II. Complaints shall be filed by affidavit and
shall be accompanied by a $60 filing fee. Such fees shall be
continually appropriated to the board. A copy of the complaint
shall be given to the party complained against at the time the
complaint is filed. The board or its designee shall hold a hearing
within 45 days under rules adopted by the board pursuant to RSA
541-A and shall give 5 working days' notice of the hearing by
certified mail to all persons required to appear and to the
representative of any party against whom a complaint has been
filed.
III. The board may issue a cease and desist
order if it deems one necessary in the public interest, pending
the hearing.
IV. The board or its designee shall have the
power to compel the attendance of witnesses and the production of
documents by the issuance of subpoenas, and to take testimony
under oath, as provided in RSA 516, and may delegate such powers
to any persons it may appoint.
V. Both parties shall have the right to be
represented by counsel.
VI. The board or its designee shall render its
decision within 45 days after the hearing, in accordance with
rules adopted by the board pursuant to RSA 541-A. Upon finding
that a party has violated RSA 273-A:5, the board may (a) issue a
cease and desist order; (b) order reinstatement of an employee
with back pay; (c) require periodic reporting of compliance; (d)
order payment of the costs incurred by a party negotiating in good
faith in negotiations found by the board to have been carried on
not in good faith by the other party, if the board finds such
penalty appropriate to the circumstances; or (e) order such other
relief as the board may deem necessary.
VII. The board shall summarily dismiss any
complaint of an alleged violation of RSA 273-A:5 which occurred
more than 6 months prior to the filing of the complaint with the
body having original jurisdiction of that complaint.
VIII. Any proceeding referred to a hearing
officer under this section or RSA 273-A:8, I shall be reviewable
by the board on motion of any party thereto or on motion of the
board if the motion is made within 30 days of the rendering of
such decision; otherwise the decision shall become final. The
review by the board may result in approval, denial, or
modification of the decision of the hearing officer and may be
made administratively by the board without a hearing de novo
unless ordered by the board.
IX. Any order issued by the board shall contain
findings of fact and rulings of law on which the order is based.
Any other decision made by the board shall contain, in a written
record of oral proceedings or other written document, findings of
fact and rulings of law on which the decision is based.
