N.H. Code Admin. R. Hum 212.01

Current through Register No. 24, June 13, 2024

Section Hum 212.01 - Administrative Case Closure

The commission shall close a case administratively when:

(a) The complainant or the complainant's attorney withdraws the complaint and the complaint is not reinstituted pursuant to Hum 214.02;

(b) The director determines that a complaint is, on its face, outside the jurisdiction of the commission;

(c) The investigating commissioner determines, on the basis of information obtained during investigation, that the complaint is outside the jurisdiction of the commission;

(d) The investigating commissioner determines that:

(1) The respondent is bankrupt or insolvent;

(2) There is no appropriate successor in interest; and

(3) Further proceedings would be futile;

(e) The complainant fails to proceed by:

(1) Failing to appear, in person or by his or her attorney, for 2 scheduled appointments without requesting a postponement and rescheduling of the appointments by a written motion complying with Hum 220.02; or

(2) Failing to answer, in person or through his or her attorney, a certified letter warning of impending case closure;

(f) The investigator is unable, in spite of repeated attempts, to locate the complainant:

(1) By mail at the most recent address provided by the complainant;

(2) By telephone call made to the telephone number most recently provided by the complainant; and

(3) By contacting the complainant's attorney;

(g) The case has been filed in State court or the complainant has notified the commission in writing of his or her intent to file a civil action in State court;

(h) The case has been removed to superior court by one of the parties in accordance with Hum 203;

(i) The complaint was dually filed, the complainant has requested that the investigation and processing of the case be transferred to a federal agency and the federal agency has agreed that the director may transfer it; or

(j) The complaint was dually filed and the director has transferred the investigation and processing of the case to a federal agency because of a conflict of interest or inadequate resources.

N.H. Code Admin. R. Hum 212.01

#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