Section Lab 904.04 - Processing A Public Employee Complaint under RSA 275-E:8(a) If an employee files a complaint under RSA 275-E:8, the complaint shall be presented to the department of labor in the form prescribed by Lab 904.02, (a) (1) through (8), with all substantiating documents attached.(b) The department of labor shall process the complaint as set forth in (1) - (7) below:(1) If the department of labor makes an initial determination that the complaint is without merit or unfounded, the complainant shall be notified and the complaint shall be dismissed without further action;(2) If the department of labor is in need of further information or clarification, the department of labor shall make such request of the complainant and hold the complaint for 15 days from the date of the request;(3) If no information is received within the above timeframe, the complaint shall be dismissed without further action;(4) The case shall be reopened if the commissioner or commissioner's representative determines there was good cause for failing to respond, including: d. Death of a family member; ore. Any other unforeseeable circumstance beyond the complainant's control that prevents the complainant from providing the required information or clarification to the department of labor;(5) If the department of labor suspects any violation of state or federal criminal law, it shall be reported immediately to the attorney general and either the United States Attorney or local law enforcement agency;(6) If the department of labor determines that the complaint would be more appropriately investigated by another authority having jurisdiction over the subject matter, the department of labor may refer the complaint to that authority and notify the complainant in writing;(7) If the department of labor determines that the complaint has merit and it is not referred to another agency under (b) (5) or (6) above, the department of labor shall undertake further investigation as set forth in d. below:a. The department of labor shall contact the public entity the complaint is filed against and request all records, confidential or otherwise, reports, audits, reviews, papers, books, documents, recommendations, and correspondence, including information or data that is deemed necessary to carry out the investigation;b. If deemed necessary for a complete investigation, the department of labor shall perform an onsite audit of the records of the employer;c. If deemed necessary for a complete investigation, the department of labor shall conduct confidential interviews;d. If the investigation results in a final determination that validates the complaint, the department of labor shall notify the appropriate enforcement authority;(8) The department of labor shall notify the complainant, and the public entity against which the complaint is filed, in writing of the results of the investigation by the department of labor; and(9) The department of labor shall maintain the complaint on file for a period of at least 3 years.N.H. Admin. Code § Lab 904.04
#10522, eff 2-15-14 (from Lab 904.02)
Amended by Number 37, Filed September 14, 2023, Proposed by #13731, Effective 8/25/2023, Expires 8/25/2033.