N.H. Admin. Code § Per 1001.03

Current through Register No. 50, December 12, 2024
Section Per 1001.03 - Notice of Non-Disciplinary Investigative Suspension
(a) At the time of the suspension, the appointing authority shall issue written notice of the investigative suspension to the employee describing:
(1) The cause of the suspension;
(2) The location, if any, to which the employee shall report during the period of suspension; and
(3) The anticipated duration of the suspension, if known.
(b) An appointing authority, with the director's approval, may extend the suspension if the investigation is not concluded within the time frame, if any, indicated in the notice and shall so notify the employee.
(c) The director shall approve an extension under (b) above if, at the end of a period of suspension, the appointing authority demonstrates that:
(1) The conditions set forth in these rules for a suspension under Per 1001.01 or Per 1001.02 continue to exist; and
(2) The investigation has not been completed or the charges are still pending.
(d) At the conclusion of an investigation, the appointing authority shall provide the employee who has been suspended with written notice indicating what action, if any, will be taken.
(e) At the conclusion of the investigation, the appointing authority, with the director's approval, may suspend the employee for up to 30 additional working days in order to initiate disciplinary action when:
(1) The appointing authority determines the evidence supports an employee's disciplinary demotion, disciplinary suspension or termination of employment; and
(2) The employee's presence in the workplace poses an immediate risk of harm to that employee, to any other employee, or to any person or property, including electronic files, data, software, or any other tangible or intangible state property.
(f) The director shall approve an extension under (e) above if, at the conclusion of the investigation:
(1) The evidence resulting from the investigation supports a disciplinary demotion, suspension or termination of employment; and
(2) The employee's presence in the workplace poses a risk of harm to that employee, to any other employee, or to any person or property, including electronic files, data, software, or any other tangible or intangible state property.

N.H. Admin. Code § Per 1001.03

(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.