Section Per 205.06 - Step III Process - Decision by Appointing Authority(a) An employee who is unable to resolve a dispute by using the procedures outlined in step I and, if applicable, step II may file a statement describing the dispute with the appointing authority of the employee's agency.(b) The statement filed under paragraph (a) shall:(1) State all the facts pertaining to the dispute; and(2) Be filed within 15 calendar days from the expiration of step I or, if applicable, step II.(c) For the purposes of subparagraph (b) (2) above, the steps noted shall expire on: (1) The date of the written decision of the supervisor and, if applicable, the division director; or(2) The date of the written notice from the employee to the supervisor or, if applicable, the division director that the employee has elected to proceed to step III.(d) At the time the employee files the statement under paragraph (a) with the appointing authority, the employee shall also file a copy of the statement with the employee's supervisor and, if applicable, the division director.(e) If the supervisor or division director disagrees with any of the facts stated by the employee, the supervisor or division director shall provide a written statement to the appointing authority upon receipt of the employee's statement and prior to any meeting held between the appointing authority and the employee under paragraph (f).(f) Within 15 calendar days of receipt of the employee's statement filed under paragraph (a), the appointing authority or his or her designee shall arrange a meeting with the employee, the supervisor and, if applicable, the division director to discuss all the facts involved in the dispute.(g) Within 15 calendar days of the meeting between the appointing authority or his or her designee, the supervisor, and the employee and, if applicable, the division director, the appointing authority or his or her designee shall notify the employee, the supervisor and, if applicable, the division director in writing of the decision and the reason or reasons therefor to:(1) Modify, reverse or otherwise amend the action in dispute; or(2) Affirm the action in dispute.(h) A determination made under (g) above shall conform to the criteria for disciplinary actions set forth in Per 1002.(i) Nothing in this section shall prohibit the employee and the appointing authority from agreeing, in writing, to extend the time limits established herein.(j) If an appointing authority or his or her designee fails to provide a written decision to the employee within the time periods established by this rule, the employee may notify the appointing authority in writing that the employee has elected to: (1) Request a review by the director under Per 205.07; or(2) File an appeal with the board.N.H. Admin. Code § Per 205.06
(See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.