Hearings – See Pub 103.01, Pub 201.06, Pub 202.01, Pub 203, Pub 205, RSA 541:6

The PELRB holds hearings in contested cases when there are issues of material and relevant fact in dispute. See Pub 201.06.  Hearing procedure is outlined in Pub 203.  Most hearings are preceded by a pre-hearing conference - see Pub 202.01 for pre-hearing conference procedure and requirements, including the joint preparation of pre-hearing conference worksheets.  After the pre-hearing conference the PELRB will issue a pre-hearing conference order addressing topics like pending issues, witnesses, exhibits, the hearing schedule, and such other matters as may be necessary.  

The PELRB schedules cases for hearing on a date approximately 45 days from the date the case was filed. Hearings are conducted by a panel of board members (a chair, management, and labor member) or by a hearing officer. The formal rules of evidence do not apply, but evidence that is irrelevant, immaterial, or unduly repetitious will be excluded.  Hearings are recorded, and copies of the audio recording are available upon request and payment of a fee ($10 per USB flash drive as of February 9, 2018). See Pub 103.01.  At the close of the hearing the presiding officer will establish a deadline for post hearing briefs per Pub 203.05 as necessary.  Briefs are limited to 15 pages.

The post hearing decision issued by a hearing officer becomes final in 30 days unless a timely motion for review is filed under Pub 205.01.  Note:  In cases decided by a hearing officer’s decision, a motion for review under Pub 205.01 is a prerequisite to a motion for rehearing under Pub 205.02.  A post hearing decision issued by a panel of board members becomes final in 30 days unless a timely motion for rehearing is filed under Pub 205.02.  The filing of a proper Motion for Rehearing is a prerequisite to the filing of an appeal to the New Hampshire Supreme under RSA 541:6. See Pub 205.03.  Under this statute, appeals are by petition to the court and must be filed "[w]ithin thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the decision on such rehearing."