reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:137 - Representation in Court.

282-A:137 Representation in Court. –
I. The attorney general, upon his own initiative or upon the request of the commissioner, may enforce the provisions of this chapter, or any rules adopted under this chapter, by any appropriate proceeding, criminal or civil, legal or equitable, in any court.
II. All criminal actions for violation of any provision of this chapter, or rule adopted pursuant to this chapter, shall be prosecuted by the attorney general of the state or, at his request and under his direction, by counsel for the department of employment security in any county in which the employer has or had a place of business or the violator resides.
III. Subject to the approval and supervision of the attorney general as to matters of law, the general counsel and counsel of the department may appear in any court in civil proceedings for the collection of taxes and recovery of overpaid benefits. However, upon the filing of any claim against the department in any circuit court district division as a result of such proceedings, the department shall move for immediate removal of the entire proceeding to the superior court. The superior court shall have exclusive jurisdiction to hear such claims. Upon request of the commissioner and approval of the attorney general, the general counsel and counsel may appear in any proceeding where such appearance is deemed by the attorney general to be in the best interest of the state.
Source.
1937, 178:1. 1941, 103:45. RL 218:14. RSA 282:15. 1957, 118:17. 1981, 408:3; 576:12. 1985, 138:2. 1989, 267:16, eff. July 25, 1989. 2013, 206:3, eff. July 10, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:138 - Special Fund.

282-A:138 Special Fund. –
I. There is hereby created in the state treasury a special fund to be known as the unemployment compensation and employment service administration fund. All moneys which are deposited or paid into this fund shall be continuously available to the commissioner of the department of employment security for expenditure in accordance with the provisions of this chapter and shall not lapse at any time nor be transferred to any other fund.
II. All moneys in this fund which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in RSA 282-A:107 through 282-A:135 shall be expended solely for the purposes and in the amounts found necessary by the United States Department of Labor for the proper and efficient administration of this chapter. The fund shall consist of all moneys appropriated by this state; all moneys received from the United States of America, or any agency thereof; and all moneys received from any other source for such purpose. The fund shall also include any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the unemployment compensation and employment service administration fund or by reason of damage to equipment or supplies purchased from moneys in such fund, and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this chapter. Such moneys shall be secured by the depositary by collateral in the full amount of the funds on deposit. Such security shall consist of (a) United States government obligations, direct or guaranteed and (b) direct obligations of the state of New Hampshire. Such collateral security shall be pledged at not to exceed the face value of the obligation and shall be kept separate and distinct from any collateral security pledged to secure other funds of the state.
III. The state treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the unemployment compensation and employment service administration fund provided for under this chapter. Such liability on the official bond shall be effective May 10, 1941, or which may be given in the future. All sums recovered on any surety bond for losses sustained by the unemployment compensation and employment service administration fund shall be deposited in said fund.
Source.
1937, 178:1. 1941, 103:33, 34. RL 218:10. 1947, 59:22. 1949, 185:14, 15. 1953, 209:8. RSA 282:10(A). 1955, 141:16. 1961, 88:36. 1963, 194:10. 1967, 400:11. 1969, 460:20. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:138-a - Repealed by 2019, 346:190, II, eff. Sept. 26, 2019.

282-A:138-a Repealed by 2019, 346:190, II, eff. Sept. 26, 2019. –
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:139 - Reimbursement of Fund.

282-A:139 Reimbursement of Fund. –
If any moneys received after June 30, 1941, from the social security administration or its successor, the United States Department of Labor, under Title III of the Social Security Act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any moneys granted after that date to this state pursuant to the provisions of the Wagner-Peyser Act are found by the social security administration or its successor, the United States Department of Labor, because of any action or contingency, to have been lost or expended for purposes other than, or in amounts in excess of, those found necessary by the social security administration or its successor, the United States Department of Labor, for the proper administration of this chapter, it is the policy of this state that such moneys shall be replaced by moneys in the contingent fund established by RSA 282-A:140 or by moneys appropriated for such purpose from the general funds of this state to the unemployment compensation administration fund for expenditure as provided in RSA 282-A:138. Upon receipt of notice of such a finding by the social security administration or its successor, the United States Department of Labor, and in the event that there are insufficient funds in the contingent fund, as provided in RSA 282-A:140, the commissioner of the department of employment security shall promptly report the amount required for such replacement to the governor; and the governor shall at the earliest opportunity submit to the legislature a request for the appropriation of such amount. This section shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.
Source.
1937, 178:1. 1941, 103:33, 34. RL 218:10. 1947, 59:22. 1949, 185:14, 15. 1953, 209:8. RSA 282:10(B). 1955, 141:16. 1961, 88:36. 1963, 194:10. 1967, 400:11. 1969, 460:20. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:141 - Interest on Past-Due Contributions.

