reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:31-d - Benefits Payable.

282-A:31-d Benefits Payable. –
I. The weekly worksharing benefit amount payable to an affected individual shall be the product of the regular weekly benefit amount, as defined in RSA 282-A:25 multiplied by the percentage reduction in the individual's normal weekly hours of work, rounded to the next lower full dollar amount. The weekly worksharing benefit amount shall not be reduced by reason of application of the provisions of RSA 282-A:26 to remuneration received from the worksharing employer. If in any week an individual performs services for a worksharing employer and an employer other than the worksharing employer, the weekly worksharing benefit amount shall be reduced by the amount by which the remuneration received from the non-worksharing employer exceeds 30 percent of the maximum benefit rate in effect.
II. The total worksharing benefit amount payable to an affected individual during any benefit year shall not exceed the amount of total benefits calculated under RSA 282-A:25 minus the amount of regular and worksharing benefits paid to said individual under this chapter.
III. An individual who has received all the worksharing benefits or the combined regular benefits and worksharing benefits available in a benefit year shall be considered an exhaustee for purposes of extended benefits under RSA 282-A:30 and for any special federal extended benefits program, and, if otherwise eligible, shall be permitted to receive extended benefits and special federal extended benefits.
IV. An individual who performs no services during a week for the worksharing employer and is otherwise eligible shall be paid benefits in accordance with the other provisions of this chapter.
V. Claims for worksharing benefits shall be filed by the worksharing employer or as otherwise prescribed by the commissioner.
VI. Notwithstanding any other provision of this chapter relating to charges, all worksharing benefits shall be charged to the account of the worksharing employer. Benefits paid under this section shall be charges to the employer's account in the same manner as regular benefits are charged, except that, if the employer pays contributions in accordance with RSA 282-A:87, Schedules II and III, the employer shall be charged and billed as if it had elected to make payments in lieu of contributions under RSA 282-A:70.
VII. Except where inconsistent with the provisions of this section, the provisions of this chapter, including the rules and regulations adopted under this chapter, shall apply to benefits under this section.
Source.
2010, 28:1, eff. May 11, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:31-e - Conformance With Minimum Standards.

282-A:31-e Conformance With Minimum Standards. –
I. In the event that the Congress of the United States should pass any legislation, or the Secretary of Labor of the United States shall issue any regulation, establishing certain minimum standards for eligibility for 100 percent reimbursement, the commissioner of the department of employment security, or the commissioner's duly authorized representative, is hereby authorized to make such revision as may be necessary to cause this section to conform with such minimum standards. If any of the provisions of this section or the application thereof to any persons or circumstances are held invalid, the remainder of this section and the application of this section to other persons or circumstances shall not be affected thereby.
II. In the event that any provision in this section fails to be approved by the Secretary of Labor of the United States under section 3306(v)(10), FUTA, such provision shall be severed here from, and the validity of the remainder of this section shall not be affected thereby.
Source.
2010, 28:1, eff. May 11, 2010. 2013, 210:3, eff. Sept. 8, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:31-f - Suspension or Termination of Program.

282-A:31-f Suspension or Termination of Program. –
The commissioner, with the consent of the advisory council on unemployment compensation, may suspend or terminate the operation of the worksharing program if, at any time, he or she determines that such action would be in the best interests of the state of New Hampshire.
Source.
2010, 28:1, eff. May 11, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:31-g - Definitions.

282-A:31-g Definitions. –
In the subdivision:
I. "Commissioner" means the commissioner of the department of employment security.
II. "Department" means the department of employment security.
III. "Self-employment assistance activities" means activities approved by the commissioner in which an individual participates for the purpose of establishing a business and becoming self-employed. "Self-employment assistance activities" shall include entrepreneurial training, business counseling, and technical assistance.
IV. "Self-employment assistance allowance" means an allowance payable, in lieu of regular benefits, from the unemployment compensation trust fund to an individual who meets the requirements of this subdivision.
V. "Self-employment assistance program" means a program under which an individual who meets the requirements of RSA 282-A:31-h, II is eligible to receive an allowance in lieu of regular benefits for the purpose of assisting that individual in establishing a business and becoming self-employed.
VI. "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, other than additional benefits, extended benefits, and extended benefits for dislocated workers.
Source.
2013, 218:1, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:33 - Temporary Self-Employment.

