N.H. Code Admin. R. Hum 203.01

Current through Register No. 24, June 13, 2024

Section Hum 203.01 - Removal of Case to Superior Court by the Complainant

(a) Pursuant to RSA 354-A:21-a, I any person alleging to be aggrieved by any practice made unlawful by RSA 354-A shall have the option to remove his or her complaint by filing a civil action in superior court within the limitations set forth in Hum 203.03 and in accordance with (b) below.

(b) The civil action shall be brought:

(1) Not later than 3 years after the alleged unlawful practice; and

(2) Within the following time limits:

a.No earlier than 180 days following a timely filing with the commission; or

b.If the commission assents in writing, earlier than 180 days following a timely filing with the commission.

(c) A complainant wishing to file a civil action earlier than 180 days following a timely filing with the commission shall request the assent of the commission by:

(1) Filing a signed written motion stating:

a.The request and the reasons for it; and

b.Compliance with (2) and (3) below;

(2) Forwarding a copy of the motion to all other parties; and

(3) Seeking concurrence from all other parties.

(d) All other parties shall have the right to object to the motion described in (c) above within 10 days of receipt of the motion.

(e) The investigating commissioner shall make a decision on the motion described in (c) above within 20 days of receipt of any objection to the motion or 30 days from the filing of the motion, whichever comes later.

(f) The investigating commissioner shall grant the motion if:

(1) The complainant seeks to remove in order to consolidate the complaint of discrimination with other causes of action in court; or

(2) The commission can not complete its investigation within 180 days.

(g) A complainant who has filed a civil action in superior court:

(1) Shall notify the commission of having done so; and

(2) Shall not file a subsequent complaint with the commission based upon the same alleged unlawful practice.

N.H. Code Admin. R. Hum 203.01

#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