282-A:141 Interest on Past-Due Contributions. –
Contributions unpaid on the date on which they are due and payable, as prescribed by the commissioner of the department of employment security in a rule, shall bear interest at the rate of one percent per month or part thereof until payment plus accrued interest is received by the commissioner. Interest collected pursuant to this paragraph shall be paid into the contingent fund provided in RSA 282-A:140.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(A). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:142 - Late-Filing Fee; Filing Extensions.

282-A:142 Late-Filing Fee;  Filing Extensions. –
Commencing with reports due beginning with the third calendar quarter of 2001:
I. If any employer subject to payment of contributions as provided in RSA 282-A:69, I, fails to file any required report on the date on which it is due, as prescribed by the commissioner of the department of employment security in a rule, the employer shall pay a fee for such failure equal to 10 percent of the contributions due thereon but not less than $25 for each such failure.
II. If any employer electing to reimburse the fund as provided in RSA 282-A:69, II fails to file any required report on the date on which it is due, as prescribed by the commissioner of the department of employment security in a rule, the employer shall pay a fee for such failure equal to .001 of the gross wages paid during the quarter covered by such report but not less than $25 for each such failure.
III. The state, county, city, town, or other political subdivision that elects to reimburse the fund pursuant to RSA 282-A:70 and RSA 282-A:71, I shall pay a fee of $25 for each failure to file any report on the date on which it is due as prescribed by the commissioner of the department of employment security in a rule.
IV. Upon timely application and payment of a fee of $50, the time for filing any such report may be extended 30 days. All fees shall be paid into the contingent fund provided in RSA 282-A:140.
V. All filing fees may be collected in any manner provided for the collection of contributions in this subdivision or in RSA 282-A:161-168 or by RSA 80.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(B). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3. 1991, 311:13. 2001, 133:4, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:143 - Property Lien.

282-A:143 Property Lien. –
If any employer required to pay contributions under this chapter neglects or refuses to pay contributions after demand, the amount, together with all penalties, fees, and interest and any costs that may accrue becomes a lien in favor of the state upon all property and rights to property whether real or personal, belonging to the employer. The lien arises at the time demand is made by the commissioner and continues until the liability for the sum, with interest and costs, is satisfied. Certificates of release of such lien shall be issued on the satisfaction of the lien. For the purposes of RSA 282-A:141-155, "employer" in the case of corporations or limited liability companies includes the president, treasurer, members, or any other person in a managerial capacity of said corporation or limited liability company. No lien against real property under this section shall be effective until it is recorded at the registry of deeds for the county in which the real property lies. Liens against personal property shall be filed in the office of the secretary of state. Fees for recording and filing such liens and any certificates of release thereof shall be in accordance with RSA 478:17-g.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(C). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1977, 424:9. 1978, 40:27. 1981, 408:3. 1995, 249:6. 1997, 211:3. 2001, 102:30, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:144 - Injunction.

282-A:144 Injunction. –
Any employer or employing unit refusing or failing to make and file required reports or to pay any contributions, interest or penalties when due under the provisions of this chapter, after 10 days' written notice sent by the commissioner or his authorized representative to the employer's or employing unit's last known address by registered mail, may be enjoined from operating any business in the state while in violation of the provisions of this chapter upon the complaint of the commissioner of the department of employment security in the superior court of the county in which the employer or employing unit has or had a place of business within the state, and any temporary injunction enjoining the continuance of such business may be granted without notice. Such injunction may enjoin any employer or employing unit from operating his or its business until such reports or contributions (including interest and penalties) or both shall have been made and filed or paid. The provisions of this section shall be deemed as cumulative and in addition to any other provisions of this chapter relating to the collection of contributions by the commissioner.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(C-1). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:145 - Time Limitation.

