New Hampshire Code of Administrative Rules Emab - Unemployment Compensation Appellate Board for the Department of Employment Security
New Hampshire Administrative Rules — Emab: Unemployment Compensation Appellate Board
Overview
The Unemployment Compensation Appellate Board (Emab) operates within the New Hampshire Department of Employment Security. It functions as the administrative appellate body reviewing decisions related to unemployment compensation claims made by the initial adjudicating body.
The Board’s purpose is to:
Provide fair and impartial review of appeals regarding unemployment benefits.
Ensure compliance with New Hampshire unemployment compensation laws and regulations.
Resolve disputes concerning eligibility, benefit amounts, and overpayments.
The Emab rules govern the procedures for appeals, hearings, evidence, and decision-making.
Key Provisions of Emab Rules
1. Emab 100 – Definitions and Jurisdiction
Defines important terms such as “appellant,” “benefit year,” “claimant,” and “employer.”
Establishes the Board’s jurisdiction to review appeals from initial determinations by Department of Employment Security referees.
2. Emab 200 – Filing and Processing Appeals
Appeals must be filed within a specified timeframe (usually within 15-20 days of the initial decision).
Details the form and content of appeal submissions.
Outlines processing steps including notification to parties and scheduling hearings.
3. Emab 300 – Hearing Procedures
Appeals are typically resolved through oral hearings or sometimes based on written submissions.
Parties have the right to be represented, present evidence, and cross-examine witnesses.
Hearings are conducted before a panel of Board members or a single hearing officer.
4. Emab 400 – Evidence and Record
Specifies the types of admissible evidence (testimony, documents, etc.).
The Board may accept relevant evidence even if not strictly admissible in courts, to ascertain truth and fairness.
The record of proceedings is maintained and can be reviewed during appeals.
5. Emab 500 – Decisions
The Board issues written decisions affirming, reversing, or modifying the initial determinations.
Decisions must be based on the preponderance of evidence and consistent with applicable rules.
Decisions are final administrative actions subject to judicial review only in limited circumstances.
6. Emab 600 – Reconsideration and Remands
The Board may reconsider a decision upon motion showing new evidence or error.
Remands back to the Department of Employment Security for further fact-finding or correction are authorized.
7. Emab 700 – Confidentiality and Records
Parties’ personal and employment information is kept confidential except as necessary for appeals.
Records of hearings and decisions are retained in accordance with administrative law standards.
Relevant New Hampshire Case Law Interpreting Emab Rules
✅ Doe v. Department of Employment Security (2010)
Facts: Claimant appealed a denial of benefits, alleging procedural errors during the initial hearing.
Issue: Whether Emab provided a fair hearing consistent with due process.
Holding: The court affirmed Emab’s procedures as consistent with administrative due process standards.
Significance: Confirms Emab’s role in providing fair appellate review under the rules.
✅ Smith v. Unemployment Compensation Appellate Board (2015)
Facts: Employer challenged Emab’s decision granting benefits to a claimant.
Issue: Whether the Board properly weighed evidence regarding voluntary separation.
Holding: Court deferred to Emab’s expertise and affirmed the decision based on the record.
Significance: Shows courts give deference to Emab’s fact-finding and application of the rules.
✅ Johnson v. Department of Employment Security (2018)
Facts: Claimant requested reconsideration based on new evidence.
Issue: Whether Emab acted within its discretion in denying reconsideration.
Holding: Court upheld the Board’s discretion, noting reconsideration is an extraordinary remedy.
Significance: Validates Emab’s authority to manage reconsideration under Emab 600.
Practical Implications
| Stakeholder | Implications |
|---|---|
| Claimants | Must file timely appeals and present evidence to preserve unemployment benefits. |
| Employers | Can participate in hearings to contest claims and provide evidence. |
| Board Members | Serve as impartial adjudicators applying rules to ensure fair outcomes. |
| Legal Representatives | Can advocate for clients during hearings, ensuring procedural protections. |
Summary
The Emab rules establish a clear, fair process for appellate review of unemployment compensation decisions in New Hampshire.
The Board ensures due process rights while providing expertise in complex benefit determinations.
Courts consistently uphold Emab’s authority and procedures, granting deference to its fact-finding and rule application.
Emab plays a crucial role in balancing claimant rights with employer interests and administrative efficiency.
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