Civil Penalty Appeals Board Hearings
Civil Penalty Appeal Board hears appeals of civil penalties assessed following a Department of Labor level enforcement hearing in accordance with RSA 273:11-c. The Civil Penalty Appeals Board is administratively attached to the Department of Labor, with members appointed by the Governor and Council. It is comprised of three members: a labor representative, a management representative, and an attorney chairperson.
Any person aggrieved by a penalty imposed following a Department level hearing may appeal the determination to the Civil Penalty Appeals Board within 15 business days after the Department’s order. Requests to appeal must be submitted in writing, be copied to all parties, and reference the decision that the party wishes to appeal. Appeal requests to the Civil Penalty Appeal Board may be submitted by mail or email:
Mailing address:
Civil Penalty Appeals Board
New Hampshire Department of Labor
95 Pleasant Street
Concord, NH 03301
Email: CPABAppeals@dol.nh.gov
Appeals to the Civil Penalty Appeal Board are de novo, meaning that it is a new hearing not bound by prior findings or determinations and that new evidence may be submitted. However, no new statutory issues may be added to the appeal hearing agenda. Appeal hearings are assigned a unique civil penalty appeal docket number and are typically scheduled within 30 to 45 days from the date an appeal request is received. Evidence submitted for an appeal hearing must be disclosed to all parties and reference the penalty appeal docket number assigned to the case. Requests to continue an appeal hearing or to attend an appeal hearing via telephone or video must be made in writing, be copied to all parties, and provide the specific basis for the request. Evidentiary submissions, continuance, and video/telephonic participation requests may be submitted to the mailing address or email address specified above. Civil penalty appeal files are maintained separately from Department of Labor hearing files.
A written appeal decision will be rendered following an appeal hearing before the Civil Penalty Appeals Board. Any person aggrieved by a final decision of the Civil Penalty Appeals board may appeal the decision to the Supreme Court as specified at RSA 273:11-d.
Questions about the civil penalty appeals process or submissions may be directed to the Civil Penalty Appeals Board Administrative Assistant by telephone at (603) 271-3172 or email to CPABAppeals@dol.nh.gov.