Section Emp 503.03 - Leaving of Self-Employment or Closing Business(a) For purposes of RSA 282-A:32, I(e), an individual shall be considered to have been previously self-employed or to have had a business if, as to an entity or activity 3 or more of the following are true: (1) The individual was a sole proprietor, partner, officer, or director, both in name and in fact;(2) The individual had an investment or was a stockholder;(3) The individual formed the entity or became involved in the activity in order to create profits, which for purposes of this subparagraph shall include wages, capital gains, dividends, salaries, commissions, bonuses, board, rent, housing, payment in kind, insurance, disability plans, retirement, and similar advantages, and benefits;(4) The individual controlled or had the right to control the business;(5) The individual had a spouse, parent, child, brother, sister, or step family member of the same relationship who was either an officer, manager, director, investor, stockholder, or partner, who controlled or who had the express or implied right to control the business, and said family member either acceded to the decisions of the individual or delegated rights or authority to the individual; or(6) The individual performed services not required to be done by an officer or director.(b) For purposes of RSA 282-A:32, I(e): (1) An individual shall be deemed to have left the individual's self-employment or closed the individual's business without regard to whether or not the individual's reasons were personal, business, economic, legal, or initiated by another party such as a bank, landlord, or creditor even if such party utilized legal process such as eviction, foreclosure, attachment, cutting off credit lines, or involuntary bankruptcy;(2) An individual who did not affirmatively dissent from a decision by partners, stockholders, directors, and/or officers causing the individual to leave the individual's self-employment or close the individual's business shall be deemed to have left the individual's self-employment or closed the individual's business, even if the decision was a joint decision or a decision in which the individual would have been outvoted had the individual dissented;(3) An individual shall not be deemed to have left the individual's self-employment or closed the individual's business if the leaving or closing was directly caused by an act of God which would have prevented a reasonably prudent person making all reasonable efforts to continue the individual's self-employment or business from doing so; and(4) An individual shall not be deemed to have left the individual's self-employment or closed the individual's business if the leaving or closing was directly caused by operation of law which would have prevented a reasonably prudent person making all reasonably prudent efforts to continue the individual's self-employment or business from doing so.(c) For purposes of (b)(4) above, "operation of law" means that: (1) There is: b. A new application of existing law; or(2) The new law, new application or change causes an effect on: (3) The effect is without the act or cooperation of the individual; and(4) The effect is conducive to the individual either:a. Leaving the individual's self-employment; orb. Closing the individual's business.(d) For purposes of (b)(4) above, "operation of law" shall not include: (1) Eviction, foreclosure, attachment, involuntary bankruptcy, or other legal process; or(2) Cutting off credit lines, acceleration of a note, refusal to renew a lease, or other termination or non-extension of a business or contractual right.(e) For purposes of RSA 282-A:32, I(e), an individual shall not be considered to have been previously self-employed or to have had a business if the individual engaged in temporary self-employment under the conditions set forth in RSA 282-A:33.(f) For purposes of RSA 282-A:32, I(e), the leaving of self-employment or closing of a business need not be permanent and shall include seasonal and other temporary leavings and closings.N.H. Admin. Code § Emp 503.03
#5978, eff 2-1-95; ss by #6416, eff 1-1-97, EXPIRED: 1-1-05
New. #8471, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8627, eff 5-6-06; ss by #9742, eff 6-26-10
Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12613, Effective 8/23/2018, Expires 8/23/2028.