Bill Text - HB359 (2013)

Relative to mailing of notices and determinations by the department of employment security.


Revision: May 3, 2013, midnight

HB 359 – VERSION ADOPTED BY BOTH BODIES

2013 SESSION

13-0644

08/01

HOUSE BILL 359

AN ACT relative to mailing of notices and determinations by the department of employment security.

SPONSORS: Rep. A. White, Graf 13

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill allows the commissioner of the department of employment security to send notices of withdrawal of appeals and decisions on requests to reopen appeal tribunal decisions by first class mail rather than certified mail.

This bill is a request of the department of employment security.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0644

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to mailing of notices and determinations by the department of employment security.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Withdrawal of Appeal; Mailings. Amend RSA 282-A:55 to read as follows:

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 A chairman may allow an appeal to be withdrawn by the appellant; but, in such case, the chairman shall send notice by certified mail, return receipt requested, or first class mail, whichever the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.

2 Determination of the Commissioner; Mailings. Amend RSA 282-A:61 to read as follows:

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.

3 Effective Date. This act shall take effect 60 days after its passage.