N.H. Admin. Code § Lab 203.04 - Failure to Appear

(a) A party to a workers' compensation hearing or appeal who, after due notice of hearing, fails to be present or fails to obtain a continuance shall, unless excused for good cause shown, be subject to either:

(1) The entry of an adverse decision;

(2)A decision by default; or

(3) Dismissal of a petition for hearing and award.

(b) A party shall be declared to have failed to be present when that party has not arrived or contacted the department as to the reason for being late within 15 minutes after the scheduled start time of the hearing.

(c) Any party to whom notice has been forwarded but fails to appear may within 30 days of the written decision, petition to have the default stricken. The default shall be stricken and the case reopened if the commissioner, commissioner's representative or panel determines there was good cause for failing to appear:

(d) Good cause shall include:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member; or

(5) Any other unforeseeable circumstance beyond the party's control, that requires the party's absence from the scheduled hearing.

(e) In accordance with the provisions of RSA 281-A:43 I(a), unless the absence of the party is excused for good cause as provided in 203.04 (c) that party shall be barred from any further action concerning an adverse decision, decision by default or dismissal of the petition for hearing and award.

(f) In hearings other than for workers' compensation, the hearing shall proceed in the absence of any party who, after due notice of hearing, fails to be present or fails to obtain a continuance. The hearing shall begin 15 minutes after the scheduled start time if a party to the hearing has not arrived and has not contacted the department as to the reason for being late. If a hearing concludes before the non-appearing party arrives, the non-appearing party shall not be allowed to submit testimony or evidence in the matter. The hearing officer or panel shall require that the party present submit such evidence as the hearing officer or panel deems necessary in order to make a ruling or decision.

Notes

N.H. Admin. Code § Lab 203.04

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #8922-A, eff 7-1-07