RSA 354-A:5 · General Powers and Duties of the Commission

354-A:5 General Powers and Duties of the Commission. – The commission shall have the following functions, powers and duties:

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I.

To establish and maintain its principal office in the city of Concord, and such other offices within the state as it may deem necessary.

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II.

To meet and function any place within the state.

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III.

To appoint such attorneys, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

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IV.

To obtain upon request and utilize the services of all governmental departments and agencies.

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V.

To adopt rules, under RSA 541-A, suitable to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith. Such rules shall be kept current and shall not be permitted to expire. Such rules shall reflect any findings or determinations made in audits conducted by the legislative budget assistant pursuant to RSA 14:31 and 14:31-a.

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VI.

To receive, investigate and pass upon complaints alleging violations of this chapter.

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VII.

To hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of persons under oath, and, in connection therewith, require the production for examination of any books or papers relating to any matter under investigation or in question before the commission. The commission may make rules as to the issuance of subpoenas by individual commissioners. No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to the subpoena of the commission, on the ground that the testimony or evidence required may tend to incriminate or subject such person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which such person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

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VIII.

To create such advisory agencies and conciliation councils, local, regional or statewide, as in its judgment will aid in effectuating the purpose of this chapter, and the commission may empower them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination, because of age, sex, gender identity, race, color, sexual orientation, marital status, familial status, or physical or mental disability, religious creed or national origin, in order to foster, through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the population of the state, and make recommendations to the commission for the development of policies and procedures in general and in specific instances, and for programs of formal and informal education which the commission may recommend to the appropriate state agency. Such advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the commission may make provision for technical clerical assistance to such agencies and councils and for the expenses of such assistance.

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IX.

To issue such publications and such results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of age, sex, gender identity, race, color, marital status, familial status, physical or mental disability, religious creed or national origin, and on account of sexual orientation.

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X.

To render annually to the governor, president of the senate, speaker of the house of representatives, senate clerk, house clerk, legislative fiscal committee, and council a full written report of its activities and of its recommendations. The report shall include:

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(a)

A detailed summary of actions taken to address and remediate findings identified in the most recent performance audit issued by the legislative budget assistant in February 2025, including but not limited to:

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(1)

Timeliness of case investigations and resolutions, the number of cases resolved, the number of outstanding cases before the commission, whether the commission has a backlog of cases, and the average time it takes to close a case;

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(2)

Implementation of a case management system;

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(3)

Development of strategic planning, internal controls, and performance metrics;

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(4)

Training and oversight of staff and commissioners;

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(5)

Adoption and enforcement of administrative rules;

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(6)

Correction of prior audit findings;

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(7)

Confidentiality and data management improvements; and

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(8)

Definitions and processes related to legal standards in investigations.

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(b)

Quantitative performance measures including average time to assign and close cases, number of cases exceeding statutory time limits, and comparison to prior years.

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(c)

Progress updates on administrative rulemaking, strategic plan implementation, and IT modernization initiatives.

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(d)

Status of required statutory filings including biennial reports, statements of financial interests, and reconciliations with federal data systems.

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(e)

Any additional recommendations or needs for legislative action.

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II.

The report shall be made publicly available online on the TransparentNH website in accordance with executive order 2014-03.

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XI.

To adopt an official seal.

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XII.

To accept and utilize for its purposes, functions and duties as set forth in this chapter public and private grants, gifts, donations and contributions of money and other assets and properties, real and personal, of all types and kinds, without limitations.

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XIII.

To formulate policies to effectuate the purposes of this chapter and make recommendations to agencies and officers of the state or its political subdivisions in aid of such policies and purposes.

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XIV.

To utilize the services of the department of justice to obtain injunctive relief in state and federal courts.

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XV.

To charge reasonable fees for educational services, programs, publications, and other written materials. Source. 1992, 224:1. 1997, 108:10. 2000, 277:2, eff. June 16, 2000. 2018, 176:3, eff. July 8, 2018. 2025, 141:367, 368, eff. July 1, 2025. Equal Employment Opportunity

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