282-A:33 Temporary Self-Employment. –
No individual shall be ineligible for benefits or disqualified for benefits solely because he has engaged in temporary self-employment without intending to establish a business while otherwise unemployed if he continues to seek employment after completion of such temporary self-employment endeavor.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(A)(4). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1977, 441:18, 19. 1979, 348:12. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:34 - Intoxication; Drugs; Theft.

282-A:34 Intoxication;  Drugs;  Theft. –
I. An unemployed individual who has been discharged for intoxication or use of controlled drugs as defined in RSA 318-B:1, VI, of such degree and rate of occurrence as to seriously hamper or interfere with the individual's work, shall be disqualified for benefits. Such disqualification shall continue until a period of not less than 4 weeks nor more than 26 weeks from the date of discharge, as may be determined by the commissioner, has passed and until such individual has earned wages as provided in RSA 282-A:32, I.
II. An unemployed individual who has been discharged for a single theft or multiple thefts in the aggregate of an amount greater than $100 but less than $250, where such conduct is connected with his or her work, shall be disqualified for benefits. Such disqualification shall continue until a period of not less than 4 weeks nor more than 26 weeks from the date of discharge, as may be determined by the commissioner, has passed and until such individual has earned wages as provided in RSA 282-A:32, I.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(C). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1981, 408:3, eff. Oct. 1, 1981; 416:7, eff. April 4, 1981. 2011, 254:2, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:35 - Gross Misconduct.

282-A:35 Gross Misconduct. –
An unemployed individual who has been discharged for arson, sabotage, felony, assault which causes bodily injury, criminal threatening, or a single theft or multiple thefts in the aggregate of an amount equal to or greater than $250, where such conduct is connected with his or her work, shall suffer the loss of all wage credits earned prior to the date of such dismissal.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(D). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1981, 408:3. 2006, 130:4, eff. Jan. 1, 2007. 2010, 275:1, eff. Sept. 6, 2010. 2011, 254:1, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:36 - Labor Dispute.

282-A:36 Labor Dispute. –
A person shall be disqualified for benefits for any week with respect to which the commissioner finds that his or her total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he or she is or was last employed; provided that this section shall not apply if it is shown to the satisfaction of the commissioner that:
I. (a) The person is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and
(b) The person does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; provided that, if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment, or other premises; or
II. The person has become unemployed and entitled to unemployment compensation before the commencement of the labor dispute and his connection with the employer has been totally severed, including the absence of recall rights, seniority rights and other fringe benefits and indicia of employment; or
II-a. The stoppage of work was due solely to a lockout or the failure of the employer to live up to the provision of any agreement or contract of employment entered into between the employer and his or her employees; or
III. The stoppage of work has continued for a period of 2 weeks after the termination of the labor dispute; or
IV. The person has, since becoming unemployed for the reasons set forth in the introductory paragraph worked in 5 or more weeks in employment as defined in RSA 282-A:9, except RSA 282-A:9, IV(f), or wages earned in a like manner in another state, earning in each week an amount at least equal to such person's maximum benefit rate plus 20 percent thereof, and then becomes unemployed from said employer due to a lack of work.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(F). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1979, 348:13. 1981, 408:3. 1983, 368:2. 2003, 116:7, eff. Aug. 8, 2003.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:37 - Federal Unemployment Compensation.

282-A:37 Federal Unemployment Compensation. –
An individual shall be disqualified for benefits for any week or part of a week with respect to which he is seeking to receive or has received payments in the form of unemployment compensation, or payments supplementary to New Hampshire unemployment compensation, under any law of the federal government; provided, however, that there shall be no disqualification for seeking to receive or receiving unemployment compensation, or supplementary payments, under Chapter 85 of Title V of the United States Code.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(G). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1977, 441:13. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:38 - Another State.

282-A:38 Another State. –
An individual shall be disqualified for benefits for any week or part of a week with respect to which he is seeking to receive or has received payments in the form of unemployment compensation under an unemployment compensation law of any other state or under a similar law of the federal government, provided that seeking to receive or receiving payments under any reciprocal arrangement to which New Hampshire is a party under RSA 282-A:169-172 shall not disqualify the individual for benefits.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(H). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:39 - Unavailable for Work.

282-A:39 Unavailable for Work. –
An individual shall be disqualified for benefits for any week or weeks during any part of which he is not available for work outside a home, irrespective of his reason for refusing to be available for work outside a home.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(I). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:40 - Disciplinary Layoff.

