New Hampshire Administrative Code

When a vacancy is not filled by selecting an employee within the executive branch, the appointing authority shall notify the director of its intent to commence external recruitment pursuant to Per 404. Notes N.H. Admin. Code § Per 602.04 Adopted byVolume XXXV Number 18, Filed May…

(a) In order to appoint an employee to a position in accordance with the provisions of Per 600, an appointing authority shall complete and submit to the director, at least 5 work days prior to the effective date, a fully executed personnel action request in the human resources ma…

For each new appointment, an appointing authority shall file with the director a completed, original Employment Eligibility Verification Form I-9 to comply with the federal immigration reporting requirements mandated by the U.S. Department of Justice. Notes N.H. Admin. Code § Per…

(a) The appointing authority shall attach a completed application for employment, certified pursuant to Per 405, to the personnel action request submitted to the director in order to accomplish any one of the following personnel transactions: (1) Appointment of a new employee int…

(a) Seniority shall be based on the length of continuous full-time employment with the state from the most recent date of hire in a full-time classified position. (b) Full-time employment shall be calculated on the basis of years, months, and days of service, except that any days…

(a) A permanent employee shall be granted seniority credit for each full month of verified service during a period of war or armed conflict as defined by Per 701.02(b), as a result of a draft, enlistment period, or federalization in the armed forces of the United States, to a max…

(a) In accordance with federal law and as required by Per 1207.03(a), a full-time probationary employee shall be released from work when called to active military duty. (b) When a probationary employee is called to active military duty as set forth in (a): (1) The probationary em…

An employee's immediate supervisor shall evaluate the performance of each employee in a full-time classified position by using the following: (a) A support staff evaluation form which shall be used for evaluating an employee under Per 801.03; (b) A professional/technical evaluati…

(a) Each evaluation shall measure the employee's performance in relation to the performance expectations of the position. At a minimum, these expectations shall include each accountability listed in the employee's supplemental job description required by Per 301.03(d)(8), which s…

(a) In addition to the requirements listed in Per 801.02, each supervisor conducting a support staff evaluation shall rate the following performance criteria by checking the appropriate box on the form indicating if the employee meets or falls below expectations:(1) Attendance, p…

(a) In addition to the requirements listed in Per 801.02, each supervisor conducting a professional/technical staff evaluation shall rate the following performance criteria by checking the appropriate box on the form indicating if the employee meets or falls below expectationsin …

(a) In addition to the requirements listed in Per 801.02, each supervisor conducting a management evaluation shall rate the following performance criteria by checking the appropriate box on the form indicating if the employee meets or falls below expectationsin the following area…

(a) Each appointing authority shall be responsible for conducting at least one evaluation per year for each full-time classified employee pursuant to RSA 21-I: 42, XIII. (b) An appointing authority shall be responsible to conduct more frequent evaluations for reasons including, b…

An appointing authority shall assign a step within each salary grade established by RSA 99 in accordance with the requirements of this part. Notes N.H. Admin. Code § Per 901.01 (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06 Amended byVolume XXXV Number 18…

(a) For original appointments, the appointing authority shall set the beginning salary at the minimum step established for the class, unless the director or his or her designee, at the request of the appointing authority, determines that difficulties in recruitment necessitate pl…

(a) Upon the recommendation of the appointing authority, the director shall process salary increments for all classified employees within their established range of pay, provided satisfactory work performance is documented by the annual performance evaluations required under Per …

Unless otherwise provided by law, when an employee is returning from a leave of absence without pay, the appointing authority shall adjust the effective date of the employee's salary increment as provided below: (a) The appointing authority shall determine the total number of cal…

(a) An appointing authority may withhold a salary increment under Per 1002.05 for unsatisfactory work performance, provided the reasons for withholding the increment are documented by the performance evaluation required under Per 801. (b) Pursuant to Per 1002.05, the withholding …

(a) When a former permanent employee is reemployed within a period of one year in a class in which the employee was previously employed at the same agency and work unit, the appointing authority may make an appointment at the same grade and step the employee had been receiving at…

If an employee is voluntarily demoted, demoted in lieu of layoff or demoted for cause, the employee shall be placed at a step in the lower salary range as follows: (a) If an employee is voluntarily demoted or demoted in lieu of layoff, the employee shall be placed at the new grad…

(a) When a qualified employee is promoted, the appointing authority shall assign the lowest step in the salary range of the new class which is at least the equivalent of one salary increment in the salary range of the former class. (b) The step assigned under paragraph (a) shall …

(a) An appointing authority may temporarily promote a full-time employee to a vacant full-time position when:(1) The higher level position is vacant due to:a. Recruitment; b. Illness; c. Jury duty; or d. Military leave of an incumbent. (2) The appointing authority certifies to th…

(a) If the director approves the reallocation or reclassification of a position into a class with a different salary grade, the incumbent's salary shall be adjusted in accordance with the provisions of Per 303.06. (b) If the reallocation or reclassification approved by the direct…

