N.H. Admin. Code § Hum 208.05

Current through Register No. 45, November 7, 2024

Section Hum 208.05 - Pre-Determination Agreements

(a) If the parties agree on a settlement at any time prior to a probable cause determination but the complainant does not withdraw the complaint as part of the settlement, the pre-determination agreement shall include the terms required by (b) below.

(b) The pre-determination agreement shall include the following:

(1) The negotiated terms of the agreement, including the dollar amounts of any payments to be made under it;

(2) A statement that:

a.The agreement is a full and complete settlement of the charges filed by the complainant;

b.The commission is a party to the agreement;

c.The agreement may be used as evidence in a subsequent proceeding in which any of the parties allege a breach of the agreement; and

d.The commission's participation does not reflect a judgment by the commission on the merits of the case; and

(3) Such other provisions as the parties negotiate.

(c) If the director signs the pre-determination agreement, the commission shall be a party to the agreement.

(d) The director shall not sign pre-determination agreements containing provisions contrary to RSA 354-A or the commission's rules.

(e) The case shall be closed when:

(1) The pre-determination agreement has been signed by the parties and the director; and

(2) Any payments or attachments specified in the agreement have been received by the party entitled to them.

N.H. Admin. Code § Hum 208.05

(See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07