employment with reasonable assurance of it commencing
in fewer than 15 calendar days;
(5) For those claimants only required to search
for part-time work, the claimant has accepted a confirmable offer of
permanent part-time new employment of 20 hours or more with reasonable
assurance of it commencing in fewer than 15 calendar days; or
(6) A claimant previously employed full-time
or part-time has obtained a definite return to work date from the claimant’s employer, which occurs within the time period
specified in RSA 282-A:31, I(d)(5) calculated from the last day of work, unless such employer
fails
to provide full-time or part-time employment to the
claimant within said time period.
(d) For purposes of (c)(1), (4), and (5) above, “reasonable assurance” means that
it is more likely than not that employment shall commence within the required time frame.
(e) For purposes of
(c)(1) above, “fewer than 4 weeks” means 27 or fewer calendar
days and is calculated from the last day worked to the return to work
date.
(f) Factors to be
considered by the commissioner in determining whether employment is more likely
than not shall include but not be limited to information which is available
concerning:
(1) The existence of a contract;
(2) A written or oral communication from the
employer stating that the claimant will be provided an opportunity to perform services;
(3) Whether the time frame within which the
employment is to be provided is determined;
(4) Whether the offer of employment is
contingent;
(5) The employer’s industry;
(6) The nature of the offered employment;
(7) The employer’s financial strength; and
(8) The employer’s past performance
in providing offered employment.
(g) For purposes of
(c)(6) above, “within the time period specified in RSA 282-A:31, I(d)(5)” means
that the number of weeks exempted in accordance with RSA 282-A:31, I(d)(5) are multiplied
by 7 to arrive at the number of days of such exemption.
(h) If the return to
work date calculated from the last day of work results in the same or
fewer calendar days than the multiplied number, as specified in (g) above, then
the work search waiver requirements under (c)(6) above shall be satisfied.
(i) For purposes of (c)(6) above, “definite
return to work” means that the claimant has been given a guarantee of
employment which is to begin as a regular and continuous work schedule within
the time period specified in RSA 282-A:31, I(d)(5) calculated from the last day
of work and which is not contingent on the occurrence of any foreseeable
intervening event.
(j) A “regular and continuous
work schedule” means the return to activities and a schedule comparable to that
performed prior to being laid off. It
does not include any day of work during such time period specified in RSA
282-A:31, I(d)(5) unless it falls immediately prior to the start of the
claimant’s regular and continuous work schedule.
(k) Factors to be
considered by the commissioner in determining whether there is a guarantee of
employment shall include but not be limited to information which is available
concerning:
(1) The existence of a contract;
(2) A written or oral communication from the
employer stating that the claimant will be provided an opportunity to perform
services;
(3) Whether the time frame within which the
employment is to be provided is determined;
(4) Whether the offer of employment is
contingent;
(5) The employer’s industry;
(6) The nature of the offered employment;
(7) The employer’s financial strength; and
(8) The employer’s past performance in providing
offered employment.
(l) A claimant exempt from
searching for work under this section shall notwithstanding such exemption be
required to attend a benefits orientation session.
Source. #7620, eff 12-30-01; ss by #9627, INTERIM,
eff 12-30-09, EXPIRES: 6-28-10; ss by #9741, eff 6-26-10; ss by #10193,
INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New.
#10329-B, eff 5-7-13; ss by #12856, INTERIM, eff 8-22-19, EXPIRES:
2-18-20; ss by #12978, eff 1-22-20
\
Emp 501.13 Claims
Filed Over the Internet. RESERVED
Source. #7993, eff 11-26-03; ss by #9359, EMERGENCY
RULE, eff 1-9-09, EXPIRED: 7-8-09
New. #9529, eff 8-17-09; ss by #12480, INTERIM,
eff 2-16-18, EXPIRES: 8-15-18; rpld by #12589, eff
7-23-18
Emp
501.14 Failure to Report for
Employment Services.
(a) Employment services as referenced in Emp
501.11 and in this section shall include assessment, counseling, job clubs,
job placement services, job search assistance, job search workshops,
provision of occupational and labor market information, testing, referrals to
employers, referrals to training and educational resources and programs, and
similar services.
(b) Employment
services shall be scheduled when claimants are initially claiming benefits or
at any point during the claim filing process.
If a claimant is deemed to require additional
assistance, or has been selected to attend compulsory employment services,
they shall be scheduled for one-on-one appointments when feasible for the
department based upon available funding and other resources.
(c) Claimants
shall attend scheduled employment services, including ongoing
orientation meetings and workshops, and one-on-one appointments scheduled for
those deemed to require additional assistance or for those who have been
selected to attend compulsory employment services.
(d) A claimant who fails to report
for one-on-one appointments scheduled for
claimants deemed to require additional assistance, or who have
been selected to attend compulsory employment services pursuant to Emp 501.11(a), or fails
to provide all information requested pursuant to Emp 501.11(b) shall be
deemed to not have reported as required by RSA 282-A:31, I(a) for the week in
which such failure occurs, and for each week thereafter in which such failure
continues unless the commissioner determines the individual had good cause for
such failure.
(e) A claimant
who fails to report for the second appointment of any orientation meeting or
workshop, whether scheduled in group or individual sessions pursuant to Emp
501.11(a), or fails to provide all information requested pursuant to Emp
501.11(b) shall be deemed to not have reported as required by RSA 282-A:31,
I(a) for the week in which such failure occurs, and for each week thereafter in
which such failure continues unless the commissioner determines the individual
had good cause for such failure.
(f) The commissioner shall find good cause based
on the following circumstances:
(1) Illness,
accident, death of a family member, or similar unanticipated event beyond
the control of the claimant which conflicts with the
scheduled employment services provided that the conflict is communicated to the
department within 7 days of the date on which the failure
occurred: or
(2) Being
scheduled for work, a job interview, medical appointment, funeral, or similar
anticipated event which conflicts with the scheduled employment services and
which was communicated to the department prior to failure to report.
Source. #7993, eff 11-26-03; ss by #9529, eff 8-17-09;
ss by #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-B, eff 5-7-13; ss by #13757, eff
9-26-23
Emp 501.15 Part-time
Availability and Shift Availability.
Source. #8550, INTERIM, eff 1-26-06, EXPIRED: 7-25-06;
ss by #8677, eff 7-8-06; ss by #9241, INTERIM, eff 8-26-08, EXPIRES: 2-22-09;
ss by #9389, eff 2-13-09, EXPIRED: 2-13-07
PART
Emp 502 UNEMPLOYMENT COMPENSATION
PAYMENTS
Emp 502.01 Where
and How Payments Made.
(a) Benefits paid to
an eligible individual shall be deemed to be paid through an employment office
where any or all of the steps relating to the determination of a claimant's
eligibility for benefits are made by or at an employment office.
(b) Unless a
claimant has elected to receive payment by direct deposit to the claimant's
bank account, payment shall be made by mailing a check to the claimant's last
address as reported to the department of employment security.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5151, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #9529, eff 8-17-09;
ss by #12480, INTERIM, eff 2-16-18, EXPIRES: 8-15-18; ss by #12589, eff 7-23-18
Emp 502.02 Benefits
Due Deceased Claimants.
(a) Upon the death
of any claimant for benefits, and in the event it is determined by the
commissioner that benefits have accrued and are due and payable to such
claimant and remain wholly or partially unpaid at the time of such claimant's
death, or in the event there has been issued and unpaid one or more benefit
checks, such checks for such benefits shall, upon application therefor, be paid to the duly qualified administrator or
executor of the estate of the deceased claimant.
(b) In the event
that because of insufficient assets to justify the expense of formal
administration no administrator or executor is appointed to administer the
estate of the deceased such benefits shall be paid in the following order:
(1) If such deceased shall be survived by a
spouse the amount of the benefits shall be paid to such spouse;
(2) If no spouse survives such deceased, and the
deceased is survived by an unemancipated minor child or children, then the
amount of such benefit or benefits shall be paid:
a. To the guardian or guardians of such minor
child or children for the benefit of such child or children;
b. To any person or institution who or which the
commissioner finds shall have the obligation of providing support and
maintenance for such minor child or children; or
c. To any person who the commissioner finds has
furnished necessaries to such child or children of the value equaling or
exceeding the amount of such benefit or benefits;
(3) If such deceased is not survived by a spouse
or unemancipated minor child then the amount of any benefit or benefits due
such deceased shall be paid to the deceased claimant's heir or heirs-at-law as
prescribed by and in the order delineated in RSA 561, as amended; and
(4) If such deceased is not survived by a spouse
or unemancipated minor child, or any heir or heirs-at-law such as described in
(3) above, then the amount of any benefit or benefits due such deceased shall
be paid to any governmental agency which the commissioner finds shall have
borne the burial expense of such deceased claimant.