282-A:145 Time Limitation. –
No action may be maintained under this chapter unless commenced within 6 years of the time the cause arose or 2 years after the department is put on notice that the cause exists, whichever is later.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(D). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:146 - Collection, Distraint.

282-A:146 Collection, Distraint. –
If, after due notice, any employer shall fail to make any payment of contributions or interest thereon, the amount due, with interest thereon pursuant to RSA 282-A:141, shall be collectible by any means provided by law for the collection of any tax due to the state of New Hampshire or to any subdivision thereof, including any means provided by RSA 80:2. Tax warrants referred to in said chapter may be signed by either the commissioner of the department of employment security or the duly authorized counsel for such department.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(E). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:147 - Priorities Under Legal Dissolution or Distributions.

282-A:147 Priorities Under Legal Dissolution or Distributions. –
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, or any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceeding, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $250 to each claimant, earned within 6 months of the commencement of the proceeding. In the event of any employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the Federal Bankruptcy Act of 1898, as amended, contributions then or hereafter due shall be entitled to such priority as is provided in section 64(b) of that act, U.S.C., Title 11, section 104(b), as amended.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(F). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:148 - Adjustment of Contribution by Compromise.

282-A:148 Adjustment of Contribution by Compromise. –
I. The commissioner of the department of employment security may, with the approval of the attorney general, effect by written stipulation such settlement of the contribution or interest due under the provisions of this chapter as he or she may deem to be for the best interests of the state, and the payment of the sum so agreed upon shall be a full satisfaction of such contribution and interest.
II. Payment by a debtor of interest, penalties, fees, and legal costs due under the provisions of this chapter totaling $50 or less may be waived by the commissioner of the department of employment security as he or she may deem to be for the best interests of the state.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(G). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3. 2003, 116:18, eff. Aug. 8, 2003.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:149 - Adjustments and Refunds.

282-A:149 Adjustments and Refunds. –
If not later than 4 years from the last day of the period with respect to which a payment of any contributions or interest thereon was made, or one year from the date on which such payment was made, whichever shall be the later, an employing unit or employer who has paid such contribution or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the commissioner shall determine that such contributions or interest or any portion thereof was erroneously collected, the commissioner shall allow such employing unit or employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him; or, if such adjustment cannot be made, the commissioner shall refund said amount, without interest, from the fund, unless such payments are to be refunded from the contingent fund as provided in RSA 282-A:140. The commissioner, on his own initiative, may, in any case, for like cause and within the same period, allow either adjustment or refund, as he in his discretion may deem to be for the best interests of the state. Nothing in this chapter or in any part thereof shall be construed to authorize any refund or credit of monies due and payable under the law and rules in effect at the time such monies were paid. It being further provided that the amount to be refunded or adjusted shall be reduced by the amount of unemployment compensation benefits which would not have been paid except for the erroneously reported employment and wages.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(H). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:150 - Jeopardy Assessment.

282-A:150 Jeopardy Assessment. –
I. If the commissioner believes that the collection of contributions will be jeopardized by delay, he shall immediately assess on the basis of whatever information he may have such contributions together with all interest and penalties, whether or not the time prescribed by RSA 282-A:69 through 98 and this subdivision or by the rules adopted by the commissioner for making return and paying such contributions has expired. Such contributions, interest and penalties shall thereupon become immediately due and payable; and immediate notice and demand, either in person or in writing, shall be made by the commissioner or his duly authorized representatives for the payment thereof. Upon failure or refusal to pay immediately such contributions, interest and penalties, collection thereof by any means provided in this subdivision shall be lawful without regard to the period prescribed in RSA 282-A:151 or by the rules of the commissioner and proceedings may also be instituted under RSA 282-A:161-168 for such failure or refusal.
II. The collection of the whole or any part of the amount of such assessment may be stayed by filing with the commissioner a bond in such amount as is equal to the amount to which the stay is desired and with such sureties as the commissioner deems necessary conditioned on payment of the amount collection of which is stayed, at the time at which, but for this section, such amount would be due.
III. An assessment under this section shall not finally fix the amount of such contributions, interest and penalties. Where the amount due is subsequently discovered to be greater than that assessed, the balance shall be collected by any means provided in this subdivision. If the amount due is subsequently discovered to be less than that assessed, it shall be adjusted in the manner provided by RSA 282-A:149.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(H-1). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:151 - Failure of Employer to File Report of Contributions Due.

