N.H. Admin. Code § Hum 201.01

Current through Register No. 50, December 12, 2024

Section Hum 201.01 - Definitions

Terms in this chapter shall have the following meanings:

(a) "Appearance" means a written notification to the commission that counsel for a party or other person intends to participate in pre-hearing proceedings governed by this chapter;

(b) "Complaint" means a written verified statement charging illegal discrimination under RSA 354-A;

(c) "Day" means a calendar day, including the next working day if a deadline falls on a Saturday, Sunday, or a holiday;

(d) "Determination of probable cause" means a determination made after investigation that there is sufficient evidence upon which a fact finder could form a reasonable belief that the respondent(s) committed one or more unlawful practices;

(e) Director" means the executive director of the New Hampshire commission for human rights;

(f) "Equal Employment Opportunity Commission (EEOC)" means the federal agency which was created by 42 U.S.C. § 2000e-4 to enforce Title VII of the Civil Rights Act of 1964, as amended;

(g) "Filed" means received by the commission at its offices;

(h) "Investigating commissioner" means the commissioner designated by the chair of the commission to supervise the commission's investigation of a complaint, make a determination of probable cause or no probable cause, and, upon a determination of probable cause, conduct efforts at conciliation;

(i) "Investigator" means a professional staff member of the commission assigned by the director to investigate a complaint;

(j) "Notice of right to sue" means a notice issued by the US Equal Employment Opportunity Commission pursuant to 29 C.F.R. §1601.28(a)(1) or (2);

(k) "Parties" means the complainant and one or more respondents;

(l) "Pre-determination conference" means a meeting that is not a hearing, held for purposes of investigation or negotiation or both;

(m) "Pro hac vice representation" means representation at the commission in a particular case only by an attorney not licensed to practice in New Hampshire;

(n) "Respondent" means one or more of the following against which a complaint of discrimination has been filed:

(1) A natural person;

(2) A corporation;

(3) An unincorporated association;

(4) An organization;

(5) A partnership;

(6) A limited liability company;

(7) A professional corporation;

(8) A business; and

(9) A unit of state or local government; and

(o) "Verified" means signed, and sworn or affirmed, before a notary public or justice of the peace.

N.H. Admin. Code § Hum 201.01

#6686, eff 2-5-98, EXPIRED: 2-5-06

New. #8589, INTERIM, eff 3-18-06, EXPIRED: 9-14-06

Source.(See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07