(c) Payment
referenced in (b)(4) above shall be the lesser of:
(1) The amount of the accrued benefits; or
(2) The burial expense borne by such governmental
agency.
(d) Applications for
payment of such benefit or benefits shall, in all cases, be made in writing
within 3 months after the death of the deceased, provided that the
commissioner, upon a showing that failure to file timely was due to accident,
mistake or misfortune and not through neglect shall extend the time for filing
such application.
(e) The claim for
benefits, if made by an individual other than executor or administrator, shall
be supported by an affidavit by such individual making such claim, setting
forth his relationship to the deceased in the order listed above, and shall be
further supported by an official certificate of the death of the deceased. In
the event that the claim for benefits is made by governmental agency, such
claim shall be supported by an affidavit of a duly appointed representative of
such agency, stating further the amount which such agency has paid for the
burial of such claimant and for which it is not to be reimbursed from any other
source, together with the required official certificate of death.
(f) All benefit
checks issued directly to the deceased shall be returned to the commissioner
for cancellation, or where such checks cannot be obtained by the person
requesting payment of benefits due the deceased, such failure shall be
explained before any funds shall be paid in lieu thereof.
(g) Payment in
accordance with this rule shall be deemed payment within the meaning of RSA
282-A:24, and shall fully discharge the commissioner of his obligation in
respect to such benefit or benefits. In the event no claim is made for benefits
due a deceased claimant within the time limit specified above or any extension
thereof, the benefit or benefits in question shall be considered to remain and
be a part of the fund.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5151, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #10673, eff 9-22-14
Emp
502.03 Overpayment Without Fault.
(a) For the purposes of RSA 282-A:165, II of the
New Hampshire unemployment compensation law an individual who has received
benefits later found to be overpaid shall be without fault in causing the
overpayment where:
(1) Such
individual is paid benefits which should not have been paid because the
authorized representative of the commissioner either had and failed to use, or
did not attempt to obtain, information which the authorized
representative had reason to know existed and which was necessary to
make a correct decision;
(2) Such
individual is paid benefits based in whole or in part on annual earnings
incorrectly assigned to the individual, except the amount of benefits
determined in whole or in part upon annual earnings listed as being wages paid
by an employer for whom the claimant performed no services within the affected
base year;
(3) Such
individual is paid benefits after the individual has exhausted the maximum
benefits available to the individual;
(4) Such
individual is paid benefits with respect to any week for which the individual
has been previously determined to be disqualified or ineligible;
(5) Such
individual is paid benefits where such benefits were paid due to an authorized
representative of the commissioner incorrectly computing wages under RSA
282-A:32, and such representative at the time had the information necessary for
a correct computation; or
(6) Such
individual was without fault under Emp 502.03(b).
(b) For the purposes of RSA 282-A:165, II of the
New Hampshire unemployment compensation law an individual who has received
benefits later found to be overpaid shall be with fault in causing the
overpayment where the overpayment resulted totally or partially from:
(1) The individual making a material statement or
representation which the individual knew or should have known was inaccurate;
(2) The individual failing or causing another to
fail to disclose a material fact which the individual knew or should have known
was material; or
(3) The
individual failing to return checks which the individual knew or should have
known were not due.
(c) In determining whether the individual knew or
should have known under (b) above, the commissioner shall consider the totality
of the circumstances, taking into account any physical, mental, educational or
linguistic limitations, including any lack of facility with the English
language the person has, in applying the following factors to the individual:
(1) The individual's understanding of the
reporting requirements;
(2) The requirements communicated to the
individual to report events affecting payments;
(3) Knowledge of the occurrence of events that
should have been reported;
(4) Efforts to comply with the reporting
requirements;
(5) Opportunities to comply with the reporting
requirements;
(6) Understanding of the obligation to return
checks which were not due; and
(7) The extent to which
the individual was unable to comply with
reporting requirements due to age, comprehension, memory, physical, mental,
educational, linguistic, English language proficiency, or similar limitations.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5152, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #9628, INTERIM, eff
1-1-10, EXPIRED: 6-30-10
New. #9745, eff 7-1-10; ss by #12613, eff 8-23-18
Emp 502.04 Basis
for Computation of Annual Earnings.
The basis for computation of annual earnings for an individual shall be
such reports of wages as are required under RSA 282-A from employers. In the event such reports are not filed or
are incomplete, the department shall determine annual earnings based on other
credible information.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5151, eff 5-6-91; ss by #6504, INTERIM, eff
5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #10673, eff 9-22-14
Emp 502.05 Deduction
and Withholding From Benefits.
(a) A claimant, when
filing an initial claim may elect to have federal income
tax deducted and withheld from the individual's payment of unemployment
compensation at the amount specified in the federal Internal Revenue Code.
(1) The calculation of the tax to be deducted and
withheld shall be based on the amount payable to the individual prior to any
withholding for any overpayments of any unemployment compensation or deductions
for child support obligations.
(2) An individual may change his or her election
regarding the withholding of income tax from benefit payments at any time by:
a. Written notice to the department; or
b. By changing his or her election when
completing “Initial Claim” form (ICF-07-18), while filing a reopened or
additional claim.
(b) Amounts deducted and withheld from unemployment
compensation shall remain in the unemployment fund until transferred to the
federal, state, or local taxing authority as a payment of income tax.
(c) The commissioner
shall follow all procedures specified by the United States Department of Labor
and the federal Internal Revenue Service pertaining to the deducting and
withholding of income tax.
(d) Amounts shall be
deducted and withheld in the following order:
(1) Withholding for any overpayments of
unemployment compensation owed to the State of New Hampshire;
(2) Deductions for child support obligations;
(3) Withholding for any overpayments of
unemployment compensation owed to any state other than the State of New
Hampshire; and
(4) Federal income tax withholding.
(e) Any deduction or
withholding shall be limited to the funds available resulting from the
application of Emp 502.05(d).
(f) Amounts to be
deducted or withheld shall be rounded to the nearest whole dollar by:
(1) Dropping amounts under 50 cents to the next
lower dollar; and
(2) Increasing amounts from 50 cents to 99 cents
to the next higher dollar.
Source. #6414, eff 1-1-97, EXPIRED: 1-1-05
New. #8471, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8627, eff 6-6-06; ss by #9529, eff 8-17-09;
ss by #12480, INTERIM, eff 2-16-18, EXPIRES: 8-15-18; ss by #12589, eff 7-23-18
Emp 502.06 Earnings
From Self-Employment.
(a) For purposes of
RSA 282-A:14, III(a), “earnings from self-employment” means every form of
remuneration for personal services, paid or payable, directly or indirectly to
the individual or to the individual’s business.
(b) An individual
shall be considered self-employed if the individual would, upon terminating his
or her current activities, be considered under Emp 503.03(a) to have been
previously self-employed or to have had a business.
(c) If an
individual’s remuneration for personal services is earned from the sale of
goods, the cost of sold goods to the individual shall be deducted to determine
earnings from self-employment.
(d) Cost of sold
goods shall only include:
(1) The cost, paid or payable, of the goods to
the individual;
(2) The costs to the individual for delivery of
the goods to the individual;
(3) If the goods were delivered directly to the
individual’s customer rather than first being delivered to the individual, the
cost to the individual for delivery of the goods to the customer; and
(4) The cost to the individual for personal
services of others if:
a. The cost is not inflated over market value;
b. The services were actually performed; and
c. A reasonably prudent person would have
incurred the cost of the personal services.