282-A:40 Disciplinary Layoff. –
An individual shall be disqualified for benefits for the duration of his disciplinary layoff; provided, however, that the disciplinary layoff is for a reasonable term and based upon good cause as determined by the commissioner or his authorized representative.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(L). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1979, 348:14. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:41 - Aliens.

282-A:41 Aliens. –
I. An individual shall be disqualified for benefits on the basis of services performed by an alien unless such an alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212(d)(5) of the Immigration and Nationality Act).
II. Any data or information required of individuals claiming benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all claimants for benefits.
III. In the case of an individual whose claim for benefits would otherwise be approved, no determination that benefits are not payable to such individual because of his alien status shall be made except upon a preponderance of the evidence.
Source.
1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(N). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1979, 328:11. 1981, 408:3. 2005, 239:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:42 - Definitions.

282-A:42 Definitions. –
The following terms used in this subdivision shall have the following meanings unless the context clearly requires otherwise:
I.
Certifying Officer. "Certifying officer" shall mean the commissioner or his representative authorized to make determinations on claims.
II.
Claim. A "claim" shall mean:
(a) Initial Claim. The first filing for benefits within a benefit year or the first claim for benefits 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 any benefits. Such 7-day period need not be a 7-consecutive-day period.
(b) The application for either total or partial unemployment compensation benefits for any 7-consecutive-day period. Said period is to be determined in accordance with the rules of the commissioner.
III.
Interested Party. "Interested party" means the claimant, his last employing unit or employer, any employer whose account was or may be charged with benefits paid and any employing unit or employer whenever the claimant's reason for leaving their employ may be material to his claim.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(1). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:43 - Filing.

282-A:43 Filing. –
Claims for benefits shall be made in accordance with such rules as the commissioner of the department of employment security may adopt.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(A). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:44 - Determination Procedure.

282-A:44 Determination Procedure. –
A determination shall be a decision by the certifying officer on a claim and shall be made, except as otherwise specifically provided in this chapter, as follows:
I. A determination on an initial claim for total or partial benefits for any week shall include: the maximum duration thereof; whether or not, with the reasons therefor, the claimant is payable for such week and for consecutive weeks thereafter for which claims are filed (no other fact appearing to the contrary during such period); and identification of the employer whose account will be charged with benefits to be paid by reason of such determination. This determination shall in every case be mailed to all interested parties.
I-a. A determination on the first claim in a benefit year shall be mailed to the claimant and shall include:
(a) The annual earnings in the base period with the name of each employer reporting wages paid to the claimant, and the amount of such wages;
(b) The maximum benefits then available; and
(c) The maximum weekly benefit amount and the maximum duration of such weekly benefits.
II. A determination shall be made by a certifying officer on any claim for benefits, though not an initial claim, if, in his judgment, there appears to be an issue relative to the entitlement of the claimant to benefits. The determination shall be in the manner provided in paragraph I, and the interested parties shall be notified in the same manner.
III. Nothing in this section shall be construed to require that a determination be made with respect to a claim for any week or where the week is one of any of the consecutive weeks for which benefits are paid immediately following the week with respect to which a determination is made under paragraph I except as provided in paragraph II.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(2). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3. 1989, 267:6, eff. July 25, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:45 - Fact Finding; Employer Cooperation.

282-A:45 Fact Finding;  Employer Cooperation. –
I. Except as provided in RSA 282-A:45-a, in finding the facts material to a claim, the certifying officer shall in every case in which the reason for an individual's leaving employment may be material:
(a) Send to the last employing unit or any employer who was or may be charged with benefits and any employing unit or employer whenever a claimant's reason for leaving their employ may be material to the claim a notice of the filing of a claim advising the employer or employing unit of the material information provided by the claimant and advising the employer or employing unit whether the department will initiate contact with the employer or employing unit to obtain full and complete information or whether the employer or employing unit is required to contact the department to dispute the information provided by the claimant; and
(b) [Repealed.]
(c) Send to the same employing units or employers as in subparagraph (a) an information verification and waiver form as provided in RSA 282-A:50.
II. The notice, request and waiver form provided for in paragraph I may be in one or more forms and shall be as provided for in the rules adopted by the commissioner, including such time limitations as the commissioner deems appropriate.
III. Failure on the part of the employing units or employers to respond in at least one of the methods provided in paragraph I shall, at the expiration of the period set for response, 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, by reason of some later decision, held not to be entitled to such benefits.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(3). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3. 1999, 206:5-7, 9. 2005, 239:2, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:45-a - Fact Finding for Mass Layoffs.