282-A:151 Failure of Employer to File Report of Contributions Due. –
I. If an employer shall fail to file a report for the purpose of determining the amount of contributions due under this chapter, or if such report when filed shall be incorrect or insufficient and the employer shall fail to file a correct or sufficient report within 20 days after the commissioner of the department of employment security shall have required the same by written notice, the commissioner shall determine the amount of contribution due, with interest thereon pursuant to RSA 282-A:141, from such employer on the basis of such information as he may be able to obtain; and he shall give written notice of such determination to the employer. Such determination shall finally fix the amount of contribution unless the employer shall initiate an appeal in the manner provided in RSA 282-A:94-98. The determination of the commissioner shall be deemed to be prima facie correct, and the burden of proving error therein shall be upon the employer. Except for good cause shown, no ground of error shall be considered unless set forth in the petition of appeal.
II. If on appeal the determination of the commissioner shall be confirmed, or the amount of the contribution originally determined by the commissioner shall be increased, the cost of such proceedings, as in civil actions, shall be assessed against the employer. No costs shall be assessed against the state on such appeal.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(I). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:152 - Collection of State Contributions.

282-A:152 Collection of State Contributions. –
I. Whenever used in this subdivision, unless the context shall otherwise require, or unless otherwise specifically provided, the word "contribution" shall include not only the principal of any contribution but also all interest, penalties, fees and other charges added thereto by law; and the term "serving officer" shall include any sheriff, deputy sheriff, constable or other officer authorized to serve any civil process. Delivery of written notice by an authorized representative of the commissioner shall be deemed proper service of process.
II. Upon the failure of any person to pay any contribution due to the state within 30 days from its due date, the commissioner of the department of employment security or his duly authorized representative charged by law with its collection shall add thereto such penalty or interest or both as shall be prescribed by law. The attorney general may collect any such contribution by a civil action, or the commissioner or his duly authorized representative charged by law with the collection of such contribution may make out and sign a warrant directed to any serving officer for distraint upon the goods, realty or body of such person. Each serving officer so receiving a warrant shall make return to the party making out such warrant within a period of 30 days from its receipt by him. To each warrant placed in the hands of any serving officer shall be attached an itemized bill, certified by the party making out such warrant to be a true and correct statement of the total amount of contribution due from such person. Any serving officer deputed to serve a warrant drawn under the provisions of this law shall, so far as such warrant is concerned, have, mutatis mutandis, all the powers vested in tax collectors and sheriffs under the provisions of RSA 80; shall proceed pursuant to the terms of one or more of said statutes; shall make return to the party making out such warrant within 10 days of the completion of service and shall collect from such person, in addition to the amount shown on such warrant, his fees and charges, which shall be those authorized by statute for serving officers, as in all other civil actions.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(J). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3. 2003, 116:10, eff. Aug. 8, 2003.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:153 - Secretary of State Their Agent for Receipt of Service.

282-A:153 Secretary of State Their Agent for Receipt of Service. –
I. Any nonresident employing unit who acquires the status of an employer under the provisions of this chapter or any resident employing unit who, after having acquired the status of an employer under the provisions of this chapter, removes himself from the state shall be deemed to have appointed the secretary of state or his successor in office to be his true and lawful agent upon whom may be served all lawful processes in any action or proceeding against him under the provisions of this chapter; and such acquirement shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as if served on him personally.
II. Service of such process shall be made by leaving a copy of the process in the hands of the secretary of state or in his office, and such service shall be sufficient service upon said employing unit; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff to the defendant, and the defendant's return receipt and the plaintiff's affidavit of compliance therewith are appended to the writ and entered therewith. The secretary of state shall keep a record of all such processes, which shall show the date and hour of service.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(K). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:154 - Continuance of Action.

282-A:154 Continuance of Action. –
The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(L). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:155 - Interstate Collections.

282-A:155 Interstate Collections. –
The courts of this state shall entertain actions in the name of the commissioner to collect benefits, contributions or interest thereon for which liability has accrued under the employment security law of any other state or of the federal government. The commissioner shall have the authority to collect any such debt by civil action in any manner provided for the collection of contributions in RSA 282-A:141-156.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(M). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1981, 408:3. 2003, 116:11, eff. Aug. 8, 2003.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:156 - Delinquent Payments.

