N.H. Rev. Stat. § 273-D:3 — NH Code / Title XXIII / Chapter 273-D / Section 3
273-D:3 Reviews and Appeals.
Status: in_force

I. The employee or the department head, or both, affected by the reclassification of a position in a classification plan shall have an opportunity to request a review of that reclassification in accordance with rules adopted by the director of personnel under RSA 541-A, provided such request is made within 15 days of the reclassification. If a review is requested by an employee, the director shall contact the employee's department head to determine how the employee's responsibilities and duties relate to the responsibilities and duties of similar positions throughout the state. The employee or department head, or both, shall have the right to appeal the director's decision to the board in accordance with rules adopted by the board under RSA 541-A. (a) In appeals of a position reclassification, the board shall determine if the appellant proves by a preponderance of the evidence that: (1) The duties of the position have changed sufficiently to warrant reclassification; or (2) The position was improperly classified in accordance with the director's rules or the classification plan. (b) If the board determines that an individual is not properly classified in accordance with the classification plan or the director's rules, it shall issue an order requiring the director to make a correction. The board shall be limited to existing job titles within the classification plan when rendering decisions regarding appeals of denial of reclassification. The board is explicitly prohibited from creating new job classifications or job titles. II. (a) Any permanent employee who is affected by any application of the personnel rules, except for those rules enumerated in RSA 273-D:2, I, and the application of rules in classification decisions appealable under paragraph I of this section, may appeal to the board within 15 calendar days of the action giving rise to the appeal. The appeal shall be heard in accordance with the procedures provided for adjudicative proceedings in RSA 541-A. (b) In appeals arising out of an application of rules adopted by the director of personnel, the board shall determine if the appellant proves by a preponderance of the evidence that: (1) The rule was incorrectly interpreted and applied; (2) The rule was invalid; or (3) The appointing authority's or the personnel director's application of the rule was unlawful. III. In disciplinary appeals, including termination, disciplinary demotion, suspension without pay, withholding of an employee's annual increment or issuance of a written warning, the board shall determine if the appellant proves by a preponderance of the evidence that: (a) The disciplinary action was unlawful; (b) The appointing authority violated the rules of the division of personnel by imposing the disciplinary action under appeal; (c) The disciplinary action was unwarranted by the alleged conduct or failure to meet the work standard in light of the facts in evidence; or (d) The disciplinary action was unjust in light of the facts in evidence. IV. In probationary termination appeals, the board shall determine if the appellant proves by a preponderance of the evidence that the termination was arbitrary, illegal, capricious, or made in bad faith. Allegations that the appellant does not know the reason(s) for the dismissal, or evidence that the appointing authority took no formal disciplinary action to correct the employee's unsatisfactory performance or failure to meet the work standard prior to dismissing the employee shall not be deemed sufficient to warrant the appellant's reinstatement. V. If the board finds that the action complained of was taken by the appointing authority for any reason related to politics, religion, age, sex, gender identity, race, color, ethnic background, marital status, or disabling condition, or on account of the person's sexual orientation, or was taken in violation of a statute or of rules adopted by the director, the employee shall be reinstated to the employee's former position or a position of like seniority, status, and pay. The employee shall be reinstated without loss of pay, provided that the sum shall be equal to the salary loss suffered during the period of denied compensation less any amount of compensation earned or benefits received from any other source during the period. "Any other source" shall not include compensation earned from continued casual employment during the period if the employee held the position of casual employment prior to the period, except to the extent that the number of hours worked in such casual employment increases during the period. In all cases, the personnel appeals board may reinstate an employee or otherwise change or modify any order of the appointing authority, or make such order as it may deem just. VI. Any action or decision taken or made under this section shall be subject to rehearing and appeal as provided in RSA 541. VII. In the event of an appeal from a decision of the personnel appeals board in accordance with the provisions of RSA 541, the fee for the copy of the record and such testimony and exhibits as shall be transferred, and the fee for manifold copies shall be established by the governor and council and collected by the personnel appeals board from the party making the appeal. The personnel appeals board shall not be required to certify the record upon any such appeal, nor shall the appeal be considered until the fees for the copies have been paid.