(e) Cost of such
goods shall not include:
(1) Cost of inventory;
(2) Office expenses;
(3) Depreciation;
(4) Advertising;
(5) Repayment of a loan;
(6) Transportation, personal services or delivery
costs other than those listed in Emp 502.06(d); and
(7) Any other business expense which:
a. Increases the book value of the business;
b. Anticipates the decrease in value of an asset
due to obsolescence or use;
c. Benefits the business over an indefinite
period of time; or
d. Is not attributable to a particular sale.
(f) Earnings from
self-employment shall be deemed to have been received by the individual in such
week or weeks in which the individual performed the services which entitle the
individual to such earnings.
Source. #7993, eff 11-26-03, EXPIRED: 11-26-11
New. #10500, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10628, eff 6-30-14
Emp
502.07 Application of Wages.
(a) For purposes of RSA 282-A:14, III(a) “sums of
whatever type or nature” shall include a stay bonus, retention bonus, longevity
pay, attendance pay, and similar payments.
(b) Wages as defined at RSA 282-A:14, III(a)
shall, when paid in a lump sum to an individual or payable in a lump sum but
for the individual’s election otherwise, be prorated following the individual’s
last date of employment with the employer, based on the individual’s usual weekly
pay, not including overtime.
(c) “Plan” as used in RSA 282-A:14, III(a) shall:
(1) Include
plans intended to benefit individuals upon retirement; and
(2) Not include
plans intended to benefit only individuals who:
a. Volunteer to
separate from employment by a certain date; or
b. Do not
voluntarily separate from employment prior to a certain date.
(d) For purposes of RSA 282-A:14, III(a), a plan
shall be deemed to have vested in an individual before the date of separation
if:
(1) The
individual had a present right or title in the plan; and
(2) The
individual’s right to payments under the plan was not dependent on an uncertain
future event.
(e) If the commissioner finds
the proration of wages pursuant to Emp 502.07(b) would prevent or terminate the
eligibility of an individual for health insurance premium tax credits
authorized under the Patient Protection and Affordable care Act (ACA, P.L.
111-148, as amended) the commissioner shall adjust the proration of wages
pursuant to Emp 502.07(b) to the minimum extent necessary to allow an
individual to become eligible for or maintain eligibility for such tax credits.
Source. #7993, eff 11-26-03, amd
in Emp 502.07(e) by #8629, EMERGENCY, eff 5-10-06; paragraph (e) EXPIRED:
11-6-06; ss by #8948, eff 7-21-07; ss by #10973, eff 11-12-15
Emp 502.08 Waiting Week.
(a) An individual shall have served the waiting
period of one week required under RSA 282-A:31,I(h) after a week is treated by
the department as meeting all of the requirements of that subparagraph.
(b) After a week is treated by the department as
meeting all of the requirements of RSA 282-A:31,I(h), the subsequent discovery
that all such requirements were not met shall not affect the treatment of the
individual as having served the waiting period of one week.
Source. #9628, INTERIM, eff 1-1-10, EXPIRED: 6-30-10
New. #9745, eff 7-1-10; ss by #12613, eff 8-23-18
Emp
502.09 Penalty Weeks under RSA
282-A:164.
(a) "Count" means:
(1) An act or
omission, or combination of actions or omissions, which constitutes willfully
making a false statement or representation or knowingly failing to disclose a
material fact under RSA 282-A:164; and
(2) Failure to
report to the department upon filing for a week of benefits a prior count under
(a)(1) above which, if revealed to the department, would have disqualified the
claimant from receiving benefits for the week for which the individual was filing, if such individual certified in the filing for
such week that the individual had not previously
provided false information or failed to disclose information about the
individual's employment history, employment status, earnings, availability for
work, or anything else affecting the individual's eligibility for benefits.
(b) The department shall have the burden to prove
a count by clear and convincing evidence.
(c) "Penalty week" means one of the 4 to
52 weeks of ineligibility imposed on an individual determined to have committed
an act or omission under RSA 282-A:164.
(d) Individuals who within 6 years of an initial
determination issued under RSA 282-A:164 have neither, previously been
convicted under RSA 282-A:161, nor previously been finally determined to have
committed an act under RSA 282-A:164, shall be assessed 4 penalty weeks for
each count meeting the definition in (a)(1) above concerning:
(1) Refusal of
suitable work;
(2) Inability
to work;
(3) Unavailability
to work;
(4) Work search;
or
(5) Any
other count not included under paragraphs (e) or (f).
(e) Individuals who within 6 years of an initial
determination issued under RSA 282-A:164 have neither, previously been
convicted under RSA 282-A:161, nor previously been finally determined to have
committed an act under RSA 282-A:164, shall be assessed 6 penalty weeks for
each count meeting the definition in (a)(1) above concerning:
(1) Unreported
work;
(2) Unreported,
or under reported, receipt of earnings;
(3) Unreported,
or under reported, receipt of vacation pay, holiday pay, severance pay, bonus
pay, or similar pay;
(4) Voluntary quit
of suitable work; or
(5) Misconduct
discharge.
(f) Individuals who within 6 years of an initial
determination issued under RSA 282-A:164 have neither, previously been
convicted under RSA 282-A:161, nor previously been finally determined to have
committed an act under RSA 282-A:164, shall be assessed 8 penalty weeks for
each count meeting the definition in (a)(1) above concerning:
(1) Unreported
work and earnings, including self-employment; or
(2) Incarceration.
(g) Individuals who within 6 years of an initial
determination issued under RSA 282-A:164 have neither, previously been
convicted under RSA 282-A:161, nor previously been finally determined to have
committed an act under RSA 282-A:164, shall be assessed 2 penalty weeks for
each count meeting the definition in (a)(2) above.
(h) Individuals who within 6 years of an initial
determination under RSA 282-A:164 have either previously been convicted under
RSA 282-A:161, or previously been finally determined to have committed an act
under RSA 282-A:164 shall be assessed 52 penalty weeks for any count meeting
the definition in (a)(1) above.
(i) In a decision
under RSA 282-A:164, the total number of penalty weeks imposed pursuant to
paragraphs (d) through (h) above shall not exceed the statutory maximum of
52 weeks.
(j) A decision under RSA 282-A:164, which is
appealable to the appeal tribunal, shall comply with Emp 211.
Source. #10708, eff 10-27-14
PART Emp 503
TERMINATION OF EMPLOYMENT
Emp
503.01 Voluntary Quit Without Good
Cause.
(a) An individual shall be considered to have
left the individual's work voluntarily without good cause if:
(1) Of the
individual's own choice or volition the individual terminates the
employee-employer relationship for a reason which is not attributable to the
employer; or
(2) The
individual is separated from employment because the individual is unable to
perform essential job functions due to the individual's own voluntary negligent
or deliberate actions which caused the individual to not possess a necessary
license, certification, or similar requirement.
(b) The reason for an individual becoming
unemployed shall be deemed attributable to the employer if:
(1) The
individual was seeking to return for work with the employer immediately
following a period:
a. Throughout which the individual was unable to work due to a work-related illness or injury which was not the individual’s
fault under RSA 281-A:14, and the employer is unable to return the individual
to the individual’s job or to comparable work; or
b. During which
the individual was out of work on a leave of absence, and the employer is
unable to return the individual to the individual's job or to comparable work
due solely to:
1. A reduction
in force involving such work; or
2. Other
economic conditions; and
(2) The
individual exercised all the individual's rights, or did all those things which
a reasonable prudent person would have done, to continue the employee-employer
relationship or the possibility of re-employment, for and during the period the
individual was so unable to work.
(c) Leave of absence as used in this section
means agreement by the employer to continue the employee-employer relationship
or to return the individual to work when the individual is able to so return to
the individual's usual work in accordance with the requirements of the
employer.
(d) Whenever an individual becomes unemployed by
reason of the application of any type of seniority rules created by or accepted
by the employer, such unemployment shall be deemed attributable to the
employer.
Source. #2234, eff 1-1-83; ss by #2930, eff 12-21-84,
EXPIRED: 12-21-90
New. #5153, eff 5-6-91; ss by #6415, eff 1-1-97,
EXPIRED: 1-1-05
New. #8471, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8627, eff 5-6-06; ss by #9629, INTERIM, eff
12-30-09, EXPIRED: 6-28-10
New. #9746, eff 7-1-10; ss by #12613, eff 8-23-18
Emp 503.02 Voluntary
Leaving of Incidental Employment.
