New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 200 - DEPARTMENT OF LABOR HEARINGS
Part Lab 203 - GENERAL RULES OF PRACTICE
Section Lab 203.02 - Ex Parte Communication

Universal Citation: NH Admin Rules Lab 203.02

Current through Register No. 40, October 3, 2024

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

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

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

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

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

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