N.H. Admin. Code § Pol 302.10

Current through Register No. 44, October 31, 2024

Section Pol 302.10 - Non-Compliance with Council Rules

The following shall apply to non-compliance with council rules:

(a) Upon failure of a hiring authority to comply with council rules despite prior written notification, the council after notice and opportunity for a hearing to the hiring authority and the governing body of the unit of government, shall declare any agency to be out of compliance with council rules and thereby ineligible to participate in the council's training programs at no cost, or to receive specialized training grants, or both, for a period of up to 3 years;

(b) In determining which sanction or sanctions are appropriate, and the proper length of time for any sanction, the council shall apply the following criteria:

(1) The length of time the agency has been out of compliance;

(2) Whether or not the rules violations involve areas that could constitute a threat to the public health and safety;

(3) Whether or not the rules violations involved areas that could expose the employing unit of government or its subordinate employees to civil damages;

(4) Whether the violations were deliberate and willful;

(5) The number of separate violations involved; and

(6) The sanctions that have been imposed for similar violations in the past;

(c) The governing body of an agency may request reconsideration of such a decision at any time after 6 months has elapsed or when a new chief executive officer has taken office within the agency; and

(d) Nothing in this section shall limit the right of the council to bring a civil action against the hiring authority or agency through the attorney general's office to seek appropriate orders from the superior court to enforce compliance with council rules.

N.H. Admin. Code § Pol 302.10

#4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.11 )

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12041, Effective 11/16/2016, Expires 11/16/2026.