Department Level Hearings
Information and resources when making hearing requests.
Two guides to provide process and information when making hearing requests.
- A Guide to Workers’ Compensation Hearing Requests Processes
- A Guide to Wage Adjustment and Civil Penalty Hearing Requests Processes
A Guide to Workers’ Compensation Hearing Requests Processes
When requesting a hearing at the department level, it is imperative that the request be in writing, copied to the opposing party and "shall set forth the reasons for requesting the hearing and the questions in dispute which the applicant expects to be resolved" (RSA 281-A:43, I(a)).
A hearing request should not merely list the sections of the statute for which you request a hearing but explain the basis for the request.
Hearing requests for RSA 281-A:48, Review for Eligibility for Compensation, must include the medical report which provides a work release to the injured employee or a doctor's report indicating that the injured employee is disabled.
Requests for hearings on "Noncooperation with Vocational Rehabilitation", RSA 281-A:25 V, must cite the vocational rehabilitation report which demonstrates the noncooperative behavior or provide a detailed explanation of the circumstances to disclose the nature of the dispute.
A self-represented or pro se injured employee, upon receiving a denial, may call or write to the Department of Labor to request a hearing. Upon receipt of the written request, a Department of Labor claims staff member will contact the carrier who will be asked to clarify the denial. Any reports used to support the denial will be requested, if not already submitted.
All such reports must also be sent to the injured employee, if not already sent. The Department of Labor will then advise the injured employee of his/her rights and expectations at the hearing.
Hearings on prospective treatment and bills are usually not scheduled but unique circumstances may exist that would necessitate the scheduling of such a hearing. Requests for hearings on medical bills, usually from the injured employee's attorneys or the pro se employee, must define the nature of the dispute.
Hearings are usually scheduled 4 to 6 weeks from the date the hearing request is received at the Department of Labor.
If an interpreter is necessary for translation, it is up to the requesting party to provide such at the time of the hearing. However, if an interpreter is needed for a hearing-impaired person, the Department of Labor must be advised as it is our responsibility to provide such. For all hearings which require an interpreter for hearing impaired to be present, request for an interpreter should be made to the department as soon as possible. All hearing requests involving interpreters should also request additional time.
You do have a right to request a hearing with the Department of Labor for any denials issued by the Workers’ Compensation carrier. This can be done within 18 months of the date of a denial.
If you would like to request a hearing, we will require that request be made in writing. You may send this request to us via mail, fax, or email. Please include the following in your request:
- Your name.
- Your date of injury.
- Your contact information.
- The reason for which you would like to request a hearing.
- A copy of the Denial(s) issued by the workers’ compensation insurance carrier.
- A clear indication that the correspondence has also been sent to the workers’ compensation insurance carrier. Administrative Law 503.01 states that all written correspondence sent to the Department must be sent to the opposing party as well. (This usually looks like, “CC: John Doe at Insurance Carrier Name” put at the bottom of any letters sent to the Department to indicate the letter was “copied” to the insurance carrier.)
Please send any requests for hearing to one of the following:
Email Address: DOL.Scheduling@dol.nh.gov
Fax Number: (603) 271-0126
Mailing Address:
Workers’ Compensation Division
New Hampshire Department of Labor
95 Pleasant Street
Concord, NH 03301
Information about the New Hampshire Bar Association: They offer a New Hampshire Lawyer Referral Service that can be reached at (603) 229-0002 or the Lawyer Referral Service website.
A Guide to Wage Adjustment and Civil Penalty Hearing Requests Processes
What happens at a hearing?
The Department mails the employer, and any attorney(s) noted, a “Notice of Hearing” that tells when, where, and why a hearing is taking place. Hearings usually start on time and will go forward without all of the parties if they are not here within 15 minutes of the scheduled start time, unless the Department has received a call.
Hearings cannot be canceled within 7 days of the hearing, except in rare instances when the Department believes that an emergency or a “compelling need” exists. If it is necessary for a party to request that a hearing be rescheduled, the request must be in writing to the Department.
The hearing takes place in a conference room before a Hearing Officer, who is an employee of the Department. The hearing is recorded, and all parties are placed under oath or affirmation before testifying. The Department presents its case first, including the presentation of evidence and any witnesses.