(a) For purposes of
this section, “incidental employment” means employment held concurrently with
an individual’s permanent, full-time employment.
(b) An individual
shall not be disqualified under RSA 282-A:32, I(a) for leaving incidental
employment which he already held prior to his becoming unemployed from his
full-time position if the leaving was not from an employer whose “separate
account” under RSA 282-A:74 is or becomes chargeable, and either:
(1) The leaving, if after the end of the
full-time employment, was prior to the individual’s working at the incidental
employment for more than 4 consecutive weeks following the end of the full-time
employment, and either:
a. The incidental employment was not suitable
work as defined at RSA 282-A:32, I(d)(1) and (d) (2); or
b. The incidental employment became unsuitable
work as defined at RSA 282-A:32, I(d)(1) as a result of:
1. The end of the full-time employment; or
2. Changes in circumstances made by the
individual which a reasonably prudent person would have made because of the end
of the full-time employment;
(2) The leaving, if from suitable work as defined
in RSA 282-A:32, I(d)(1) and (d) (2); and prior to the end of the
full-time employment, was without knowledge or belief that a layoff from the
full-time employment was likely; or
(3) The leaving was:
a. From suitable work as defined in RSA
282-A:32, I(d)(1) and (d) (2); and
b. Prior to the end of the full-time employment,
and either:
1. Without knowledge or belief that a layoff
from the full-time work was likely; or
2. Reasonably prudent under the circumstances.
(c) “Reasonably
prudent” for purposes of Emp 503.02(b) means:
(1) Careful investigation of the facts;
(2) Consideration of the circumstances;
(3) Rational judgment of possible consequences;
and
(4) The exercise of due care.
Source. #4350, eff 12-28-87, EXPIRED: 12-28-93
New. #5977, eff 2-1-95, EXPIRED: 2-1-03
New. #8158, eff 9-5-04, EXPIRED: 9-5-12
New. #10500, INTERIM, eff 12-31-13, EXPIRES:
6-30-14; ss by #10629, eff 6-30-14
Emp 503.03 Leaving of Self-Employment or Closing
Business.
(a) For purposes of RSA 282-A:32, I(e), an individual shall be considered to
have been previously self-employed or to have had a business if, as to an
entity or activity 3 or more of the following are true:
(1) The
individual was a sole proprietor, partner, officer, or director, both in name
and in fact;
(2) The
individual had an investment or was a stockholder;
(3) The
individual formed the entity or became involved in the activity in order to
create profits, which for purposes of this subparagraph shall include wages,
capital gains, dividends, salaries, commissions, bonuses, board, rent, housing,
payment in kind, insurance, disability plans, retirement, and similar
advantages, and benefits;
(4) The
individual controlled or had the right to control the business;
(5) The
individual had a spouse, parent, child, brother, sister, or step family member
of the same relationship who was either an officer, manager, director,
investor, stockholder, or partner, who controlled or who had the express or
implied right to control the business, and said family member either acceded to
the decisions of the individual or delegated rights or authority to the
individual; or
(6) The
individual performed services not required to be done by an officer or
director.
(b) For purposes of RSA 282-A:32, I(e):
(1) An
individual shall be deemed to have left the individual's self-employment or
closed the individual's business without regard to whether or not the
individual's reasons were personal, business, economic, legal, or initiated by
another party such as a bank, landlord, or creditor even if such party utilized
legal process such as eviction, foreclosure, attachment, cutting off credit
lines, or involuntary bankruptcy;
(2) An
individual who did not affirmatively dissent from a decision by partners,
stockholders, directors, and/or officers causing the individual to leave the
individual’s self-employment or close the individual's business shall be deemed
to have left the individual’s self-employment or closed the individual’s
business, even if the decision was a joint decision or a decision in which the
individual would have been outvoted had the individual dissented;
(3) An
individual shall not be deemed to have left the individual’s self-employment or
closed the individual's business if the leaving or closing was directly caused
by an act of God which would have prevented a reasonably prudent person making
all reasonable efforts to continue the individual's self-employment or business
from doing so; and
(4) An
individual shall not be deemed to have left the individual’s self-employment or
closed the individual's business if the leaving or closing was directly caused
by operation of law which would have prevented a reasonably prudent person
making all reasonably prudent efforts to continue the individual's
self-employment or business from doing so.
(c) For purposes of (b)(4) above, "operation
of law" means that:
(1) There is:
a. A new law;
b. A new
application of existing law; or
c. A change in
the law;
(2) The new
law, new application or change causes an effect on:
a. The individual;
or
b. The
individual's:
1.
Self-employment; or
2. Business;
(3) The effect
is without the act or cooperation of the individual; and
(4) The effect
is conducive to the individual either:
a. Leaving the
individual's self-employment; or
b. Closing the
individual's business.
(d) For purposes of (b)(4) above, "operation
of law" shall not include:
(1) Eviction,
foreclosure, attachment, involuntary bankruptcy, or other legal process; or
(2) Cutting off
credit lines, acceleration of a note, refusal to renew a lease, or other
termination or non-extension of a business or contractual right.
(e) For purposes of RSA 282-A:32, I(e), an
individual shall not be considered to have been previously self-employed or to
have had a business if the individual engaged in temporary self-employment
under the conditions set forth in RSA 282-A:33.
(f) For purposes of RSA 282-A:32, I(e), the
leaving of self-employment or closing of a business need not be permanent and
shall include seasonal and other temporary leavings and closings.
Source. #5978, eff 2-1-95; ss by #6416, eff 1-1-97,
EXPIRED: 1-1-05
New. #8471, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8627, eff 5-6-06; ss by #9742, eff 6-26-10;
ss by #12613, eff 8-23-18
Emp 503.04 Self-Employment.
Source. #5979, eff 2-1-95, EXPIRED: 2-1-03
Emp 503.05 End of
School Year.
(a) For purposes of
RSA 282-A:31, II, an individual shall be considered to be employed through June
30 in any year in which:
(1) The individual was employed:
a. By a school district;
b. Pursuant to a contract in which the
obligation to perform services expires on June 30 in such year;
and
(2) The individual has not prior to completion of
all obligations under such contract:
a. Resigned;
b. Been suspended without pay; or
c. Been dismissed.
(b) The provisions
of (a) above shall apply even if such individual has:
(1) Performed all services required under such
contract; and
(2) Been paid all wages payable under such
contract.
Source. #6417, eff 1-1-97, EXPIRED: 1-1-05
New. #8471, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8627, eff 5-6-06; ss by #10673, eff 9-22-14
Emp 503.06 Leaving Employment Necessary Due to
Domestic Abuse.
(a) The purpose of Emp 503.06 is to implement RSA
282-A:32, I(a)(3).
(b) “Domestic abuse” means “abuse” as defined in
RSA 173-B:1, I, by a family or household member or a former sexual or intimate
partner.
(c) “Family or household member” means “family or
household member” as defined in RSA 173-B:1, X.
(d) “Immediate family” means spouse, parent, and
minor child under the age of 18 whether the relationship is a biological,
adoption, step-, half-, or in-law relationship.
(e) “Intimate partner” means “intimate partner”
as defined in RSA 173-B:1, XV.
(f) The fact of domestic abuse shall be
established by a preponderance of the evidence.
(g) The department shall verify the existence of
domestic abuse through reasonable documentation.
(h) If the claimant has sought assistance in
addressing domestic abuse from a counselor, shelter worker, attorney, member of
the clergy, health worker, or other professional, reasonable documentation
shall include documentation from such professional.
(i) In addition to
reasonable documentation under Emp 503.06(h), the department shall accept any
other evidence that reasonably tends to prove domestic abuse.
(j) The department shall accept as evidence of
domestic abuse, but shall not require:
(1) An active or recently
issued protective or other order documenting domestic abuse; or
(2) A police record
documenting relevant domestic violence.
(k) Each determination under this section shall
be decided on its own merits taking into consideration the specific facts and
circumstances of the claimant, the employment, and the abuse involved.
