N.H. Admin. Code § Emp 204.03 - Approval of Fees

(a) Upon receipt of an objection to a petition, or following expiration of the 14-day period for objecting, the commissioner or the commissioner's designee shall approve a fee in a reasonable amount.

(b) A fee shall be considered reasonable if the following are true:

(1) The time and labor required are commensurate with the fee;

(2) The complexity of the case, the novelty and difficulty of the questions involved, and the skill requisite to perform the services properly are proportionate with the fee;

(3) The amount of benefits involved and the results obtained justify the fee;

(4) If the employer was represented by an attorney, it made the case more difficult for the claimant or representation by an attorney necessary or desirable;

(5) The terms of the claimant's attorney's fee agreement, if any, are consistent with the fee; and

(6) If an unsuccessful appeal to the appeal tribunal was initiated by the claimant, the fee is not for an appeal which was without merit based on statutory and case law unless evidence shows that the appeal was against the advice of the counsel or agent.

(c) Nothing in this rule shall prevent the commissioner or the commissioner's designee from scheduling a hearing upon the petition should the commissioner or the commissioner's designee determine that additional information is necessary to render a decision.

Notes

N.H. Admin. Code § Emp 204.03

#5137, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05

New. #8469, INTERIM, eff 11-1-05, EXPIRED: 4-30-06

New. #8626-B, eff 5-6-06; ss by #10673, eff 9-22-14

Amended byVolume XXXIV Number 41, Filed October 9, 2014, Proposed by #10673, Effective 9/22/2014, Expires 9/22/2024.