Section Per 205.03 - Process of Informal Settlement(a) Before the director conducts a review of a dispute involving the application of personnel rules pursuant to Per 205.07, the following steps shall take place within the employee's agency:(1) Step I, involving a decision by the supervisor, as described in Per 205.04;(2) Step II, involving a decision by the supervisor's division director, if applicable, as described in Per 205.05; and(3) Step III, involving a decision by the appointing authority, as described in Per 205.06.(b) An employee seeking resolution of a dispute may choose any person as the employee's representative, and that person shall be recognized as the employee's representative in all meetings concerning resolution of the dispute.(c) For the purposes of Per 205.04 through Per 205.07, notification provided to the employee shall also be provided to the employee's chosen representative, if any.(d) An employee seeking resolution of a dispute may forego one or more of the steps noted in Per 205.03(a) and begin the process of informal settlement at the next higher step if: (1) One or more of the lower steps at which a determination would otherwise have been made does not exist within the agency; or(2) The person making the determination at a higher step in the process is also the person who would make a determination at a lower step in the process.(e) An employee dissatisfied with a decision at step I, step II or step III, as set forth in Per 205.04 through Per 205.06, may forego the remaining steps in the sequence and file an appeal with the board.(f) An appeal shall be filed with the board within 15 calendar days of the decision from which the appeal arises.(g) An employee who elects to appeal to the board shall, at the same time as the appeal is filed with the board, provide a copy of the appeal to the employee's appointing authority.(h) Before the director conducts a review under this Part, the employee shall have completed the informal settlement process set forth in Per 205.03.N.H. Admin. Code § Per 205.03
(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.