282-A:156 Delinquent Payments. –
In addition to any other remedies under this subdivision, if the commissioner finds that any county, city, town or other political subdivision has become delinquent with respect to payments due under this chapter and following the commissioner's written request for such payment, has for 60 days thereafter refused or neglected to pay the amount due, the commissioner shall notify the commissioner of administrative services of such delinquency and the total amount due. The commissioner of administrative services shall authorize the transfer of such amount to the department of employment security from any funds which would otherwise be due from the state to such county, city, town or other political subdivision.
Source.
1937, 178:1. 1941, 103:35-43. RL 218:11. 1945, 138:21, 22. 1947, 59:23. 1949, 185:16, 17; 201:1. 1951, 140:9. 1953, 209:9-12. RSA 282:12(N). 1955, 141:17-19. 1957, 118:14. 1969, 460:21. 1973, 589:9, 10. 1975, 393:4. 1979, 328:7. 1981, 408:3. 1985, 399:3, I, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:157 - Waiver of Rights Void.

282-A:157 Waiver of Rights Void. –
Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions, required under this chapter from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer's contributions required from him, or require or accept any waiver of any right hereunder by any individual in his employ. Any employer or officer or agent of an employer who violates any provision of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Provided that this section shall not apply to agreements, waivers or releases entered into pursuant to reciprocal arrangements made under RSA 282-A:169-172.
Source.
1937, 178:1. RL 218:12. 1953, 261:4. RSA 282:13(A). 1957, 118:15, 16. 1973, 528:175, 176. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:158 - Limitation of Fees.

282-A:158 Limitation of Fees. –
No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the commissioner of the department of employment security, or by his representative or by any court or by any officer thereof. Any individual claiming benefits before the commissioner or his representative may be represented by counsel or other duly authorized agent; but no such counsel or agent shall either charge or receive for such services more than an amount approved by the commissioner. Any person who violates any provision of this section shall be guilty of a misdemeanor.
Source.
1937, 178:1. RL 218:12. 1953, 261:4. RSA 282:13(B). 1957, 118:15, 16. 1973, 528:175, 176. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:160 - Prohibition Against Discrimination.

282-A:160 Prohibition Against Discrimination. –
No person shall discriminate in any way against another person because of his appearance or intended appearance as a witness or party, or for giving or furnishing information in connection with any proceeding under this chapter or an appeal therefrom. Any person who violates any provision of this section shall be subject to the penalties provided in RSA 282-A:161-168.
Source.
1937, 178:1. RL 218:12. 1953, 261:4. RSA 282:13(D). 1957, 118:15, 16. 1973, 528:175, 176. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:161 - Generally.

282-A:161 Generally. –
Whoever willfully makes a false statement or representation or knowingly fails to disclose a material fact to obtain or increase any benefit or other payment under this chapter, either for one's self, or for any other person, shall be guilty of:
I. A class A felony if the amount of the additional benefit received as a result of the misrepresentation is $1,000 or more.
II. A class B felony if the amount of the additional benefit received as a result of the misrepresentation exceeds $500 but is less than $1,000.
III. A class A misdemeanor in all other cases.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(A). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3. 1996, 50:3, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:162 - Out-of-State or Federal Benefits.

282-A:162 Out-of-State or Federal Benefits. –
Any individual who wilfully makes a false statement or representation or knowingly fails to disclose a material fact before a representative of the department of employment security of the state of New Hampshire to obtain benefits under the laws of any other state or the federal government shall be subject to the same provisions of this chapter as if he were claiming benefits under this chapter.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(B). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:163 - Disqualification, Restitution, and Penalty.

282-A:163 Disqualification, Restitution, and Penalty. –
I. Any individual who is convicted under RSA 282-A:161 shall be deemed disqualified from receiving benefits for one year from the date of such conviction.
II. All benefits received for any week or weeks directly affected by such false statement or representation or failure to disclose a material fact shall be deemed overpaid, and the court in all such cases shall order restitution in an amount equal to such overpayment, plus a penalty equal to 20 percent of such amount.
III. Payments of the 20 percent penalty on convictions made under this section on or before October 20, 2013 shall be deposited into the fund established in RSA 282-A:140.
IV. Payments of the 20 percent penalty on convictions made under this section on or after October 21, 2013 shall be divided with
1/4 of such payments being deposited into the fund established in RSA 282-A:140 and
3/4 of such payments being deposited into the unemployment compensation fund established in RSA 282-A:103.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(C). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3, eff. Oct. 1, 1981. 2013, 206:2, eff. July 10, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:164 - Restitution.