(l) Upon an affirmative finding of the fact of
domestic abuse, the separation from employment shall not be disqualifying if
the commissioner determines that:
(1) The claimant reasonably
believed the separation from employment was necessary to protect the claimant
or any member of the claimant's immediate family from domestic abuse; or
(2) The claimant moved to a
location from which it would be impractical for him or her to commute to the
claimant's former employment in order, and based on a reasonable belief that
moving to the location was necessary, to protect the claimant or any member of
the claimant’s immediate family from domestic abuse.
(m) The factors in (n) shall be considered by the
commissioner in making the determination under paragraph (l) on a totality of
the circumstances basis, and the presence or absence of one or more of the
factors shall not be controlling.
(n) Factors to be considered shall include but
not be limited to whether:
(1) The abuse, or the
effects of the abuse, interfered with the claimant’s ability to work, travel,
or prepare for work;
(2) The claimant or any
member of the claimant’s immediate family needed to hide from the abuser at a
shelter or elsewhere in order to be safe;
(3) The abuse occurred as a
consequence of the claimant going to work; and
(4) The failure of the
claimant to separate from employment would make it more likely that the claimant
or any member of the claimant’s immediate family would be the victim of
domestic abuse.
(o) There shall be a presumption under Emp
503.06(l)(2) that it would be impractical for the claimant to commute to
the claimant's former employment if:
(1) The distance of the
commute from the location to which the claimant moved to the claimant’s
employment would have exceeded 50 miles; or
(2) The time necessary to
commute utilizing the means of transportation reasonably available to the
claimant from the location to which the claimant moved to the claimant’s
employment would have exceeded 50 minutes.
(p) The presumption at Emp
503.06(o) shall be overcome if the
commissioner finds after consideration of the means of transportation
reasonably available to the claimant at the location to which the claimant
moved:
(1) The commute from the
location to which the claimant moved to the claimant’s employment would have
been consistent with the commuting patterns of the locality of such new
location; or
(2) The time and distance
of the commute from the location to which the claimant moved to the claimant's
employment would not have been greater than the time and distance of the
claimant’s former commute to the claimant’s employment.
(q) Factors to be considered by the commissioner
in determining the commuting patterns of the location to which the claimant
moved shall include but not be limited to information which is available
concerning:
(1) The geographical area
of such location;
(2) The average commuting
distance of other individuals in the same location;
(3) The means of
transportation available to individuals in the same location;
(4) The geographical area
which encompasses employers which provide jobs of the type which the claimant
is seeking; and
(5) Any other factor which
helps in ascertaining the distance, time, cost, and means of transportation
commonly experienced by others living in the locality who offer similar or
related skills or services.
Source. #6833, INTERIM, eff 8-25-98, EXPIRED:
12-23-98; ss by #6868, eff 10-17-98, EXPIRED: 10-17-06
New. #8949, eff 7-21-07; ss by #9629, INTERIM, eff
12-30-09, EXPIRED: 6-28-10
New. #9746, eff 7-1-10; ss by #12613, eff 8-23-18
Emp 503.07 Leaving Employment for Better Available
Work.
Source. #7993, eff 11-26-03, EXPIRED: 11-26-11
Emp 503.08 Leaving Employment Due to Pregnancy Or To
An Illness Or Injury That Is Not Work Related.
(a) The purpose of Emp 503.08 is to implement RSA
282-A:32,I(a)(4).
(b) “Work related” means arising out of and in
the course of employment.
(c) An individual who is separated from
employment because the individual has become unable to perform some or all of
the individual’s job duties shall not be disqualified for benefits due to such
separation from employment where:
(1) The reason
the individual is unable to perform such duties is due to pregnancy or to an
illness or injury that is not work related;
(2) A physician
has attested in writing to the individual’s inability to perform some or all of
the individual’s work duties;
(3) The
individual reasonably communicated such inability to the employer; and
(4) The
employer did not provide the individual with work within the scope of the
individual’s limitations.
(d) Nothing in this rule shall:
(1) Relieve an
employer of the duty to provide reasonable accommodation as that term is
defined in state or federal law; or
(2) Create a
duty to provide reasonable accommodation.
Source. #9629, INTERIM, eff 12-30-09, EXPIRED:
6-28-10
New. #9746, eff 7-1-10; ss by #12613, eff 8-23-18
Emp 503.09 Leaving Employment to Accompany Spouse.
(a) The purpose of Emp 503.09 is to implement RSA
282-A:32,I(a)(5).
(b) An individual who leaves the individual’s
employment to accompany his or her spouse shall not be disqualified for
benefits due to such leaving of employment where:
(1) The location of the
spouse’s employment changed; and
(2) It would have been
impractical for the individual to commute from the individual’s and spouse’s
new residence to the individual’s employment.
(c) There shall be a presumption that it would
have been impractical for the individual to commute from the individual’s and
spouse’s new residence to the individual’s employment if:
(1) The distance of the
commute from the individual’s and spouse’s new residence to the individual’s
employment would have exceeded 50 miles; or
(2) The time necessary to
commute utilizing the means of transportation reasonably available to the
individual, from the individual’s and spouse’s new residence to the
individual’s employment, would have exceeded 50 minutes.
(d) The presumption at Emp 503.09(c) shall be
overcome if the commissioner finds after consideration of the means of
transportation reasonably available to the individual at both the individual's
prior residence and the individual's new residence that:
(1) The commute from the
individual’s and spouse’s new residence to the individual’s employment would
have been consistent with the commuting patterns of the locality of such new
residence; or
(2) The time and distance
of the commute from the individual’s and spouse’s new residence to the
individual’s employment would not have been greater than the time and distance
of the commute from the individual’s former residence to the individual’s
employment.
(e) Factors to be considered by the commissioner
in determining the commuting patterns of the locality of the individual’s and
spouse’s new residence shall include but not be limited to information which is
available concerning:
(1) The geographical area
of such residence;
(2) The average commuting
distance of other individuals in the same locality;
(3) The means of
transportation available to individuals in the same locality;
(4) The geographical area
which encompasses employers which provide jobs of the type which the individual
is seeking; and
(5) Any other factor which
helps in ascertaining the distance, time, cost, and means of transportation
commonly experienced by others living in the locality who offer similar or
related skills or services.
Source. #9629, INTERIM, eff 12-30-09, EXPIRED:
6-28-10
New. #9746, eff 7-1-10; ss by #12613, eff 8-23-18
Emp 503.10 Leaving Employment Due to the Illness or
Disability of a Member of the Individual’s Immediate Family.
(a) The purpose of Emp 503.10 is to implement RSA
282-A:32,(a)(6).
(b) “Immediate family” means spouse, parent, and
minor child under the age of 18 whether the relationship is a biological,
adoption, step-, half-, or in-law relationship.
(c) “Illness” means verified disease, poor
health, or sickness which necessitates the care of the ill person by another
person for a period of time longer than the employer was willing to grant
leave.
(d) “Disability” means verified disability which
necessitates the care of the ill person by another person for a period of time
longer than the employer was willing to grant leave.
(e) “Disability” shall encompass all types of
disability, including:
(1) Mental and
physical disability;
(2) Permanent
and temporary disability; and
(3) Partial and
total disability.
(f) An individual who leaves employment due to
the illness or disability of the individual’s immediate family shall not be
disqualified for benefits due to such leaving of employment.
Source. #9629, INTERIM, eff 12-30-09, EXPIRED:
6-28-10
New. #9746, eff 7-1-10; ss by #12613, eff 8-23-18
PART Emp 504
SELECTION AND TRAINING PROCEDURES
Emp504.01 Approved Training.
(a) The purpose of this section shall be to
establish selection procedures under RSA 282-A:31, III.
(b) A request to receive unemployment
compensation benefits while in approved vocational training shall be considered
for approval by the commissioner or his authorized representative only if the
claimant's request is communicated to the commissioner at any office of the New
Hampshire department of employment security.
