New Hampshire Administrative Code

"Preponderance of the evidence" means admissible evidence that demonstrates that a fact is more probable than not. Notes N.H. Admin. Code § Per-A 102.14 #9203, eff 10-23-08

"Reallocation" means a determination by the director of personnel that because of a change in the duties and responsibilities of a class of positions, those positions should be assigned to a salary grade other than the one to which they were assigned previously. Notes N.H. Admin.…

"Reclassification" means a determination by the director of personnel that because of a change in the duties and responsibilities of a position, that position should be assigned to a different classification than the one to which it was assigned previously. Notes N.H. Admin. Code…

(a) The personnel appeals board consists of 3 members and 2 alternates appointed by the governor with the consent of council pursuant to RSA 21-I:45. (b) Not more than 2 of the 3 members shall be from the same political party. (c) Not more than one of the 2 alternates shall be fr…

Any 2 members or alternates appointed under the authority of RSA 21-I: 45 shall constitute a quorum of the board. Notes N.H. Admin. Code § Per-A 103.02 #9203, eff 10-23-08

(a) Pursuant to RSA 21-I:45, members of the board shall meet the following qualifications:(1) At least 2 members of the board shall have been gainfully employed as a labor relations or personnel professional for a minimum of 5 years. (2) At least one member shall have been employ…

(a) Each member and alternate shall be appointed for a term of 3 years. (b) A person appointed to fill a vacancy shall be appointed for the unexpired term. (c) Each member of the board and alternate shall hold office until his/her successor is appointed and qualified. Notes N.H. …

(a) In accordance with RSA 21-I:47, I, support services shall be provided to the board by an employee of the division of personnel who has been assigned by the director of personnel, with the board's approval, to serve as executive secretary to the board. (b) In accordance with R…

(a) The board maintains its records in the division of personnel offices in the State House Annex. Those records shall be open for inspection, in accordance with RSA 91-A, on weekdays during regular business hours. (b) Interested persons may obtain a free copy of the board's proc…

(a) Any person may petition the board to adopt, amend, or repeal a rule by submitting a filing in accordance with this section and Per-A 204.02(a) through (f). (b) Each petition to adopt, amend, or repeal a rule shall be made in writing and shall be addressed to the personnel app…

(a) Pursuant to RSA 541-A: 11, VII, any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board in accordance with this section and Per-A 204.02(a) through (f) which contains: (1) T…

(a) Any person may petition the board in writing for a declaratory ruling concerning the applicability of a rule or statute within the board's jurisdiction, or an order of the board, to a specific set of circumstances by filing an original and 5 additional hard copies of the peti…

(a) The purpose of this section is to provide procedures for the conduct of public comment hearings held pursuant to RSA 541-A: 11, I - V. (b) Public comment hearings shall be presided over by a designee of the board who is knowledgeable in the subject area of the proposed rules.…

(a) Unless otherwise specified, all time periods referenced in this chapter shall be in calendar days. (b) Computation of any period of time referenced in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of…

(a) Petitions for intervention shall:(1) Describe the petitioner's interest in the subject matter of the proceedings; (2) Be submitted to the board in writing; (3) Be submitted in accordance with this section and Per-A 204.02; and (4) Not be submitted by those entities or individ…

The board, upon its own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to pro…

(a) Unless the board concludes that alternative action is warranted under (c) below, the board shall dismiss or refuse to hear an appeal if the board determines that a violation of these rules or its orders was either: (1) Intentional; or (2) Prejudicial to the rights of a party …

(a) Hearings on the merits shall be before a quorum of the board, which shall designate a member to serve as the presiding officer. (b) The presiding officer shall, as necessary:(1) Regulate and control the course of the hearing; (2) Pursuant to RSA 541-A: 31, V. (a) and RSA 541-…

(a) A board member, including any presiding officer, shall withdraw from any adjudicative proceeding for good cause. (b) Good cause shall exist if: (1) The board member believes that he or she has a direct interest in the outcome of the matter, including but not limited to a fina…

The role of agency staff in an adjudicatory proceeding shall be to render clerical, administrative or other support to the board in connection with the proceeding. Notes N.H. Admin. Code § Per-A 203.06 #9205, eff 10-23-08

Except at proceedings convened by the board, no party, party's representative, intervenor or intervenor's representative shall communicate with any member of the board, either directly or indirectly, on any issue that is or will likely be before the board. Notes N.H. Admin. Code …

(a)Hard-copy papers required or permitted to be filed with the board shall be upon good quality, non-clinging paper 8 1/2 inches by 11 inches in size. (b) Except as otherwise provided by this chapter, filing with the board may be accomplished either by personal service to the exe…

Parties, intervenors and their representatives shall notify the board of any change in their name, address, telephone number, fax number or e-mail address. Notes N.H. Admin. Code § Per-A 204.03 #9205, eff 10-23-08

Parties to an appeal shall have the right to be heard publicly in accordance with these rules and the procedures provided for in RSA 541-A:31-36 and RSA 91-A. Notes N.H. Admin. Code § Per-A 205.01 (See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #92…

All tapes, transcripts, exhibits, decisions, motions and other portions of the record of any appeal shall be available for examination by the public unless the board determines that some or all of that material is exempt from disclosure under RSA 91-A: 5 or applicable case law. N…

