N.H. Admin. Code § Hum 209.01

Current through Register No. 50, December 12, 2024

Section Hum 209.01 - Further Investigation

(a) In the event that a pre-determination conference is not held or the parties fail to reach a pre-determination settlement, the investigator shall conduct further investigation as follows:

(1) Interview all parties who are individuals; and

(2) Any of the following considered necessary by the investigator:

a.Interview a representative designated by a respondent entity in accordance with (e) below;

b.Request documents;

c.Request written statements by parties and witnesses;

d.Perform on-site investigations; and

e.Interview co-workers of the complainant and other potential witnesses.

(b) An investigator unable to comply with the obligation of (a)(1) above to interview a party who is an individual shall request that the investigating commissioner issue a written exemption from the obligation.

(c) The investigating commissioner shall issue the written exemption if:

(1) The investigator cannot locate the party individual;

(2) The complainant fails to proceed with the complaint;

(3) The commission lacks jurisdiction over the matter under investigation; or

(4) The individual to be interviewed refuses to cooperate in the scheduling of the interview.

(d) Interviews shall be conducted in person, by telephone or by other means.

(e) A respondent that is an entity may designate a representative to be present when managerial employees of the respondent are interviewed regarding their role in the decision leading to the complaint or the respondent's policies or practices, but non-managerial employees of the respondent shall be interviewed without a representative of the respondent entity present.

N.H. Admin. Code § Hum 209.01

#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