§ 282-A:112 — Duties and Powers of Commissioner

New Hampshire § 282-A:112

• Jurisdiction: New Hampshire
• Title XXIII: LABOR
• Ch. 282-A: UNEMPLOYMENT COMPENSATION
• Subdivision: Administrative Organization and Administration

Text

I. It shall be the duty of the commissioner of the department of employment security to administer this chapter. The commissioner shall have power and authority to adopt, amend, or rescind rules, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she deems necessary or suitable to that end. The commissioner shall determine his or her own organization and methods of procedure in accordance with the provisions of this chapter. Not later than the thirtieth day of June of each year, the commissioner shall submit to the governor a report covering the administration and operation of this chapter during the preceding calendar year and shall make such recommendations for amendments to this chapter as he or she deems proper. Such reports shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. Such report shall satisfy the requirements of RSA 20:7 and the department shall not be required to submit a separate biennial report. Whenever the commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, the commissioner shall promptly so inform the governor and the legislature and make recommendations with respect thereto.
II. For the purpose of establishing and maintaining free public employment offices, the commissioner of the department of employment security is authorized to enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this state, or with any private, non-profit organization; and, as a part of any such agreement, the commissioner may accept moneys, services, or quarters as a contribution to the employment service account.
III. [Repealed.]
IV. For the purpose of establishing and maintaining free public employment offices, the commissioner is authorized, except as provided in paragraph V, with the approval of the governor and council, to enter into purchase or lease purchase agreements.
V. Notwithstanding any provision of the law to the contrary, the consent of the capital project overview committee, established in RSA 17-J, shall be required for all total project agreements exceeding $50,000 for:
(a) Acquisition of land or existing buildings;
(b) New construction;
(c) An addition to an existing facility; or
(d) An improvement or repair to a facility which exceeds routine maintenance.
VI. The commissioner shall not close any district office nor reduce services or hours of operation without the prior permission of the fiscal committee.
VII. The department of employment security shall comply with the provisions of RSA 541-A:29 for the timely processing of completed applications, petitions, and other administrative requests made of the agency. However, the provisions of RSA 541-A:29-a shall not apply to any federally funded program administered by the department to the extent that such default approval conflicts with federal law.

Legislative History

1917, 198:5. PL 175:5. 1935, 146:1. 1937, 178:1. 1939, 138:19-21. 1941, 103:32. RL 211:5; 218:9. 1945, 138:20. 1947, 59:19-21. 1949, 185:13. 1950, 5, pt. 18:4-11; 9:1. 1951, 105:1. 1953, 209:7; 265:1. RSA 282:9(G). 1955, 77:2; 141:15, 21. 1957, 118:9-13. 1961, 88:30-35. 1963, 194:9. 1965, 208:10-13. 1967, 400:7, 10. 1969, 460:18, 19. 1973, 528:173, 174; 589:8. 1975, 393:3. 1981, 408:3. 1989, 267:13. 2000, 295:1, 2. 2001, 133:6, I. 2006, 308:8, eff. June 19, 2006. 2015, 259:12, eff. July 1, 2015. 2018, 279:24, eff. Jan. 1, 2019. 2023, 192:4, eff. Aug. 4, 2023.