(a) Parties shall file any notice of appeal in writing, by one of the methods specified in Per-A 204.02(b) (1) through (3). (b) In order to be timely, parties shall file such notice of appeal with the board within 15 calendar days of the date of the action giving rise to the appe…

(a) An appellee may file a response to any allegations contained in the notice of appeal no later than 15 days from the appellee's receipt of the appeal. (b) For the purposes of this section, receipt of an appeal shall be the date that the service is complete under Per-A 204.02(h…

(a) Upon its own motion, or if it agrees with the motion of a party, the board shall convene one or more pre-hearing conferences before one or more of its members or alternates to facilitate the scheduling and hearing of an appeal. (b) Pursuant to RSA 541-A: 31, V, prehearing con…

(a) At or before a scheduled prehearing conference, either party may file a proposed prehearing order. (b) If a proposed order is filed, it shall address the following matters: (1) Scope of the hearing; (2) Outstanding discovery issues; (3) Stipulations or admissions as to issues…

(a) Except when made orally at a hearing pursuant to paragraph (d) below, a motion for summary disposition of an appeal shall: (1) Be submitted to the board in writing; and (2) Be filed at least 30 days before a scheduled adjudicative proceeding. (b) If the scheduling of an adjud…

(a) Any party to an appeal may appear with or without a representative. (b) At least 5 working days before the date of any hearing or pre-hearing conference, a party or the party's representative shall file with the board and with the other party(s) to, or intervenor(s) in, the a…

(a) To the extent possible, parties shall make complete and timely responses to the other party's request for information pertinent to the appeal. (b) Where a dispute between the parties exists with respect to production of facts or documents pertinent to the appeal, either party…

(a) Within 20 calendar days of filing the appeal, the appellant shall submit an original and 5 additional hard copies of the following documents to the board, with a copy to the director of personnel:(1) Written arguments covering all aspects of the appeal; (2) The appellant's cu…

(a) Except as hereinafter provided, prehearing discovery shall be limited to the procedures set forth in Per-A 206.07 and Per-A 206.08. (b) Either party may request that the board order formal discovery, including:(1) Requests for admissions; (2) Requests for production of docume…

(a) Pursuant to RSA 21-I: 46, IV, the board shall subpoena witnesses and compel the production of any books, papers or other memoranda or documents by subpoena duces tecum when necessary for full and fair disclosure of the evidence. (b) The board shall not issue a subpoena later …

(a) Unless otherwise agreed by the parties, the board shall forward a notice to the parties of any scheduled hearing on the merits of an appeal at least 14 days prior to the hearing. (b)A notice of a hearing shall contain the information required by RSA 541-A: 31, III, namely:(1)…

(a) Any party may request that the board postpone or reschedule a hearing, or specially schedule the hearing for a different date, time, duration or place, or in a different manner, than indicated in the board's notice. (b) A party requesting postponement or rescheduling of a hea…

(a) Each party shall file with the board and serve on the other party, or on the party's representative of record, the following information that it intends to present in its direct case:(1) The names and business addresses of all lay witnesses; (2) The name and address of any ex…

(a) In all cases except as otherwise provided in Per-A 207.12(e) the burden of proof shall be upon the party making the appeal. (b) In appeals involving disciplinary action, removal for non-disciplinary reasons, involuntary transfer, non-selection to a vacancy, or the interpretat…

(a) Except as allowed by (f) below, the board shall limit any hearings on motions to oral argument. (b)Except as provided in (c) below, the board shall hear the following appeals on oral argument and offers of proof:(1) Reclassification; (2) Reallocation; (3) Non-selection to a v…

(a) Absent a showing of good cause as set forth below, failure of an appellant to appear for any scheduled hearing on the merits shall result in dismissal of the appeal. (b) Absent a showing of good cause as set forth below, failure of an appellee to appear for any scheduled hear…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A: 33. (b) The board shall give effect to the rules of privilege recognized by the laws of the state of New Hampshire, such as the lawyer-client privilege, husband-wife privilege, or doctor-patient privilege. …

(a) The presiding officer shall administer an oath or affirmation to a witness prior to receiving testimony. (b) The presiding officer shall administer an oath or affirmation to any interpreters to accurately and completely translate all questions put and answers given, to the be…

(a) The board shall limit the number of witnesses, or the time for testimony upon a particular issue in the course of any hearing, when required to avoid irrelevant, immaterial or unduly repetitious evidence. (b) When parties or intervenors are permitted to offer live witness tes…

Either party may move to have the witnesses sequestered. However, the appointing authority, the appointing authority's designee, and the employee and director of personnel, if a party to the appeal, shall not be sequestered even if they are expected to testify. Notes N.H. Admin. …

If at any time before the close of the record the board determines that it has insufficient evidence to fairly decide the appeal, the board, upon its own motion or if the board agrees with the motion of a party or intervenor, shall vote to compel the production of additional evid…

(a) If the board concludes that opening statements would be beneficial to its understanding of the case, the board shall permit each party to make a brief opening statement before presenting the evidence in its case in chief. (b) If the board concludes that closing statements wou…