The employer/business can then ask the Department representatives and witnesses any questions, and then the employer/business presents their case. The Department can then ask the employer/business representative questions, and both parties are given a chance to add anything or summarize their case before the hearing is closed.
Can a party testify by telephone?
The rules of the Department allow parties to testify by telephone only if all parties and the Department agree to it. Please let the Department know as far in advance as possible if there is a need to testify by telephone.
If all parties do not agree to a telephonic hearing, the Department may allow telephonic testimony based upon economic hardship, illness, geographical restrictions, incarceration, safety concerns, or a finding that it would be manifestly inequitable to deny telephonic testimony.
Telephonic testimony is not allowed where the assessment of credibility is an issue.
What happens if a party does not show up?
If a party does not appear at the hearing, the hearing usually proceeds as scheduled. A decision is rendered on the testimony and evidence presented at the hearing and evidence submitted in writing prior to the start of the hearing.
Should a party bring a lawyer to the hearing?
The Department cannot answer this question. This is an individual decision. The Department makes every effort to conduct hearings in a straightforward manner and attempts to make certain that everybody gets a fair hearing whether or not they are represented by legal counsel.
If an attorney is hired, they are responsible to file an “Appearance” with the Department when they are retained.
Can additional issues be brought up at the hearing?
Generally, only the issues on the Hearing Notice will be discussed at the Hearing. Any party can add or expand issues up to 14 days before the hearing. Issues not noticed on the Hearing Notice can only be discussed at the hearing if all parties agree to add the issues.
Does one party have to let the other party know what they plan to say at the hearing?
Yes. All parties are required to let the other party know two business days prior to the hearing the nature of all evidence and submissions they plan to present.
What and who should be brought to the hearing?
Again, the Department cannot answer this question. All documentation should be submitted to this Department at least two business days prior to the date of the hearing.
Parties can bring witnesses to testify to the facts of the case. Witnesses should not be brought to say that someone is an honest person or a good employer as these references are not usually relevant to the decision.
Can letters be submitted from people who are not able to attend the hearing?
Yes, letters can be presented. It is preferable to get any letters notarized. Letters are not given as much weight as a live witness in deciding the case because the Department is not able to ask the questions.
Again, documentation should be submitted at least two business days prior to the date of the hearing.
How does the hearing officer decide a case?
The hearing officer considers the testimony and evidence presented by all parties present at a hearing, as well as the credibility of the witnesses, make their decision. They will determine the facts that have been proven as true and whether any New Hampshire Labor Law statutes have been violated.
Who has the "burden of proof"?
The Department has the burden to prove the violations contained in the Inspector’s Report occurred, meaning that it is more probable than not that the violations occurred.
What is not allowed at hearings?
Drugs, alcohol, weapons of any kind (including by persons licensed or authorized to carry weapons), violence disrespect, threatening, or any action out of the regular order of a hearing will not be tolerated.
When do I get a decision?
A written decision is usually mailed within 30 days of the date that the record is closed by the Department, which may be after the date of the actual hearing, if the record is left open by the hearing officer for the submittal of additional evidence.
What if a mistake is in the decision, or if it is not clear?
The rules of the Department let a party ask for a reconsideration of a decision within 10 days of the date of the decision, only in instances where there is “clearly a mistake” such as a math error, or for clarification if the decision is unclear. A party should not ask for reconsideration just because they disagree with the decision.
How can a decision be appealed?
The decision will specify any appeal rights.
Foward and Disclaimer:
The Guide to Wage Adjustment and Civil Penalty Hearing Requests Processes is a “plain language” explanation of what employers can expect when they are involved in a wage adjustment hearing and/or civil penalty hearing before the NH Department of Labor.
This guide answers the most commonly asked questions and is not meant to be a comprehensive review of all statutes and rules governing the hearing process. If a specific question or concern is not addressed in this guide, parties are encouraged to contact the Department with specific questions at:
Email Address: Inspection.Division@dol.nh.gov
Fax Number: (603) 271-1492 or (603) 271-6294
Mailing Address:
Inspection Division
New Hampshire Department of Labor
95 Pleasant Street
Concord, NH 03301