1. (a) When the parties to a matter pending before the labor commissioner, the labor commissioner’s designee, or, board as applicable, are also parties to another proceeding brought in a court of the United States, court of the state of New Hampshire, or another jurisdiction dealing with the same issues pending before the labor commissioner, the labor commissioner’s designee, or board as applicable, either party may request a stay of the proceedings before the labor commissioner, the labor commissioner’s designee, or , board as applicable until the court proceedings have been concluded.

2. (b) A party requesting a stay shall:

   1. (1) File the request for stay in writing with copies to all parties of record;
   2. (2) State the court where the case has been filed giving the full name of the case and the docket number assigned to the case by the court;
   3. (3) State the issues in the case that would warrant a stay of the proceedings pending before the labor commissioner, the labor commissioner’s designee, or board as applicable;
   4. (4) State that concurrence to the request has been sought from all the other parties;
   5. (5) State the response of the other parties to the request;
   6. (6) If the requesting party has been unable to contact one or more of the parties, state the attempts that were made to contact that party or those parties; and
   7. (7) Acknowledge the requirement to inform the labor commissioner, the labor commissioner’s designee, or board as applicable, of the outcome of the court proceedings whether the result is a judgment, settlement, or other court approved disposition.

3. (c) Upon receipt of a request for a stay in accordance with (a), above, the labor commissioner, the labor commissioner’s designee, or board as applicable shall review the request and determine if a compelling need exists to stay the matter pending before the labor commissioner, the labor commissioner’s designee, or board as applicable by considering:

   1. (1) Whether the issues in the court proceeding are identical or substantially similar to the issues in the matter pending before the labor commissioner, the labor commissioner’s designee, or board as applicable;
   2. (2) Whether the resolution of the proceedings in the court will have a substantial effect on the resolution of the proceedings before the labor commissioner, the labor commissioner’s designee, or board as applicable or render the proceedings before the labor commissioner, the labor commissioner’s designee, or board as applicable; and
   3. (3) Whether requiring the issue to be heard in 2 forums at the same time would result in an inefficient use of governmental resources or unduly burden the parties.
4. (d) The labor commissioner, labor commissioner’s designee, or board as applicable shall notify the parties of the decision to grant or deny the stay no later than 20 days from the date the request is filed.
5. (e) The party that requested the stay shall notify the labor commissioner, the labor commissioner’s designee, or board as applicable at the conclusion of the court proceedings and provide the labor commissioner, the labor commissioner’s designee, or board as applicable with a documentary proof of the dispositive outcome.

Source. #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.06)