New Hampshire Revised Statutes 275-F:7 – Authority of the Commissioner
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I. The commissioner shall have the authority to determine any liabilities or civil penalties under N.H. Rev. Stat. § 275-F:8 and N.H. Rev. Stat. § 275-F:9 and the applicability of any exceptions under N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. § 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.
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.
Terms Used In New Hampshire Revised Statutes 275-F:7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
III. To determine whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable under N.H. Rev. Stat. § 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 N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. § 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.