(a) If a position is posted pursuant to Per 601.05(f) and a temporary fill-in employee appointed pursuant to Per 601.05 is selected to fill the position on a full-time basis, the following actions shall take place: (1) The employee's seniority date, leave progression start date, …

(a) Any permanent full-time classified employee who has completed 10 years or more of continuous employment for the state, other than a law enforcement employee, shall be paid, in addition to the salary for which the employee is entitled under the classification plan, the longevi…

An employee shall receive prior authorization from his or her appointing authority before performing work in excess of the basic workweek as established by Per 1201.01. Notes N.H. Admin. Code § Per 903.01 (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06 Ame…

(a) When notifying an employee that overtime work is necessary, each supervisor shall inform the employee whether the overtime work is voluntary or required. (b) Each supervisor shall give at least 4 hours notice to each employee of required overtime work, unless an emergency sit…

(a) If an employee is required to work overtime, the appointing authority shall compute overtime compensation at the employee's regular rate of pay, unless the rate of the position assigned is higher, in which case the employee shall receive the higher rate. (b) If an employee wo…

(a) When authorized, payment for overtime shall be subject to the availability of appropriate funding. (b) Whenever funds are not available, employees who work authorized overtime in excess of 40 hours per week shall receive compensatory time according to one of the following: (1…

All overtime assignments shall be administered in accordance with the following provisions: (a) Overtime assignments shall be voluntary unless the number of volunteers are not sufficient to carry out the orderly transaction of business; (b) In the event that the number of volunte…

(a) Except for employees exempt under the Federal Fair Labor Standards Act, employees called back to work without prior notice on the same day after once leaving work or before the next regular starting time shall be compensated as follows: (1) Employees shall be compensated at o…

Whenever practicable, an appointing authority shall ensure payment for overtime work at the same time the employee usually receives the paycheck for the period within which the overtime work was performed. Notes N.H. Admin. Code § Per 903.07 (See Revision Notes at chapter heading…

(a) An appointing authority may request an increase in the compensation of a class for recruitment purposes under RSA 99:8 by submitting a request to the director containing the following information:(1) A comparison of salaries in the appropriate industry and geographic location…

The purpose of these rules is to provide standards of practice and procedure for proceedings conducted by the personnel appeals board. Notes N.H. Admin. Code § Per-A 101.01 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00; ss by #9203, eff 10-23-08

These rules shall apply to all matters within the board's jurisdiction as described by RSA 21-I:46, RSA 21-I:52, RSA 21-I:57 and RSA 21-I:58. Notes N.H. Admin. Code § Per-A 101.02 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00

Pursuant to RSA 21-I: 46, the personnel appeals board shall hear and decide appeals as provided by RSA 21-I: 57 and 21-I: 58, appeals of decisions arising out of application of the rules adopted by the director of personnel, and appeals as specified in RSA 21-I: 52 arising out of…

In accordance with RSA 21-I: 46, I, the jurisdiction of the board shall not extend to appeals by any person or party of the following matters: (a) Performance evaluations of classified employees provided, however, that an employee who is disciplined or who suffers other adverse a…

"Allocation" means the assignment, by the director of personnel, of a position to a salary grade and class within the classification plan. Notes N.H. Admin. Code § Per-A 102.01 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00; ss by #9203, eff 10-23-08

"Appeal" means the formal process authorized by RSA 21-I:46, RSA 21-I:52, RSA 21-I:57 or RSA 21-I:58 whereby a party can request that the personnel appeals board order modification or reversal of a decision of an appointing authority or of the director of personnel. Notes N.H. Ad…

"Appellant" means the party seeking modification or reversal of a decision of the appointing authority or of the director of personnel. Notes N.H. Admin. Code § Per-A 102.03 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00

"Appellee" means the party who made the decision under appeal. Notes N.H. Admin. Code § Per-A 102.04 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00

"Board" means the personnel appeals board established by RSA 21-I: 45. Notes N.H. Admin. Code § Per-A 102.05 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00; ss by #9203, eff 10-23-08

"Classification" means the determination by the director of personnel of a position's appropriate placement within the classification plan based upon the basic purpose, characteristic duties, distinguishing factors and minimum qualifications required for that position. Notes N.H.…

"Competent evidence" means documents or testimony illustrating what a witness knew, heard, or saw. Notes N.H. Admin. Code § Per-A 102.07 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00

"Declaratory ruling" means a decision by the board "as to the specific applicability of any statutory provision or of any rule or order" of the board in accordance with RSA 541-A:1, V. Notes N.H. Admin. Code § Per-A 102.08 (See Revision Note at chapter heading for Per-A 100) #737…

"Discovery" means the process whereby a party to an appeal can obtain through informal discussion, or by order of the board in response to a properly filed motion, information that is necessary in a party's preparation or presentation of evidence in an appeal. Notes N.H. Admin. C…

"Employee" means a person 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-A 102.10 (See Revision Note at chapter heading for Per-A 100) #7377, eff 10-23-00