New Hampshire Administrative Code

Notice of the date, time, and place of public comment hearing for a rulemaking shall comply with RSA 541-A:6, I. Notes N.H. Admin. Code § Pdab 206.03 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

A record of the public comment hearing shall be kept by electronic recording or other method that will provide a verbatim record. Notes N.H. Admin. Code § Pdab 206.04 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

The presiding officer at a public comment hearing in a rulemaking proceeding shall be the board chairman or a designee. Notes N.H. Admin. Code § Pdab 206.05 Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.

(a) The presiding officer shall open a public comment hearing by describing in general terms the purpose of the hearing and procedures governing its conduct. (b) After the opening statement the presiding officer shall receive comments from the persons attending the hearing. Notes…

(a) Written testimony or exhibits may be submitted any time from the time notice has been published until the record has been closed, which shall not be less than 7 calendar days after the hearing. (b) Anyone wishing to testify at a public comment hearing shall submit in writing …

When the presiding officer determines that no person has further questions or comments that are relevant to the subject of the hearing, the presiding officer shall close the hearing. Notes N.H. Admin. Code § Pdab 206.08 Derived from Number 2, Filed January 12, 2023, Proposed by #…

(a) A public comment hearing shall be postponed in accordance with RSA 541-A:11, IV when: (1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so; or (2) Postponement will facilitate greater participation…

(a) In consultation with the advisory council, the board shall identify strategies that optimize spending by public payors for pharmaceutical products while reasonably ensuring subscriber access to needed pharmaceutical products. (b) To achieve (a) above, the board shall determin…

(a) The board shall limit access to any information that it receives pursuant to this section to the smallest number of employees possible and other personnel pursuant to RSA 126-BB. (b) Members of the board, advisory council, employees, or contractors who utilize the board's dat…

(a) The expenses of the board shall be funded by assessments fees on the following entities and not exceed 125 percent of the board's annual budget: (1) Health insurance carriers providing fully insured products, administrative services only, or dental-only plans; (2) Health main…

The purpose of these rules shall be to implement RSA 21-I:42-58 and to establish a statewide system of personnel administration based on merit principles, sound management techniques, and regular training and education programs, in such a manner as to ensure: (a) The establishmen…

(a) Unless otherwise specified, these rules shall apply to full time classified state employees. (b) In the case of terms and conditions of employment which are negotiated, the provisions of the collective bargaining agreements shall control. (c) In accordance with the provisions…

(a) Appointing authorities shall submit to the director those internal agency personnel policies, such as posted rules applying to classified employees, that in and of themselves warn of possible dismissal without prior warning. The director shall investigate, review, and comment…

Items which these rules specify must be submitted in writing may, unless otherwise provided, be produced in hard copy, or, if the functions of the human resources management system allow, by electronic submission through that system. Notes N.H. Admin. Code § Per 101.04 #10238, ef…

"Academic credit" means the unit of measurement awarded by an accredited institution of post-secondary education where one credit represents a minimum of 45 hours of learning in a subject matter accomplished through any combination of classroom instruction and independent study. …

"Accredited institution" means an institution providing post-secondary education that is recognized as accredited in the applicable discipline by the United States Department of Education, the Council for Higher Education Accreditation, or the NH department of education. Notes N.…

"Accountability" means a specific work assignment performed 10 percent or more of the total working time with a stated end result against which the employee's performance will be evaluated. Notes N.H. Admin. Code § Per 102.03 (See Revision Notes at chapter heading for Per 100) #5…

"After-hire requirements" means requirements for satisfactory performance of the essential job functions of a position, as established on the broad group specification and supplemental job description, required to be completed or achieved within 12 months of hire into a position,…

"Agency" means an executive branch department, commission, board, office or other entity including any division thereof, in which all classified positions are under a single appointing authority. Notes N.H. Admin. Code § Per 102.05 (See Revision Notes at chapter heading for Per 1…

"Annual leave" means time off for vacation or other personal reasons. Notes N.H. Admin. Code § Per 102.06 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10238, eff 3-18-13 Renumbered by #13667 (formerly Per 102.07) (see Re…

"Appeal" means the formal process followed under RSA 21-I:46, 57 and 58 by the board to hold hearings and render decisions on disagreements regarding the application of these rules. Notes N.H. Admin. Code § Per 102.07 (See Revision Notes at chapter heading for Per 100) #5373, eff…

"Applicant" means an individual who has submitted an application for employment in response to an in-house posting or outside recruitment. Notes N.H. Admin. Code § Per 102.08 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Renumber…

"Appointing authority" means the officer, director, board, commission, person, or designee, having the power to make appointments in the state classified service in a particular agency. Notes N.H. Admin. Code § Per 102.09 (See Revision Notes at chapter heading for Per 100) #5373,…

