1. (a) An appointing authority may demote an employee without prior warning:

   1. (1) In lieu of termination;
   2. (2) For failing to meet the work standard when promoted;
   3. (3) For conduct resulting in disruption of services provided by the agency;
   4. (4) When the employee has failed to carry out their assigned supervisory responsibilities; or
   5. (5) For conduct or failure to meet work standards for which discipline may be issued pursuant to Per 1003.04, Per 1003.05, or Per 1003.06 when, under the particular circumstances, the appointing authority considers the offense to warrant the imposition of more severe discipline.

2. (b) No appointing authority shall demote an employee under this rule until the appointing authority:

   1. (1) Offers to meet with the employee to present whatever evidence the appointing authority believes supports the decision to demote the employee; and

   2. (2) Provides the employee an opportunity to refute the evidence presented by the appointing authority, however:

      1. a. An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from demoting an employee pursuant to this part; and
      2. b. An employee's refusal to meet with the appointing authority shall not bar the appointing authority from demoting an employee pursuant to this part.

3. (c) An appointing authority shall provide written notice of the demotion to both the employee and the director detailing:

   1. (1) The cause for the demotion;

   2. (2) That the demotion may either be:

      1. a. Appealed under the provisions of RSA 273-D:3; or
      2. b. Resolved through the procedures for settlement of disputes pursuant to Per 205; and
   3. (3) Notice that the demotion shall also serve as a written warning under the provisions of Per 1003.
4. (d) Notice to the appointing authority that the employee is seeking resolution of the demotion through the procedures for settlement of disputes pursuant to Per 205 or is appealing the demotion to the personnel appeals board pursuant to RSA 273-D:3 shall not bar the appointing authority from taking additional disciplinary action as authorized by this part.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35