(c) Approval shall be granted only if the
commissioner finds either:
(1)
That the claimant is an eligible dislocated worker as defined at 29
U.S.C. 2801(9) who is participating in training, other than on-the-job training, under
the Workforce Innovation and Opportunity Act of 2014, P. L. 113-128,
as amended;
(2) That the Claimant is a participant in WorkNowNH;
or
(3) That:
a. The program of instruction relates to an
occupation or skill for which there are, or are expected to be, reasonable
employment opportunities in the individual's labor market area or in New
Hampshire;
b. Employment
opportunities for which the individual is fitted by past training and
experience do not exist or have substantially diminished in
the individual’s labor market due to business or economic conditions in the
area, or because of conditions peculiar to the individual, such as age or
handicap, to the extent that in the judgment of the commissioner that
individual will experience an extended period of unemployment and dependence
upon the unemployment compensation program;
c. The
applicant for training meets the criteria as to the aptitude, abilities, and
education level necessary to satisfactorily enter and complete the
training program; and
d. The
training is an organized program offering a course or a sequence of courses
designed to prepare an individual for gainful employment requiring other than a
baccalaureate or higher degree.
(d) An applicant so selected and enrolled in a
vocational training program which substantially impairs the applicant's ability
to meet the requirements of RSA 282-A:31, I(c) shall not be required to meet
the requirements of RSA 282-A:31, I(c) for any week during which the applicant:
(1)
Is otherwise entitled to unemployment compensation benefits;
(2)
Is in good standing in the training program; and
(3)
Has not failed for personal reasons to attend all scheduled training
sessions.
(e) The exemption to the requirements of RSA
282-A:31, I(c) stated in (d) above shall apply to a participant during
regularly scheduled vacation periods or periods between terms. Benefits paid
for weeks in these periods shall be charged as stated in paragraph (f) below
except that such exemption and such charging provisions shall not apply to
periods longer than 2 consecutive weeks.
(f) Unemployment compensation paid a trainee by
reason of employment with a reimbursing employer shall be billed in accordance
with Emp 304.02. Unemployment compensation paid a trainee based on
all other employment shall be charged in accordance with RSA 282-A:75.
(g) Determination on requests for training, made
under this rule, shall be in writing and may be reconsidered or appealed
pursuant to RSA 282-A:46 through RSA 282-A:68.
(h) An individual participating in approved
training who is not exempted from the provisions of RSA 282-A:31(c) because the
scheduled vacation or between terms period exceeded 2 consecutive weeks who
accepts unsuitable work as defined in RSA 282-A:32, I(d), shall not be
disqualified for leaving that work to resume the course of training.
(i) The employer
whose work is left by the individual referred to in (h) above shall not become
the most recent employer by reason of having provided work during the scheduled
vacation or between terms period.
Source. #2760, eff 6-15-84; #4164, eff 11-5-86,
EXPIRED: 11-5-92
New. #5980, eff 2-1-95; ss by #7620, eff 12-30-01;
ss by #9630, INTERIM, eff 12-30-09, EXPIRES: 6-28-10; ss by #9743, eff 6-26-10; ss by #12613,
eff 8-23-18; ss by #13348, eff 3-3-22
PART
Emp 505 ADDITIONAL BENEFITS
Source. #7948, INTERIM, eff 9-6-03, EXPIRED: 3-4-04
APPENDIX
Rule |
Specific State Statute the Rule Implements |
|
|
Emp 100 |
RSA 541-A:16, I, a |
Emp 101.01-101.04 |
RSA 282-A:107; 108; 109;
136 |
Emp 101.06 |
RSA 282-A: 31, I(d) |
Emp 101.07 |
RSA 282-A: 112, I |
Emp 101.08 |
RSA 282-A: 32, I(d) |
Emp
101.09 (repealed) |
RSA
282-A:12, 72, 74, 75, 76 |
Emp 101.10 |
RSA 282-A: 31, I(d); 32,
I(d) |
Emp 101.11 |
RSA 282-A: 31, I(d); 32,
I(d); 31-a, II; 31-b, I(j) |
Emp 101.12 |
RSA 282-A: 31, I(c) |
Emp 101.13 |
RSA 282-A: 31, I(d); 32,
I(d) |
Emp 101.14 |
RSA 282-A: 31, I(d); 32,
I(d); 31-b, I(e) |
Emp 101.15 |
RSA 282-A:112 |
Emp 102.01 |
RSA 282-A: 108; 112 |
Emp 102.02 |
RSA 282-A: 109 |
Emp 102.03 |
RSA 282-A: 136 |
Emp 102.04-Emp 102.06 |
RSA 282-A: 113 |
Emp 103 |
RSA 541-A: 16, I(a) |
|
|
Emp 201 |
RSA 282-A:96 |
Emp 202.01 |
RSA 541-A:16, I(b)(2);
30-a; 56 |
Emp 204 |
RSA 282-A:158 |
Emp 205.01–205.03 |
RSA 541-A:16, I(d) |
Emp 205.04 |
RSA 541-A:16, II |
Emp 206 |
RSA 282-A:119, 120 |
Emp 207 Provisions implementing
specific statutes or regulations are listed below. |
RSA 541-A:16, I; 30-a; RSA
282-A:56;96; |
|
|
Emp 207.03 |
RSA 282-A:42, III |
Emp 207.05 |
RSA 541-A:30-a, III(k) |
Emp 207.06 |
RSA 541-A:30-a, III(j) |
Emp 207.07 |
RSA 541-A:30-a, III(a) |
Emp 207.08, 207.09 |
RSA 541-A:16, I; 30-a;
30-a, III(a); RSA 282-A:56; 96 |
Emp 207.10 |
RSA 541-A:30-a, III(f) |
Emp 207.11 |
RSA 541-A:30-a, III(e) |
Emp 207.14 |
RSA 541-A:31, III |
Emp 207.15 |
RSA 541-A:30-a, III(b) |
Emp 207.16 |
RSA 541-A:31, V |
Emp 207.17 |
RSA 541-A:30-a, III(g) |
Emp 207.18 |
RSA 541-A:30-a, III(g) |
Emp 207.19 |
RSA 541-A:32 |
Emp 207.22 |
RSA 541-A:30-a, III(e) |
Emp 207.23 |
RSA 541-A:30-a, III(e) |
Emp 207.24 |
RSA 541-A:30-a, III(e) |
Emp 207.25 |
RSA 541-A:31, VII; RSA
282-A:64, III; 117-123; |
Emp 207.26 |
RSA 541-A:30-a, III(d),
(e) |
Emp 207.27 |
RSA 541-A:33 |
Emp 207.28 |
RSA 541-A:33 |
Emp 207.29 |
RSA 541-A:35 |
Emp 207.30 |
RSA 541-A:30-a, III(i) |
Emp 207.31 |
RSA 541-A:30-a, III(j) |
Emp 207.32 |
RSA 541-A:30-a, III(c) |
Emp 207.33 |
RSA 282-A:60, 67 |
Emp 207.34 |
RSA 282-A:60, 67 |
|
|
Emp 208 |
RSA 541-A:16, I(c) |
|
|
Emp 209.01-209.02 |
RSA 541-A:11 |
Emp 209.03 |
RSA 541-A:6, I; 11 |
Emp 209.04 |
RSA 541-A:11 |
Emp 209.05 |
RSA 541-A:11, II |
Emp 209.06 |
RSA 541-A:11, I, II, IV |
|
|
Emp 210 |
RSA 541-A:11, VII |
|
|
Emp 211 |
RSA 282-A:51 |
|
|
Emp 301.01-Emp 301.04 |
RSA 282-A:117-a |
Emp 301.05 |
RSA 282-A:69, I |
Emp 301.06 – Emp 301.09 |
RSA 282-A:117-a |
Emp 302.01-302.03 |
RSA 282-A: 14; 15, I; 16 |
|
|
Emp 303.01 Provisions implementing specific statutes or regulations are
listed below. |
RSA 282-A:8; 9, III; 9, IV;
91; 91-a; 117; 118 |
Emp 303.01(b)(8) |
RSA 282-A:69, II |
Emp 303.01(b)(15) |
RSA 282-A:8, I |
Emp 303.01(b)(20) |
RSA 282-A:45; 42 USC 503(f); 1320b-7(a)(1),
(a)(2), (a)(3), (b)(3); 20 CFR 603.2; 603.20 |
Emp 303.02 Provisions implementing specific statutes or
regulations are listed below |
RSA 282-A:69, 70; 71; 94; 96; 117; 117-a; 118 |
Emp 303.02(f)(10) |
RSA 282-A:69; 86 |
Emp 303.02(f)(19) |
RSA 282-A:117; 117-a, III; 118; 42 USC 503(f);
1320b-7(a)(a),(a)(s),(a)(3); (b)(3);
20 CFR 603.2; 603.20 |
Emp 303.02(f)(20) |
RSA 282-A:117; 117-a, III; 118; 42 USC 503(f);
1320b-7(a)(a),(a)(s),(a)(3); (b)(3);
20 CFR 603.2; 603.20 |
Emp 303.021 |
RSA 282-A:69; 70; 71; 117; 117-a, III; 118 |
Emp 303.021 (b) |
RSA 282-A:142 |
Emp 303.021(c) |
RSA 282-A:142 |
Emp 303.022 |
RSA 282-A:69; 70; 71; 117; 117-a, III; 118 |
Emp 303.022 (a) (8) |
RSA 282-A:142 |
Emp 303.022 (a) (11) |
42 USC 503 (f); 1320b-7(a)(1), (2), (3);
(b)(3); 20 CFR 603.2; 603.20 |
Emp 303.022 (k) |
RSA 282-A:118; Social Security Administration
Publication No. 42-007, EFTW2 Tax Year 2010 (available at http://www.socialsecurity.gov/employer/efw/10efw2.pdf |
Emp 303.022(i) |
RSA 282-A:142 |
Emp 303.023 |
RSA 282-A:69; 70; 71; 117; 117-a, III; 118; 142; 42
USC 503 (f); 1320b-7(a)(1), (2), (3); (b)(3);