282-A:45-a Fact Finding for Mass Layoffs. –
Fact finding for mass layoffs, whether such layoff is temporary or permanent, shall be in accordance with the following:
I. An employing unit or employer shall file a mass layoff notice with the department if the employer lays off or expects to lay off 25 or more individuals:
(a) In the same calendar week;
(b) For an expected duration of 7 days or more; and
(c) For either of the following reasons:
(1) Vacation or holiday shutdown; or
(2) Company closure.
II. The mass layoff notice form required in paragraph I may be on one or more forms and shall be as provided for in the rules adopted by the commissioner, including such time limitations as the commissioner deems appropriate.
III. Failure on the part of the employing unit or employer or both to file the notice required in paragraph I shall, at the expiration of the period set for response, 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, by reason of some later decision, held not to be entitled to such benefits.
IV. An employing unit or employer may be granted a waiver from filing the mass layoff notice required in paragraph I if the commissioner determines, in accordance with such rules as the commissioner shall adopt, that it is unlikely that 25 or more of the individuals laid off will file an initial claim, as defined in RSA 282-A:42, II(a), due to the expected receipt of wages, as defined in RSA 282-A:14, III. Any such waiver shall become void if in fact 25 or more of the individuals laid off claim benefits.
Source.
2005, 239:3, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:46 - Redetermination.

282-A:46 Redetermination. –
I. A certifying officer may, within 60 days of any determination, for good cause reconsider the determination or any part thereof, provided there was no appeal taken from the determination, or the appeal tribunal has remanded the determination to the certifying officer under RSA 282-A:56.
II. Notwithstanding the filing of an appeal, a certifying officer may within one year reconsider that part of the determination that established the claimant's annual earnings, maximum benefit amount, or maximum weekly benefit amount. Such redetermination shall be made, and an appeal therefrom may be had, in the same manner as the original determination.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(4). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1979, 348:15. 1981, 408:3. 1987, 243:6. 1989, 267:7. 1994, 11:1. 1999, 206:8. 2005, 239:4, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:47 - Referral to Appeal Tribunal.

282-A:47 Referral to Appeal Tribunal. –
Any claim or question involved in a determination may be referred by the certifying officer to an appeal tribunal, and such appeal tribunal shall make its decision with respect thereto in accordance with the procedure described in RSA 282-A:53-58.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(5). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:48 - Appealing Determination.

282-A:48 Appealing Determination. –
Any interested party may appeal from a certifying officer's determination by filing an appeal to an appeal tribunal which must be received or, if filed by mail, postmarked within 14 calendar days after the determination was mailed to his last known address; provided that, if the commissioner finds sufficient grounds to justify or excuse a delay in filing an appeal, he may extend the time for filing the appeal.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(6). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 403:3. 1985, 340:5. 1991, 311:5, eff. June 30, 1991.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:49 - Determination Final.

282-A:49 Determination Final. –
If no appeal from a determination by a certifying officer is taken within the time limits in RSA 282-A:48, such determination shall thereupon become final and benefits shall be paid or denied in accordance therewith, subject to the provision in RSA 282-A:48 relative to good cause for late filing of the appeal; provided, however, that the certifying officer's determination shall continue to have effect as though no appeal had been filed with respect to all weeks of unemployment and any amount not affected by the appeal.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(7). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:50 - Waiver.

282-A:50 Waiver. –
A last employing unit or any employer whose account may become charged with benefits paid as a result of a determination by a certifying officer may waive, in proper form, in writing, his right to appeal from such determination prior to the making thereof. If such written waiver in proper form is made in such case, the determination shall become final as to the issues involved when made; and benefits may be immediately paid pursuant to such determination.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(8). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:51 - Opportunity to Appear.

282-A:51 Opportunity to Appear. –
It shall be a condition precedent to the cessation of payment of benefits to any individual that he be given an opportunity to appear in person at a designated office in accordance with the commissioner's rules to be heard relative to his continued entitlement to benefits. His failure to appear within the designated period shall be deemed a waiver of such right, and he shall be bound by the determination unless he appeals as provided in RSA 282-A:48.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(9). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:52 - Paying Benefits.

