Section Pub 201.01 - Documents(a) Except as provided in (b) below, all orders, decisions, requested findings, correspondence, motions, petitions, complaints and any other documents filed with the board shall be filed or issued electronically via internet transmission only in the manner set forth in (d) below, and deemed to have been issued, filed, made or received:(1) As to orders or material issued by the board, on the issue date; and(2) As to petitions, complaints or material filed by petitioners, complainants or other persons, on the date upon which the board received the document electronically at the board's general email address, pelrb.info@nh.gov or as shown on the PELRB Website.(b) Electronic submissions to the individual email addresses of the executive director, staff counsel, hearing officers, or other staff shall be deemed not filed.(c) A document electronically filed shall be deemed filed on the date and time stated on the Notice of Electronic Filing received by the party from the board. All electronic filings shall be completed before midnight local time in order to be considered timely filed that day unless a different time is established by order of the presiding officer pursuant to (h) below.(d) The board shall not docket nor deem filed any complaint or other submission which requires a filing fee until such filing fee is paid.(e) Parties who are unable to accomplish their filings electronically shall submit their filings via non-electronic means together with a certification stating why the filing cannot be accomplished electronically. The board shall reject any such filings which it finds could have been submitted electronically. Parties may seek to file non-electronically between the hours of 8:30 a.m. and 4:00 p.m. on Monday through Friday, excluding dates when the agency is closed in observance of state holidays. Proper non-electronic filings shall not be docketed nor deemed filed until any required filing fee is paid. Parties with an interest in establishing, preserving or providing a date of such filings shall be responsible for taking measures to accomplish this, either by using certified or registered mail, a courier or express delivery service or in-hand delivery with an additional copy of the documents being filed being stamped with a time/date device normally used by the board for such purposes. The board shall not accept filings via facsimile transmission.(f) At least one copy of the documents being filed or the accompanying letter of transmittal shall bear an original signature of the party offering those documents for filing. Facsimile copies shall not be suitable for filing and shall not be accepted for that purpose. Any document for which a filing fee is required shall not be considered filed until the requisite fee has been received at the board.(g) All documents filed with the board shall be printed, typed or clearly and legibly reproduced on good quality paper, 8-1/2 x 11 inches in size and shall, when filed electronically, be submitted in Microsoft Word or Adobe PDF format. Filings shall be signed by the person submitting them and shall identify the employee organization or public employer, if any, with which the person filing the document is affiliated. Signatures on non-scanned documents shall be established by the following signature format: '/s/ [Insert Signatory's Name]" and the paper form of the document shall contain the original signature. Documents that are electronically filed shall be maintained in paper form by the filing party until one year after the date of filing or until the conclusion of all appeals in the case, whichever date is later, and shall be produced for inspection upon request by the board or any party.(h) Any and all documents filed electronically via internet transmission shall adhere to the following procedure:(1) The filing shall include an e-mail correspondence that identifies the name of the person or representative making the filing, the name of the party in whose name the document is being filed, and an identification number assigned by the board to the individual filing the document. The board shall provide an identification number to any person upon request for same; and(2) Documents filed electronically shall be capable of being printed, typed or clearly and legibly reproduced on good quality paper, 8-1/2 x 11 inches in size, in Microsoft Word or Adobe PDF format, and forwarded as an attachment to the above referenced e-mail correspondence.(i) All documents filed with the board, including those filed electronically, for which copies are required to be delivered to other persons or parties, shall contain a statement certifying that a copy of the document has been delivered to the appropriate persons or parties and describing the date and manner by which the document was delivered to such persons or parties.(j) All requests for relief shall be separately stated at the conclusion of all pleadings or other written submissions. Any request for relief which seeks action or decision in advance of a final hearing on the merits shall be presented in a separately filed motion specifically stating the relief requested and the factual and legal basis for the requested relief.(k) Time limits stated in these rules shall be extended for specific periods of time for good cause shown, to include: (1) Illness or weather emergency;(2) Discovery of previously unavailable evidence;(4) Other circumstances beyond the control of the requesting party that would result in the suffering of undue prejudice if an extension is not granted.N.H. Admin. Code § Pub 201.01
#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91 (see Pub 201.03)
New. #5679, eff 8-4-93 (from Pub 102.02) , EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00; ss by #8426, eff 9-1-05; ss by 9081-A, eff 1-29-08; ss by #9441-A, eff 3-27-09