20 CFR 603.2; 603.20; Social Security Administration Publication No.
42-007, EFTW2 Tax Year 2010 (available at http://www.socialsecurity.gov/employer/efw/10efw2.pdf |
Emp 303.03 |
RSA 541-A:1, XV(a), (b); RSA 282-A:9; 14; 15; 31, I (c), (d); 117;
118; 26 U.S.C. 3304; 42 U.S.C. 503(f); 1320-7(a), (b)(3) |
Emp 303.04 |
RSA 541-A:1, XV; RSA
282-A:45, II; 45-a, I; 117; 118; 26 U.S.C. 3304; 42 U.S.C. 503(f); 1320-7(a), (b)(3) |
Emp 303.05 Provisions implementing specific statutes or
regulations are listed below. |
RSA 161-B:11; RSA
282-A:14; 15, I; 16; 117; 117-a, III; 118
|
Emp 303.05(a) |
RSA 161-B:11; 14; 16; 117; 117-a, III; 118; 42
U.S.C. 503(f); 1320b-7(a)(1), (a)(2), (a)(3) , (b)(3); 20 C.F.R. 603.2;
603.20 |
Emp 303.05(a)(2) |
RSA 282-A:14; 16; 117; 117-a, III; 118; 42 U.S.C.
503(f); 1320b-7(a)(1),(2),(3); (b)(3);
20 C.F.R. 603.2; 603.20 |
Emp 303.05(b) |
RSA 282-A:9, III, IV, V |
Emp 303.05(c) |
RSA 282-A:31, I(c), (d) |
Emp 303.05(d) |
RSA 282-A:145 |
Emp 303.08 |
RSA 282-A:14; 32; 44; 45;118; 26 U.S.C. 3303 (f) |
Emp 303.09 |
RSA 541-A:1, XV; RSA
282-A:45, II; 45-a, I; 112; 118; 26 U.S.C. 3304; 42 U.S.C. 503(f); 1320-7(a), (b)(3) |
Emp 303.10 |
RSA 282-A:14; 32; 44; 45; 69; 70; 71; 94; 96; 117;
117-a; 118 |
Emp 303.11 |
RSA 282-A;69, I, II; 118 |
Emp 303.12 |
RSA 541-A:1, XV; RSA 282-A:2 (applies to Emp 303.12(a)(2)(c)); RSA 282-A:45, II; 45-a, I; 112; 118; 26 U.S.C. 3304; 42 U.S.C. 503(f); 1320-7(a), (b)(3); 20 CFR 603.2; 603.20 |
Emp 303.13 |
RSA 262-B:11; RSA 282-A:14, II;:45-a; 117; 118; 42 U.S.C. 503(f); 1320b-7(a)(1),(2),(3);
(b)(3); 20 C.F.R. 603.2; 603.20 |
Emp 303.15 Provisions implementing
specific statutes or regulations are listed below. |
RSA 282-A:91-a |
|
|
Emp 303.15 (c)(5) |
42 USC 503(f);
1320b-7(a)(1), (2),(3); (b)(3); 20 CFR 603.2; 603.20 |
Emp 304.01 Provisions implementing
specific statutes or regulations are listed below. |
RSA 282-A:69, I |
Emp 304.01(d) |
RSA 282-A:8; 91; 91-a; 93 |
Emp 304.01(e) |
RSA 282-A:102 |
Emp 304.01(h) |
RSA 282-A:14; 32; 44; 45;
69; 70; 71; 94; 96; 117; 117-a; 118 |
Emp 304.01(i) |
RSA 282-A:14; 32; 44; 45;
69; 70; 71; 94; 96; 117; 117-a; 118 |
Emp 304.02 Provisions implementing
specific statutes or regulations are listed below. |
RSA 282-A:2, 14; 16; 44;
45; 45-a; 69-75 |
Emp 304.02(a)(1) |
RSA 282-A:69, II; 71, II |
Emp 304.02(a)(2) |
RSA 282-A:71; 74; 75 |
Emp 304.02(a)(3) |
RSA 282-A:72 |
Emp 304.02(a)(4) |
RSA 282-A:14 |
Emp 304.02(a)(5) |
RSA 282-A:44 |
Emp 304.02(a)(6) |
RSA 282-A:78 |
Emp 304.02(b) Provisions implementing
specific statutes or regulations are listed below |
RSA 282-A:69, II; 70; 71;
72 |
Emp 304.02(b)(1) |
RSA 282-A:45, III: 45-a,
III; 69, II; 70; 71; 72 |
Emp 304.02(b)(3) |
RSA 282-A:73; 74; 75 |
Emp 304.02(b)(4) |
RSA 282-A:44 |
Emp 304.02(b)(5) |
RSA 282-A:78 |
Emp 304.03 |
RSA 282-A:74 |
Emp 304.04 Provisions implementing
specific statutes or regulations are listed below. |
RSA 282-A:14, III(a); 74, 75, 76, 77, 78 |
|
|
Emp 304.04(a) |
RSA 282-A:74; 75; 76; 77;
78 |
Emp 304.04(b) |
RSA 282-A:14, III(a); 74;
75; 76; 78 |
Emp 304.04 (b)(3)b |
RSA 282-A: 14, III(a); 74;
75; 76; 78 |
Emp 304.05 |
RSA 282-A:86; 87; 91; 92 |
Emp 304.11 (a) |
RSA 282-A:91-a |
Emp 304.11(b), (c) |
RSA 282-A:91-a, I(a)(1) |
Emp 304.11(d) |
RSA 282-A:91-a, I(a)(2) |
Emp 304.11(e) |
RSA 282-A:91-a, I(a)(1),
(2) |
Emp 304.11(f) |
RSA 282-A:69, I; 91-a, I(a)(1) |
Emp 304.11(g) |
RSA 282-A:91-a, I(j) |
|
|
Emp 305.01 |
RSA 282-A:157; 166, I(g) |
|
|
Emp 306.01 |
RSA 282-A:169-171 |
|
|
Emp 307.01 |
RSA 282-A:69, I |
Emp 307.02 |
RSA 277-B:2 |
Emp 307.03 |
RSA 282-A:69, I;78 |
Emp 307.04 |
RSA 277-B: 9, III, IV; RSA
282-A:69, I; 78 |
Emp 307.05 |
RSA 277-B:9, IV, V, IX;
RSA 282-A:69, I;78; 79 |
|
|
Emp 308.01 |
RSA 282-A:117-a |
Emp 308.02 (a), (b) |
RSA 282-A:117-a, I; 42 U.S.C. 653a(a)(2)(C) |
Emp 308.02(c) – (g) |
RSA 282-A:117-a, IV |
Emp 308.02(h) |
RSA 282-A:117-a, I (c) |
Emp 308.02(i) |
RSA 282-A:117-a, IV |
Emp 308.03(a), (b) |
RSA 282-A:117-a, II |
Emp 308.03(c), (d) |
RSA 282-A:117-a, III |
Emp 308.04 |
RSA 282-A:117-a, IV |
|
|
Emp 402.01 |
RSA 541-A:1, XV; RSA
6:11-a; 69; 70; 71; 112; 26 U.S.C. 3301; 3302; 3303; 42 U.S.C. 1320b-7(a)(3),
(b)(3) |
Emp 402.02 |
RSA 282-A:141; 165, II |
Emp 402.03 |
RSA 282-A:69-71 |
Emp 403.01 |
RSA 282-A:8, II; 9, IV;
175; 26 U.S.C. 3304(a)(6)(A); (a)(13); 3306(c)(7), (8); 3309 (a) (1) |
Emp 403.02 |
RESERVED |
Emp 403.03 |
RSA 282-A:16 |
