RSA 273-D:2 · Powers and Duties

273-D:2 Powers and Duties. –

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I.

The board shall hear and decide appeals as provided by RSA 273-D:3 and appeals of decisions arising out of application of the rules adopted by the director of personnel except those related to:

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(a)

Performance evaluations of classified employees; provided, however, that an employee who is disciplined or has other adverse action taken against him or her as the result of an evaluation may appeal that action.

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(b)

The refusal of an appointing authority to grant a leave of absence without pay.

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(c)

Classification decisions of the director of personnel when the reasons for appeal are based on any of the following:

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(1)

The personal qualifications of an employee exceed the minimum requirements for the position in question.

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(2)

The employee has held the position for a long period of time.

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(3)

Any positions previously held by the employee or any examinations passed by the employee which are not required for the position in question.

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(4)

The employee has reached the maximum of the assigned pay.

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(5)

The cost of living or related economic factors.

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II.

The board shall have the authority to subpoena witnesses, and administer oaths in any proceeding before it, and to compel the production of any books, papers or other memoranda or documents relevant to the proceeding before it by subpoena duces tecum.

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III.

Deliberations held by the board following evidentiary hearings shall be exempted from the requirements of RSA 91-A:2.

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IV.

The board shall by September 1 of each year submit an annual report to the governor. This report shall include a narrative summary of the work of the board during the previous fiscal year.

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V.

The board shall adopt rules under RSA 541-A regarding procedures for the conduct of its business.

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VI.

The board shall have its own budget, independent of any agency, and shall be responsible for operating within its budget.

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VII.

The board shall issue final decisions on all appeals within 50 days of the date of hearing or upon the receipt of relevant evidence requested by the board as a result of such hearing, whichever is later. If the board determines that it requires additional time for the proper investigation or determination of the facts or issues involved, it shall notify the employee or employees making the appeal in writing of the reasons for the delay and provide an estimate to such employee or employees of the additional time required.

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VIII.

The board shall have the authority to review and update administrative rules at its discretion, subject to existing rulemaking procedural requirements.

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IX.

The department of administrative services shall continue to provide administrative support to the personnel appeals board until funding sufficient to provide the board with an adequate budget to conduct its business has been appropriated, the board has hired adequate staff to meet its administrative needs in accordance with RSA 273-D:1, VII, and secured appropriate locations to house its staff and conduct meetings, hearings, and other board business. Source. 2024, 259:1, eff. Sept. 17, 2024.

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