282-A:164 Restitution. –
Any individual who willfully makes a false statement or representation or knowingly fails to disclose a material fact, whether before a representative of the department of employment security of the state of New Hampshire or in another state before a representative of the unemployment compensation agency of that state which is acting in the capacity of agent for the state of New Hampshire, to obtain or increase any benefit or other payment under this chapter, or under the laws of any other state or the federal government, either for such individual, or for any other person, may, in the discretion of the commissioner or his or her authorized representative, be determined to be disqualified for benefits for each week directly affected by the false statement or representation or failure to disclose a material fact. All benefits received for each week of such disqualification shall be deemed overpaid, and restitution in an amount equal to such overpayment plus a penalty equal to 20 percent of the overpaid benefits shall be ordered by the commissioner or his or her authorized representative. In addition to such disqualification, such individual shall be deemed ineligible to receive benefits for not less than 4 nor more than 52 consecutive weeks, beginning with the week in which the decision is made, as determined by the commissioner or his or her authorized representative. For each week of determined ineligibility, an amount equal to the individual's maximum weekly benefit rate during such week shall be deducted from the maximum benefits available to the individual during the benefit year in which such week falls; but no change shall be made in his or her weekly benefit amount because of this deduction. Payments of the 20 percent penalty on determinations made under this section on or before October 20, 2013 shall be deposited into the fund established by RSA 282-A:140. Payments of the 20 percent penalty on determinations made under this section on or after October 21, 2013 shall be divided with
1/4 of such payments being deposited into the fund established by RSA 282-A:140 and
3/4 of such payments being deposited into the unemployment compensation fund established in RSA 282-A:103. Any proceeding or action taken under this section shall be in lieu of and not in addition to any proceeding or action taken under RSA 282-A:161.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(D). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3, eff. Oct. 1, 1981. 2012, 176:2, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:165 - Overpayments.

282-A:165 Overpayments. –
I. Any person who has received any benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while the person was disqualified from receiving benefits shall be liable to repay to the commissioner such benefits all of which shall be considered to be overpayments.
II. Liability shall not exist where the person receiving benefits is without fault in causing the overpayment as defined by the rules of the commissioner.
III. No such overpayment shall exist unless a determination has been made by the commissioner or an authorized representative setting forth the facts causing the creation of the overpayment and notice of such determination has been sent to the claimant who may appeal in the manner set forth in RSA 282-A:42-68. Such determination shall be made within 2 years of the weeks affected thereby and shall include notice of the compromise process under RSA 282-A:29.
IV. The commissioner shall collect any overpayment created under this chapter by civil action in any manner provided for the collection of contributions in RSA 282-A:141-156 and shall withhold, in whole or in part as determined by the commissioner, any future benefits payable to the individual and shall credit such amount withheld against the overpayment until it is repaid in full.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(E). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3. 2009, 249:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:166 - Falsity by Employer.

282-A:166 Falsity by Employer. –
I. Any employing unit, officer, or employee of a corporation, or member or employee of a partnership or limited liability company, who as such officer, employee, or member is under a duty to perform and:
(a) Who knowingly makes a false statement or representation; or
(b) Who knowingly fails to disclose a material fact to avoid becoming or remaining subject hereto or to avoid or prevent or reduce any contribution or other payment required of such employing unit under this chapter, or to deny or reduce payments of benefits to any individual; or
(c) Who fails or refuses to make any such contribution or other payment having in possession or control funds to do so allowing said funds to be expended for any other purpose except payment to trade creditors or payment of wages to employees other than corporate officers or relatives other than for necessaries; or
(d) Who fails or refuses to furnish any reports required hereunder; or
(e) Who fails or refuses to testify or to permit inspection of records or to produce records as required hereunder; or
(f) Who makes, permits or requires any deduction from wages to pay all or any portion of the contributions required from employers; or
(g) Who attempts to induce any individual to waive any right under RSA 282-A; or
(h) Who fails or refuses to file a mass layoff notice under RSA 282-A:45-a, I; or
(i) Who violates or attempts to violate RSA 282-A:91-a; or
(j) Who fails or refuses to furnish a report which includes every individual who performed services in employment for the time period applicable to such report shall be guilty of an offense as provided in paragraph II.
II. Violations of paragraph I are:
(a) Class A felony if the amount of contributions or benefits involved is $1,000 or more.
(b) Class B felony if the amount of contributions or benefits involved exceeds $500 but is less than $1,000.
(c) Class A misdemeanor in all other cases.
III. The court in all such cases shall order such payment to be made or report to be completed and may suspend part of its sentence on condition of said performance.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(F). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1979, 348:6. 1981, 408:3. 1995, 249:8. 1997, 211:4. 2005, 239:7, 8. 2006, 129:1, eff. July 1, 2006. 2013, 206:1, eff. July 10, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:166-a - Penalties for Failure or Refusal to Make Contributions or Reports.

