N.H. Admin. Code § Hab 202.05

Current through Register No. 50, December 12, 2024

Section Hab 202.05 - Settlement Meeting

(a) After determination that the applicant has complied with all timely filing requirements, the board shall issue an order to encourage informal discussions, pursuant to RSA 541-A:31, V and RSA 541-A:38, requiring the parties to meet in order to either settle or narrow the disputed issues.

(b) The order shall establish a 15-day deadline from the date of the order for the parties to meet and file with the board the report of settlement meeting prescribed in the order.

(c) The report of the settlement meeting shall contain:

(1) The appeal name and docket number(s);

(2) The date the parties met subsequent to the appeal filing date;

(3) The parties in attendance at the settlement meeting;

(4) A statement that the appeal was either completely or partially settled, withdrawn by the applicant or that no settlement had been reached and a hearing is necessary;

(5) Signature(s) of the parties participating in the settlement meeting; and

(6) A statement that upon the parties' signature and filing with the board the report of settlement meeting, the contents of the report shall become an order of the board.

(d) Upon receipt of the Hab 202.05 order, the parties shall:

(1) Arrange to meet to discuss the appeal at a mutually convenient time, or discuss the appeal telephonically or by some other electronic means, and the initial contact may be made by either party;

(2) Ensure those involved in the settlement discussions either have the authority to settle or can readily obtain such authority so as not to delay the filing with the board of the report of settlement meeting; and

(3) Sign the report of settlement meeting and file it with the board within the deadline stated in the order.

(e) Motions for extension of the deadline to file with the board the report of settlement meeting or a request for modifications of the requirements of this rule shall:

(1) Be filed at least 5 days prior to the deadline stated in the order;

(2) Only be granted in extraordinary circumstances including:

a. Illness or injury prevents a party from preparing for and attending a settlement meeting within the deadline stated in the order;

b. Material evidence will be unavailable for the settlement meeting despite the party's due diligence to obtain the evidence in time for discussion during the settlement meeting; or

c. Such other reasons that warrant an extension to serve justice and efficiency; and

(3) Comply with the requirements of seeking concurrence in Hab 201.18(b).

(f) If the parties do not file with the board the report of settlement meeting within the 15-day deadline established in the order or any extension granted under Hab 203.07(e), the parties shall be placed in default pursuant to Hab 201.05.

(g) Upon filing the report of the settlement meeting with the board, the report shall become a board order and, if the report indicates:

(1) The appeal is withdrawn or settled, the board shall mark the file accordingly; or

(2) No settlement or a partial settlement occurred, the board shall proceed with scheduling a hearing.

N.H. Admin. Code § Hab 202.05

Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13226, Effective 7/7/2021