"Board" means the New Hampshire personnel appeals board. Notes N.H. Admin. Code § Per 102.10 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Amended by Number 28, Filed July 13, 2023, Proposed by #13667, Effective 6/22/2023 (see Re…

"Bargaining unit" means a collective bargaining unit determined under RSA 273-A:8 with which the state conducts periodic negotiations. Notes N.H. Admin. Code § Per 102.11 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Amended byVo…

"Bonus leave" means the attendance incentive program which provides additional time off based upon the frequency of sick days used during a fiscal year. Notes N.H. Admin. Code § Per 102.12 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-…

"Broad group" means the occupational level of a position established by the national Standard Occupational Classification (SOC) System, which falls within the SOC major and SOC minor group levels, but above the detailed occupational level, and which is used in the NH classificati…

"Broad group level advancement" means a career progression through one or more levels within a job series resulting in the assignment of a new job title and pay band. Notes N.H. Admin. Code § Per 102.14 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by…

"Broad group specification" means a document containing a description of an occupation and the typical tasks, knowledge, skills, and abilities, as well as the applicable minimum qualifications and factor ratings, applying to job titles within a broad group. The term includes "cla…

"Candidate" means an applicant whose application for employment is certified as meeting the minimum qualifications of the class specification and supplemental job description for which the application is filed. Notes N.H. Admin. Code § Per 102.16 (See Revision Notes at chapter he…

"Certification" means the process by which an applicant is determined to have met the minimum qualifications for a position in the classified service as stated on the broad group specification and supplemental job description. Notes N.H. Admin. Code § Per 102.17 (See Revision Not…

"Classification" means the assignment of a job title, and the associated pay schedule and pay band, to a position within the classification system. The term includes "allocation." Notes N.H. Admin. Code § Per 102.18 (See Revision Notes at chapter heading for Per 100) #5373, eff 4…

"Classification system" means the processes, policies, and procedures specific to the classification and pay assignment of all positions in the classified service in the State of New Hampshire and not including unclassified or non-classified positions. Notes N.H. Admin. Code § Pe…

"Collective bargaining agreement" means the current agreement authorized by RSA 273-A:9 between the state and one or more bargaining units. Notes N.H. Admin. Code § Per 102.20 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Renumbe…

"Compensation" means a schedule of pay for a major group, as defined in Per 102.45, or any subset of a major group, established in accordance with RSA 99, consisting of a minimum through maximum rate of pay for each pay band established for a major group. The term includes "pay."…

"Competitive promotion" means a change in job title and placement within a pay band with a higher minimum rate of pay, resulting from selection of the employee at the conclusion of a competitive recruitment process. Notes N.H. Admin. Code § Per 102.22 (See Revision Notes at chapt…

"Demotion" means a transfer of an employee from one position to another position having a lower salary grade. Notes N.H. Admin. Code § Per 102.23 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Renumbered by Number 50, Filed Decemb…

"Dependent care" means sick leave used to care for a person in the employee's immediate family when that individual is ill or injured and who is dependent on others for part or all of the activities of daily living. Notes N.H. Admin. Code § Per 102.24 (See Revision Notes at chapt…

"Director" means the director of personnel or his or her designee. Notes N.H. Admin. Code § Per 102.25 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Renumbered by Number 50, Filed December 12, 2024, Proposed by #14132-A.

"Disabled veteran" means a veteran who is certified by the U.S. Veterans Administration as having a service connected disability rating of 10 percent or more at the time of making an employment application. Notes N.H. Admin. Code § Per 102.26 (See Revision Notes at chapter headin…

"Discharge" means the dismissal of an employee from the state classified service through a process of discipline. Notes N.H. Admin. Code § Per 102.27 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Renumbered by Number 50, Filed De…

"Division" means the division of personnel. Notes N.H. Admin. Code § Per 102.28 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/1…

"Earned rating" means a grade or score on an examination given for the purpose of establishing eligibility for a classified position. Notes N.H. Admin. Code § Per 102.29 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98 Amended byVol…

"Educational leave" means time off, with or without pay, to attend course work at the college level or in a work-related, approved course of postsecondary study. Notes N.H. Admin. Code § Per 102.30 (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #672…

"Eligible candidate" means an applicant who has been certified as meeting the minimum education and experience requirements stated on a class specification and supplemental job description and has received a passing earned rating. Notes N.H. Admin. Code § Per 102.31 (See Revision…

"Employee" means a person working full-time in the state classified service whose appointment to work has been approved by the appointing authority and the director. Notes N.H. Admin. Code § Per 102.32 #10238, eff 3-18-13 Amended byVolume XXXV Number 18, Filed May 7, 2015, Propos…

"Examination" means a structured interview, written test, or practical performance test designed to assure that an applicant possesses the ability to perform the duties for a particular classification. Notes N.H. Admin. Code § Per 102.33 (See Revision Notes at chapter heading for…