N.H. Admin. Code § Lab 203.06 - Stay of Proceedings

(a) When the parties to a matter pending before the department are also parties to another proceeding brought in a Court of the United States, Court of the State of New Hampshire or of a sister state dealing with the same issues pending before the department, either party may request a stay of the proceedings before the department until the court proceedings have been concluded.

(b) A party requesting a stay shall:

(1) File the request for stay in writing with copies to all parties of record;

(2) State the court where the case has been filed giving the full name of the case and the docket number assigned to the case by the court;

(3) State the issues in the case that would warrant a stay of the proceedings pending before the department;

(4) State that concurrence to the request has been sought from all the other parties;

(5) State the response of the other parties to the request;

(6) If the requesting party has been unable to contact one or more of the parties, state the attempts that were made to contact that party or those parties and

(7) Inform the department of the outcome of the court proceedings whether the result is a judgment, settlement, or other court approved disposition.

(c) Upon receipt of a request for a stay in accordance with Lab 203.06(a) the commissioner or the commissioner's representative shall review the request and determine if a compelling need exists to stay the matter pending before the department by considering:

(1) Whether the issues in the court proceeding are identical or substantially similar to the issues in the matter pending before the department;

(2) Whether the resolution of the proceedings in the court will have a substantial effect on the resolution of the proceedings before the department or render the proceedings before the department moot and

(3) Whether requiring the issue to be heard in two forums at the same time would result in an inefficient use of governmental resources or unduly burden the parties.

(d) The commissioner or commissioner's representative shall notify the parties of the decision to grant or deny the stay no later than 20 days from the date the request is filed.

Notes

N.H. Admin. Code § Lab 203.06

#8922-A, eff 7-1-07