Section Hum 213.01 - Moving to Reopen(a) Any party wishing to reopen a case administratively closed pursuant to Hum 212.01(b) through (h) shall: (1) File a motion within 30 days of receipt of the closure letter including:b.The grounds for the request;c.A statement of compliance with (2) and (3) below; andd.Any memorandum the party wishes to submit;(2) Forward the motion to all other parties; and(3) Seek concurrence from all other parties.(b) All other parties shall have the right to object to the motion within 10 days of its receipt.(c) With respect to motions to reopen cases closed pursuant to Hum 212.01(b), (c) or (d), the investigating commissioner shall grant the motion if: (1) There exists new and material evidence indicating that the case was improvidently closed; or(2) The case was closed because of mistake of fact or law.(d) With respect to motions to reopen cases closed pursuant to Hum 212.01(e) or (f), the investigating commissioner shall grant the motion if:(1) There exists new and material evidence indicating that the case was improvidently closed;(2) The case was closed because of mistake of fact or law; or(3) The complainant failed to proceed or could not be reached because of:a.Retaliation or the threat of retaliation based on having filed the complaint;b.Harassment based on having filed the complaint; orc.Any other improper pressure put on the complainant because of the filing of the complaint. (e) With respect to motions to reopen cases closed pursuant to Hum 212.01(g) or (h), the investigating commissioner shall grant the motion if the case has been dismissed by the court on non-substantive grounds not binding upon the commission.N.H. Code Admin. R. Hum 213.01
#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