Emp 403.06 |
RSA 282-A:4, 175; 26 USC
3304(a)(7) |
Emp 404 |
RSA 282-A:181; 182 |
Emp 405 Provisions implementing
specific statutes or regulations are listed below |
RSA 282-A:44; 45; 118 |
Emp 405.01 |
RSA
541-A:1, XV; RSA 282-A:12;43; 42 U.S.C. 1320b-7(a)(3),
(b)(3); |
Emp 405.02 |
RSA
541-A:1, XV; RSA 282-A:12; |
Emp 405.03 |
RSA 282-A:32; 44; 45; 53;
77 |
Emp 405.04 |
RSA 541-A:1, XV; RSA
282-A:12; 45; 77; 26 U.S.C. 3301; 3302; 3303; 42 U.S.C. 1320b-7(a)(3), (b)(3) |
Emp 405.05 |
RSA 282-A:32; 44; 45; 53;
77 |
Emp 405.06 |
RSA 282-A:32; 44; 45; 53;
77 |
Emp 406 |
RSA 282-A:43; Section 3 of the Unemployment Compensation Extension Act of 2010,
H.R. 4213 effective July 22, 2010 |
Emp 407 |
RSA 282-A:30; Section 3 of the Unemployment Compensation Extension Act of 2010,
H.R. 4213 effective July 22, 2010 |
Emp 408 Provisions implementing
specific statutes or regulations are listed below |
RSA 282-A:29 |
Emp 408.04(k)-(l) |
RSA 282-A:165, II |
Emp 408.07 |
31 C.F.R. 285.08 (f)-(g) |
Emp
409 Provisions implementing
specific statutes or regulations are listed below |
26
U.S.C.6402(f); 31 C.F.R. 285.8 |
Emp 409.05, 409.06, 409.08 |
RSA 282-A:141-156, 163-165 |
Emp 409.07 |
31 C.F.R. 285.8(f)-(g) |
Emp 410 |
RSA 282-A:15, II(a), RSA
282-A:41, 69-71; 8 USC Ch. 12 § 1101,
(15) (F); 26
USC 3304(a)(14)(A); 22 CFR Part 62 |
Emp 411.01-Emp 411.02 |
RSA 282-A:31-g; 31-h |
Emp 411.03 |
RSA 282-A:31-g,VI; 31-h, II |
Emp 411.04 |
RSA 282-A:31-h, II (c), VIII (a) |
Emp 411.05-Emp 411.06 |
RSA 282-A:31-h, II, V(a)-(d), VIII (c) |
Emp 411.07 |
RSA 282-A:31-h, II (e)-(g) |
Emp 411.08 |
RSA 282-A:31-h, III, IV |
Emp 411.09 |
RSA 282-A:31-g; 31-h |
Emp 411.10 |
RSA 282-A:31-h, VI. |
|
|
Emp 501.01 |
RSA 282-A:31, I(a) |
Emp 501.02 |
RSA 282-A:31, I (a) |
Emp 501.03 |
RSA 541-A:1, XV; RSA 282-A:42, II (a); 43; 112; 42 U.S.C 1320b-7(a), (b)(3); |
Emp 501.04 |
RSA 541-A:1, XV; RSA 282-A:42, II (b); 43;
112; 42 U.S.C. 1320b-7(a), (b)(3) |
Emp 501.06 |
RSA 282-A:43 |
Emp 501.07 (Repealed) |
RSA 282-A:43 |
Emp 501.08 |
RSA 282-A:31,I(f) |
Emp 501.10 |
RSA 282-A:112; RSA
282-A:31, I; RSA 282-A:43 42 U.S.C. 1320b-7(a),
(b)(3) |
Emp 501.11 |
RSA 282-A:9, IV(x); 30,
XI; 31, I, III |
Emp 501.12 |
RSA 282-A:31, I, III; 32,
I(d); 39 |
Emp 501.13 Provisions implementing
specific statutes or regulations are listed below |
RSA 282-A:43 |
Emp 501.13(d) |
RSA 282-A:14, 16, 31, 32,
46; 42 USC 1320b-7(a)(1), (2), (3), (b)(3); 20 CFR 603.2; 603.20 |
Emp 501.14 |
RSA 282-A:31, I(a); 42 U.S.C. 503(j); Training and Employment
Guidance Letter No. 08-22. |
Emp 502.01 |
RSA 541-A:1, XV; RSA 282-A: 24, 112; 26 U.S.C. 3304(a)(1) |
Emp 502.02 |
RSA 282-A:24 |
Emp 502.03 |
RSA 282-A:112; 165, II; 42 U.S.C. 1320b-7(a), (b)(3) |
Emp 502.04 |
RSA 282-A:16 |
Emp 502.05 |
RSA 541-A:1, XV; RSA 282-A:112;159; 42 USC 1320b-7(a)(1), (2), (3), (b)(3); 26 U.S.C. 3304(a)(18); 20 CFR 603.3 |
Emp 502.06 |
RSA 282-A:14, III(a) |
Emp 502.07 Provisions implementing
specific statutes or regulations are listed below |
RSA 282-A:14, III(a) |
Emp 502.07(e) |
RSA 282-A:178; ACA, P.L. 111-148, as amended; 20 CFR 617.11(a)(I)(iv) |
Emp 502.08 |
RSA 282-A:31, I(h), 112;
42 U.S.C. 1320b-7(a), (b)(3); Federal-State Extended Unemployment
Compensation Act of 1970, Sec. 204(a)(2) |
Emp 502.09 |
RSA 282-A:164 |
Emp 503.01 |
RSA
282-A: 32,
I(a); 112; 42 U.S.C. 1320b-7(a),
(b)(3) |
Emp 503.02 |
RSA 282-A:32, I (a)(1),
(d) |
Emp 503.03 |
RSA
282-A:32, I(e); 112; 42 U.S.C.
1320b-7(a), (b)(3) |
Emp 503.05 |
RSA 282-A:31, II |
Emp 503.06 |
RSA
282-A: 32,
I(a)(3); 112; 42 U.S.C. 1320b-7(a), (b)(3) |
Emp 503.08 |
RSA
282-A: 32,
I(a)(4); 112; 42 U.S.C. 1320b-7(a), (b)(3) |
Emp 503.09 |
RSA
282-A: 32,
I(a)(5); 112; 42 U.S.C. 1320b-7(a), (b)(3) |
Emp 503.10 |
RSA
282-A: 32,
I(a)(6); 112; 42 U.S.C. 1320b-7(a), (b)(3) |
Emp 504.01 |
RSA 282-A:31, III; 112; 26 U.S.C.
3304(a)(8); |
APPENDIX B
INCORPORATION
BY REFERENCE INFORMATION
Rule
Number |
Document
Title and Date |
Obtain At: |
Emp 303.022 (k) |
Social Security Administration Publication
No.42-007, EFTW2 Tax Year 2010 |
The public may obtain this information at no cost by
accessing the website at http://www.socialsecurity.gov/employer/efw/10efw2.pdf |
Emp 303.022 (m) |
Social Security Administration Publication No.
42-007, EFW2 Tax Year 2023 V.1 |
The public may obtain this information at no cost by
accessing the website at https://www.ssa.gov/employer/efw/23efw2.pdf |
NHES FORMAT EXAMPLE