1. (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.

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

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

   2. (2) A statement that:

      1. a. The agreement is a full and complete settlement of the charges filed by the complainant;
      2. b. The commission is a party to the agreement;
      3. 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
      4. d. The commission's participation does not reflect a judgment by the commission on the merits of the case; and
   3. (3) Such other provisions as the parties negotiate.
3. (c) If the director signs the pre-determination agreement, the commission shall be a party to the agreement.
4. (d) The director shall not sign pre-determination agreements containing provisions contrary to RSA 354-A or the commission's rules.

5. (e) The case shall be closed when:

   1. (1) The pre-determination agreement has been signed by the parties and the director; and
   2. (2) Any payments or attachments specified in the agreement have been received by the party entitled to them.

Source. (See Revision Note at chapter heading for Hum 200) #8814, eff 2-3-07, EXPIRED: 2-3-15