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RSA 354-A:22 · Judicial Review and Enforcement

Title
XXXI: TRADE AND COMMERCE
Chapter
354-A · STATE COMMISSION FOR HUMAN RIGHTS
Status
current
Official source linked
Yes
Official source Copy section link

354-A:22 Judicial Review and Enforcement. –

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I.

Any complainant, respondent or other person aggrieved by such order of the commission may obtain judicial review of the order, and the commission or any interested person may obtain an order of court for its enforcement, in a proceeding as provided in this section. Such proceeding shall be brought in the superior court of the state within any county in which the unlawful practice which is the subject of the commission's order occurs or in which any person required in the order to cease and desist from an unlawful practice or to take other affirmative action resides or transacts business.

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II.

Such proceeding shall be initiated by the filing of a petition in such court, together with a written transcript of the record upon the hearing before the commission in the case of a petition for judicial review, and issuance and service of a summons as in proceedings in equity. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order or decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the commission, with full power to issue injunctions against any respondent and to punish for contempt of court. No objection that has not been urged before the commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. In petitions to enforce commission orders, the court may, in its discretion, award the complaining party reasonable attorney's fees and costs.

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III.

Any party may move the court to remit the case to the commission in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon, or in the alternative to move the court to accept such additional evidence itself, provided he shows reasonable grounds for the failure to adduce such evidence before the commission. The superior court shall have the authority to make all rulings of law, findings of fact and determinations of damages and fines, if any, notwithstanding any such rulings, findings or determinations made by the commission. All such proceedings shall be heard and determined by the court as expeditiously as possible and shall take precedence over all other matters before it, except matters of like nature. The jurisdiction of the superior court shall be exclusive and its final order or decree shall be subject to review by the supreme court in the same manner and form and with the same effect as in appeals from a final order or decree in proceedings in equity.

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IV.

The commission's copy of the testimony shall be available at all reasonable times to all parties for examination and for the purposes of judicial review of the order of the commission. The review shall be heard on the record without requirement of printing. The commission may appear in court by one of its attorneys. A proceeding under this section when instituted by any complainant, respondent or other person aggrieved must be instituted within 30 days after the service of the order of the commission.

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V.

If the complainant brings an action in federal court arising out of the same claims of discrimination which formed the basis of an order or decision of the commission, such order or decision shall be vacated and any appeal therefrom pending in any state court shall be dismissed. Source. 1992, 224:1, 4, 5. 2000, 277:7, eff. June 16, 2000. 2014, 204:12, eff. July 11, 2014. Miscellaneous Provisions

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Source note

Source. 1992, 224:1, 4, 5. 2000, 277:7, eff. June 16, 2000. 2014, 204:12, eff. July 11, 2014. Miscellaneous Provisions

Source history

  • 1992, 224:1, 4, 5
  • 2000, 277:7, eff. June 16, 2000
  • 2014, 204:12, eff. July 11, 2014. Miscellaneous Provisions

Related materials

Bill relationships

  • 2026 HB1299 amend

    elling state interest in the 3 circumstances described in RSA 354-A:25-a. 2 New Sections; Law Against Discrimination; Classification of Persons Based Upon Biological Sex. Amend RSA 354-A by adding after section 25 the following new sections: 354-A:25-a Classification of Persons Based Upon Biological Sex. Notwithstanding RSA 354-A:2, XIV-e or any other provision of this chapter or any other law or r

  • 2026 HB1299-FN amend

    elling state interest in the 3 circumstances described in RSA 354-A:25-a. 2 New Sections; Law Against Discrimination; Classification of Persons Based Upon Biological Sex. Amend RSA 354-A by adding after section 25 the following new sections: 354-A:25-a Classification of Persons Based Upon Biological Sex. Notwithstanding RSA 354-A:2, XIV-e or any other provision of this chapter or any other law or r

  • 2026 HB1316 add

    litation Act of 1973; II. The Americans with Disabilities Act; III. The Individuals with Disabilities Education Act (IDEA); IV. The New Hampshire Law Against Discrimination, RSA 354-A; V. The HIPAA; VI. The Genetic Information Nondiscrimination Act (GINA); and VII. Any other established law protecting individuals with disabilities from discrimination, including in health care, education, employ

  • 2026 HB1442 amend

    erest in the 3 circumstances described in RSA 354-A:25-a. 2 New Section; State Commission for Human Rights; Miscellaneous Provisions; State Recognition of Biological Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a State Recognition of Biological Sex. I. Nothing in RSA 5-C:87, RSA 260 through RSA 263-A, RSA 354-A, or any other law or regulation shall mean th

  • 2026 HB1442-FN amend

    erest in the 3 circumstances described in RSA 354-A:25-a. 2 New Section; State Commission for Human Rights; Miscellaneous Provisions; State Recognition of Biological Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a State Recognition of Biological Sex. I. Nothing in RSA 5-C:87, RSA 260 through RSA 263-A, RSA 354-A, or any other law or regulation shall mean th

  • 2026 HB1447 amend

    w Hampshire law, whether in statute, state administrative or court rule, policy, common law, or any other source of civil state law. 3 New Section; Classification by Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a Classification by Biological Sex. I. The state of New Hampshire and all political subdivisions of the state shall adopt policies that classify

  • 2026 HB1517 amend

    by the Senate and House of Representatives in General Court convened: 1 New Section; Trade and Commerce; Fair Housing; Business Entity-Owned Residential Arrangements. Amend RSA 354-A by inserting after section 15 the following new section: 354-A:15-a Business Entity-Owned Residential Arrangements. I. In this section: (a) "Business entity" means a partnership, corporation, joint venture, limite

  • 2026 HB1517-FN amend

    by the Senate and House of Representatives in General Court convened: 1 New Section; Trade and Commerce; Fair Housing; Business Entity-Owned Residential Arrangements. Amend RSA 354-A by inserting after section 15 the following new section: 354-A:15-a Business Entity-Owned Residential Arrangements. I. In this section: (a) "Business entity" means a partnership, corporation, joint venture, limite

  • 2026 HB1564 amend · effective 2027-01-01

    of age, sex, sexual orientation, [gender identity,] race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or 6 Racial Profiling; Gender Identity. Amend the introductory paragraph of RSA 106-O:1 to read as follows: 106-O:1 Definition. In this chapter "profiling" shall mean the practice of relying solely on race, ethn

  • 2026 HB1564-FN amend · effective 2027-01-01

    of age, sex, sexual orientation, [gender identity,] race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or 6 Racial Profiling; Gender Identity. Amend the introductory paragraph of RSA 106-O:1 to read as follows: 106-O:1 Definition. In this chapter "profiling" shall mean the practice of relying solely on race, ethn

  • 2026 HB1593 amend · effective 2027-01-01

    to disability. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Sections; Disability Discrimination Prohibited; Remedies. Amend RSA 354-A by inserting after section 16 the following new sections: 354-A:16-a Disability Discrimination Prohibited. No otherwise qualified individual with a disability in New Hampshire, as defined in RSA 354-A:2, IV, shall

  • 2026 HB1593-FN amend · effective 2027-01-01

    to disability. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Sections; Disability Discrimination Prohibited; Remedies. Amend RSA 354-A by inserting after section 16 the following new sections: 354-A:16-a Disability Discrimination Prohibited. No otherwise qualified individual with a disability in New Hampshire, as defined in RSA 354-A:2, IV, shall

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