Go to Previous Versions
of
this Section
2024 New Hampshire Revised Statutes
Title XXIII - Labor
Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act
Section 275-F:7 - Authority of the Commissioner.
Universal Citation:
NH Rev Stat § 275-F:7 (2024)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
275-F:7 Authority of the Commissioner. –
I. The commissioner shall have the authority to determine any liabilities or civil penalties under RSA 275-F:8 and RSA 275-F:9 and the applicability of any exceptions under RSA 275-F:4.
II. The commissioner shall have the authority to examine the books and records of an employer, but only to the extent necessary to administer the provisions of this chapter.
III. To determine whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable under RSA 275-F:4, I(b) the employer shall make available to the department, upon request:
(a) A written record of documents relevant to the determination of whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable; and
(b) An affidavit verifying the contents of the documents contained in the record.
IV. Except as provided in this section, information obtained from any employer subject to this chapter regarding the material provided and the books, records, or wages paid to workers during the investigation of possible violations of this chapter, shall be confidential, shall not be disclosed to employees or their representatives, shall not be used in any court in any pending action or proceeding, and shall not be admissible in evidence in any action or proceeding other than one arising out of this chapter.
V. The commissioner shall adopt rules under RSA 541-A relative to the administration and enforcement of this chapter.
VI. The commissioner may hold in trust any proceeds from a lien filed under RSA 275-F:8 pending adjudication of any claims to the proceeds by an employer. Following the final adjudication of such claims, the commissioner shall distribute any proceeds from the lien on a pro rata basis to the employees of the employer or employers against whose business revenues and real and personal property the lien was obtained.
I. The commissioner shall have the authority to determine any liabilities or civil penalties under RSA 275-F:8 and RSA 275-F:9 and the applicability of any exceptions under RSA 275-F:4.
II. The commissioner shall have the authority to examine the books and records of an employer, but only to the extent necessary to administer the provisions of this chapter.
III. To determine whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable under RSA 275-F:4, I(b) the employer shall make available to the department, upon request:
(a) A written record of documents relevant to the determination of whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable; and
(b) An affidavit verifying the contents of the documents contained in the record.
IV. Except as provided in this section, information obtained from any employer subject to this chapter regarding the material provided and the books, records, or wages paid to workers during the investigation of possible violations of this chapter, shall be confidential, shall not be disclosed to employees or their representatives, shall not be used in any court in any pending action or proceeding, and shall not be admissible in evidence in any action or proceeding other than one arising out of this chapter.
V. The commissioner shall adopt rules under RSA 541-A relative to the administration and enforcement of this chapter.
VI. The commissioner may hold in trust any proceeds from a lien filed under RSA 275-F:8 pending adjudication of any claims to the proceeds by an employer. Following the final adjudication of such claims, the commissioner shall distribute any proceeds from the lien on a pro rata basis to the employees of the employer or employers against whose business revenues and real and personal property the lien was obtained.
Source. 2009, 325:1, eff. Jan. 1, 2010.
Disclaimer: These codes may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
