Revision: Nov. 7, 2017, 3:04 p.m.
HB 1257 - AS INTRODUCED
2018 SESSION
18-2295
08/04
HOUSE BILL 1257
AN ACT relative to judicial review of proceedings before the human rights commission.
SPONSORS: Rep. J. Edwards, Rock. 4; Sen. Reagan, Dist 17
COMMITTEE: Judiciary
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ANALYSIS
This bill requires rehearings and appeals of human rights commission decisions to be held by the human rights commission in accordance with RSA 541.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2295
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to judicial review of proceedings before the human rights commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Human Rights Commission; Judicial Proceedings. RSA 354-A:22 is repealed and reenacted to read as follows:
354-A:22 Rehearings and Appeals.
I. The procedure for rehearings and appeals shall be that prescribed by RSA 541, except where otherwise provided by this section. Notwithstanding RSA 541:5, upon the filing of a motion for rehearing, the commission shall within 30 days either grant or deny the motion, or suspend the order or decision complained of pending further consideration, and any order of suspension may be upon such terms and conditions as the commission may prescribe.
II. The commission may at any time reserve, certify and transfer to the supreme court for decision any question of law arising during the hearing of any matter before the commission.
III. If the complainant brings an action in federal court arising out of the same claims of discrimination which formed the basis of an order or decision of the commission, such order or decision shall be vacated and any appeal therefrom pending in any state court shall be dismissed.
2 Effective Date. This act shall take effect January 1, 2019.