282-A:52 Paying Benefits. –
Benefits found payable by any administrative determination or decision, or court decision, order or decree, shall be immediately paid in accordance therewith up to the week in which a subsequent appellate body renders a decision, order or decree finding that benefits were not payable or are not payable or both. If the final decision, order or decree so decides an issue that the claimant would not have received the benefits paid him by a prior decision, such amount shall be deemed overpaid. The commissioner shall recover such amount 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 against the overpayment until it is repaid in full.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(B)(10). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:53 - Appeal Tribunals; Composition and Jurisdiction.

282-A:53 Appeal Tribunals;  Composition and Jurisdiction. –
Appeal from a certifying officer's determination and a decision made pursuant to RSA 282-A:164 shall be to an impartial tribunal appointed by the commissioner. Each such tribunal shall be known as an appeal tribunal, and shall consist of 3 members or one member. If the tribunal consists of 3 members, one member shall be a representative of employees, one shall be a representative of employers, and one shall be an employee of the department of employment security who shall serve as chairman of the tribunal. If the tribunal consists of one member, that member shall be an employee of the department of employment security and shall be the chairman. No person shall participate as a member of an appeal tribunal in any case in which he is an interested party or is the employee of an interested party. The chairman shall not be disqualified in an appeal concerning an individual claiming benefits by reason of state or federal employment.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(C)(1). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:54 - Tenure.

282-A:54 Tenure. –
The appointed members shall serve at the pleasure of the commissioner and shall be paid $40 for each day or any part thereof during which they perform services at the request of the commissioner. They shall be reimbursed for all expenses determined by the commissioner to be necessary to the performance of their duties.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(C)(2). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:55 - Withdrawal of Appeal.

282-A:55 Withdrawal of Appeal. –
A chairman may allow an appeal to be withdrawn by the appellant; but, in such case, the chairman shall send notice by certified mail, return receipt requested, or first class mail, whichever the commissioner determines to be the most appropriate, of his or her allowance of the withdrawal to all interested parties at the last address of each according to the records of the department of employment security. Simultaneously with the mailing of such notice, the determination of the certifying officer from which the appeal had been taken shall become final.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(C)(3). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3. 1987, 409:3, eff. July 1, 1987. 2013, 39:1, eff. Aug. 3, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:56 - Procedure.

282-A:56 Procedure. –
A hearing shall be conducted in such a manner as to ensure a fair and impartial hearing to the interested parties. The appeal tribunal shall hear the appeal de novo and shall not be bound by prior findings or determinations of the department of employment security although the records of said department shall be part of the evidence to be considered by the tribunal. An appeal shall be filed and presented and the hearing conducted in accordance with rules adopted by the commissioner. Such rules need not conform to common law or statutory rules of evidence or other technical rules of procedure. The place and time of a hearing shall be determined by the commissioner. In no case shall a hearing proceed unless the chairman is present. With the agreement of all the parties the appeal tribunal may, without holding a hearing, remand a determination for redetermination pursuant to RSA 282-A:46 for the purpose of correcting obvious department error.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(C)(4). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3. 2005, 239:5, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:57 - Records.

282-A:57 Records. –
A full and complete record shall be kept of all proceedings in connection with an appeal, and all testimony at any hearing shall be recorded verbatim.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(C)(5). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:58 - Decision.

282-A:58 Decision. –
In every appeal, except those withdrawn, the chairman shall prepare a written decision which shall be sent by certified mail, return receipt requested, or first class mail, whichever the commissioner determines to be most appropriate, to each interested party at the last address of each according to the records of the department of employment security. The decision, except one on an appeal dismissed for lack of prosecution or defaulted for failure to attend, among other necessary things as determined by the commissioner, shall: set forth all the material findings and specific provisions of law necessary to support the conclusions; identify the interested parties and the account, whether fund or employer, to which benefits will be charged, if allowed; identify the week or period during which benefits are denied; identify the first week and subsequent period with respect to which benefits will be paid, if allowed; determine all things necessary to finally dispose of the case; and identify the members of the tribunal.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(C)(6). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1977, 441:21. 1981, 408:3. 1983, 197:1. 1987, 409:4. 2003, 116:8, eff. Aug. 8, 2003.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:59 - Appearance and Postponement.

282-A:59 Appearance and Postponement. –
In order to protect the rights of the interested parties, if the commissioner, in his sole judgment, finds sufficient grounds to justify or excuse an interested party from appearing at a hearing or from requesting a postponement of a hearing, he shall direct the appeal tribunal to hold a further hearing. Such further hearing shall be de novo notwithstanding that a decision may have become final.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(D). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3, eff. Oct. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:60 - Reopening of Appeal Tribunal Decision; Procedure.

