Section 273:11-b Penalty Appeal Board.


   I. There is hereby created a penalty appeal board which shall hear appeals from penalties imposed by the commissioner pursuant to RSA 273:11-a and RSA 275-A:5.
   II. The board shall be composed of 3 members, as follows:
      (a) One person representing the interests of management, to be appointed by the governor and council;
      (b) One person representing the interests of labor, to be appointed by the governor and council; and
      (c) One person to serve as chairman, who shall be an attorney and who shall be familiar with the labor laws of this state. The chairman shall be chosen and appointed jointly by the other 2 members of the board; provided, however, that, if such members are unable to agree on the appointment of the chairman within 30 days after the later of their appointments, the governor and council shall appoint the chairman.
   III. At the time of making appointments pursuant to paragraph II, the governor and council or 2 appointing members of the board, as applicable, shall also appoint an alternate member representing the interests of management, an alternate member representing the interests of labor and an alternate chairman, who shall serve whenever the corresponding member of the board is unable, because of a conflict of interest or otherwise, to participate in the determination of a matter before the board.
   IV. Members and alternate members shall be appointed for terms of 3 years and shall serve until their successors are appointed and qualified. Vacancies shall be filled for the unexpired terms. Members and alternate members shall serve without compensation but shall receive mileage at the same rate paid to state employees.

Source. 1983, 389:1. 1991, 181:1, eff. Jan. 1, 1992.