282-A:166-a Penalties for Failure or Refusal to Make Contributions or Reports. –
In the discretion of the commissioner or an authorized representative, violations of RSA 282-A:166, I(c) and (d) may subject the person to a penalty of not less than $100 or more than the amount of the contributions then or subsequently determined by the commissioner to be due. For violations of RSA 282-A:166, I(h) a penalty of not less than $100 nor more than $500 for each day of failure or refusal to file. For violations of RSA 282-A:166, I(j) a penalty of up to $25 for each such individual not reported may be imposed for each calendar day such violation continues. For violations of all other subparagraphs of RSA 282-A:166, I, a penalty of not less than $100 nor more than $500 may be imposed. All penalties imposed under this section shall be in addition to late filing fees and interest charges due under other sections of this chapter. Any proceeding or action taken against a person under this section shall be in lieu of and not in addition to any proceeding or action taken under RSA 282-A:166. Persons found subject to this section may appeal in the manner set forth in RSA 282-A:95-98.
Source.
1995, 249:7. 1997, 211:5. 2005, 239:9. 2006, 129:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:167 - General Penalty.

282-A:167 General Penalty. –
Any violator of any provision of this chapter, or of any order or rule thereunder, for which a penalty is neither prescribed above nor provided by any other applicable statute, shall be guilty of a misdemeanor; and each such violation shall constitute a separate and distinct offense.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(G). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:168 - Recovery for Another State.

282-A:168 Recovery for Another State. –
On request of an agency of another state which administers an employment security law and which has found, in accordance with the provisions of such law, that an individual is liable to repay benefits received under such law, the commissioner may collect from such individual the amount of such benefits, to be refunded to such agency; and such amounts may be collected by civil action in the name of the commissioner acting as agent for such agency.
Source.
1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(H). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:170 - Reimbursement.

282-A:170 Reimbursement. –
Reimbursements paid from the fund pursuant to any reciprocal arrangements authorized by the provisions of this chapter shall be deemed to be benefits for the purposes of this chapter; except that no charge shall be made to an employer's account under RSA 282-A:69-98:
I. In excess, for any week or weeks, of the benefits which would have been payable but for this section; or
II. In excess of the maximum benefits payable under RSA 282-A:24-41; or
III. When no benefits would have been payable to an individual, but for this subdivision, because of the lack of wages for insured work necessary to qualify for benefits. In the event that no charge is to be made to an employer's account such as hereinabove provided, such reimbursements shall be charged against the fund. The commissioner of the department of employment security is authorized to make to other state or federal agencies, and to receive from such other state or federal agencies, reimbursements from or to the fund in accordance with arrangements entered into pursuant to RSA 282-A:169.
Source.
1937, 178:1. 1941, 103:46. RL 218:15. 1949, 180:1. 1953, 261:5. RSA 282:16(B). 1959, 28:4. 1963, 194:11. 1965, 57:3. 1971, 156:31. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:171 - New Findings.

282-A:171 New Findings. –
If, after entering into an arrangement under RSA 282-A:169, II or III, the commissioner of the department of employment security finds that the unemployment compensation law of any state or of the federal government participating in such arrangement has been changed in a material respect, the commissioner shall make a new finding as to whether such arrangement shall be continued with such state or states or with the federal government.
Source.
1937, 178:1. 1941, 103:46. RL 218:15. 1949, 180:1. 1953, 261:5. RSA 282:16(C). 1959, 28:4. 1963, 194:11. 1965, 57:3. 1971, 156:31. 1981, 408:3, eff. Oct. 1, 1981.