282-A:60 Reopening of Appeal Tribunal Decision;  Procedure. –
The second level of appeal shall be to the commissioner. The commissioner may, upon written request of an interested party or upon his own initiative, in any case in which a decision has been rendered, reopen the case on the basis of fraud, mistake, or newly discovered evidence. Such request shall set forth the facts or argument considered to be the basis for the reopening. Any request for reopening shall be received in his office or, if mailed, postmarked within 14 calendar days immediately following the date of the mailing of the appeal tribunal's decision provided that, if the commissioner finds sufficient grounds to justify or excuse a delay in filing, he may extend the time for filing the appeal. The commissioner shall promptly notify in writing all interested parties of the request for reopening.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(E)(1). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3; 576:7. 1985, 304:6. 1987, 409:5. 1991, 311:6, eff. June 30, 1991.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:61 - Commissioner's Determination.

282-A:61 Commissioner's Determination. –
The commissioner shall render his or her determination within a reasonable period after all the facts or arguments are made available to him or her. The determination of the commissioner shall be sent by certified mail, return receipt requested, or first class mail, whichever the commissioner determines to be the most appropriate, to each interested party at the last address of each according to the records of the department of employment security. The appeal tribunal shall, upon direction to reopen, proceed in the same manner as though an appeal in said case were being taken from a determination of a certifying officer; provided, however, that the further hearing shall be limited to the introduction of evidence or argument relative to and concerning the factors which constitute the basis or ground for the reopening unless the commissioner orders a de novo hearing.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(E)(2). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3; 576:7. 1987, 409:6, eff. July 1, 1987. 2013, 39:2, eff. Aug. 3, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:62 - Appellate Board.

282-A:62 Appellate Board. –
I. There shall be an appellate board consisting of 8 members, who are and continue to be residents of New Hampshire, appointed by the governor with the advice and consent of the executive council for 4-year terms and until their successors are appointed and qualified. Two of the members shall be attorneys-at-law admitted to the practice of law in the state of New Hampshire, one of whom shall be the chair, and one of whom shall be the vice chair and shall serve in the absence of the chair. These 2 members shall be the only members of the appellate board who are attorneys-at-law. Two members shall be representatives of business management familiar with unemployment compensation laws. Two members shall be representatives from organized labor familiar with unemployment compensation laws. Two members, who shall also be familiar with unemployment compensation laws, shall represent the public. The appointments shall be for 4 years. No person shall serve more than 8 consecutive years. Any vacancy shall be filled for the unexpired term. The members shall be paid $150 for each day or any part thereof during which they perform services, except that the chair and vice chair shall be paid $200 for each day or any part thereof during which they perform services. All members shall be reimbursed for all expenses determined by the commissioner to be necessary to the performance of their duties including mileage and board and room necessary for the conduct of hearings, except that no person who is a member of the appellate board and holds a part time, full time or per diem position with the executive, legislative or judicial branch shall receive the per diem allowance.
II. In the event of an increased workload the chair of the appellate board may request the governor with the advice and consent of the executive council to appoint up to 4 additional members to the board, with equal representation for business management and organized labor. These new members shall serve for one year from the date of appointment.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(F)(1). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3; 576:7. 1982, 31:1. 1987, 409:7. 2000, 116:1, eff. July 7, 2000.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:63 - Organization and Support.

282-A:63 Organization and Support. –
The appellate board shall be part of the department of employment security for organizational purposes but shall operate independently of that department. All clerical personnel, facilities, space, supplies, services, and other support necessary to the functioning of the appellate board shall be determined by, provided for, and administered by, the commissioner.
Source.
1937, 178:1. 1939, 138:13. 1941, 103:21-23. RL 218:5. 1945, 138:11, 12. 1947, 59:14, 15. 1949, 185:7-10; 290:2. 1951, 36:2; 140:8; 142:7, 8. 1953, 209:4. RSA 282:5(F)(2). 1955, 71:1; 141:10, 11. 1957, 118:6. 1961, 88:10-16. 1965, 208:6, 7; 373:2. 1969, 460:8-10. 1971, 156:23; 539:16-19. 1973, 119:1; 589:5, 6. 1981, 408:3; 576:7. 1983, 197:2. 1987, 409:8. 2000, 116:2, eff. July 7, 2000.