1. (a) Termination for cause shall be considered the most severe form of discipline.

2. (b) An appointing authority may terminate for cause an employee without prior warning for offenses such as, but not necessarily limited to, the following:

   1. (1) Driving a state vehicle without a license or proper authorization;
   2. (2) Revocation or suspension that will last more than 30 days of a license or certification or other form of permission required by the broad group specification or supplemental job description for the performance of the duties of a position;
   3. (3) Failure to report to the agency the revocation or suspension of a license, certification, or other form of permission required by the broad group specification;
   4. (4) Performing duties that require a license, certificate, or other form of permission when such license, certificate, or other form of permission has expired or has been revoked or suspended;
   5. (5) Theft of valuable goods or services from the state or from any other employee or individual served by the agency;
   6. (6) Willful abuse, misuse, or destruction of state property or the property of any employee or individual served by the agency which represents a substantial cost for repair or replacement or risk thereof;
   7. (7) Violation of a posted or published agency policy or procedure, the text of which warns that violation of same may result in termination for cause;
   8. (8) Threatening another employee or individual served by the agency;
   9. (9) Endangering the life, health, or safety of another employee or individual served by the agency;
   10. (10) Obstructing an internal investigation;
   11. (11) Refusing to accept a job assignment, provided that the employee has first been informed that refusing the job assignment may result in termination for cause;
   12. (12) Falsification of any agency records received, maintained, or utilized by the agency;
   13. (13) Persistent refusal to follow the legitimate directives of a supervisor;
   14. (14) Willful misuse of a supervisory position;
   15. (15) Absence for a period of 3 or more consecutive work days without proper notification or acceptable reason;
   16. (16) Willful release of confidential information, provided that the agency has a policy detailing which records are deemed confidential;
   17. (17) Failure to report to work without acceptable reason on the next business day following the expiration of an approved leave of absence;
   18. (18) Inability to perform duty assignments due to being under the influence of alcohol or drugs;
   19. (19) Consumption of alcohol while on duty;
   20. (20) The use, possession, distribution, dispensation, or manufacture of a controlled substance at any duty station or workplace, unless such use, possession, distribution, dispensation, or manufacture is lawful under state or federal law regulating controlled substances;
   21. (21) Conviction of any criminal offense based upon the unlawful use, possession, distribution, dispensation, or manufacture of a controlled substance at a state workplace, provided that the appointing authority takes the appropriate disciplinary action, including possible conditional discipline, within 30 calendar days after learning of a conviction;
   22. (22) Failure to report in writing to the appointing authority any criminal conviction based on the unlawful use, possession, distribution, dispensation, or manufacture of a controlled substance at a state workplace within 5 days from entry of the trial court's decision, regardless of whether an appeal is taken;
   23. (23) Violation of a law related to an employee’s job duties or conviction of any criminal offense relating to the employee’s job duties;
   24. (24) Sexually harassing conduct, including unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature;
   25. (25) Unlawful discrimination or retaliation for engaging in a legally protected activity;
   26. (26) Repeated unauthorized use or gross misuse of information or communications systems; or
   27. (27) Failure or refusal to produce upon request documents or records, whether hard copy or electronic, that are the property of the agency or state.
3. (c) An appointing authority shall have the discretion to condition the severity or nature of any disciplinary sanctions for violations of Per 1003.08(b)(18), (19), (20), or (21) or for any other misconduct in which abuse of a controlled substance is a substantial factor, upon the employee's satisfactorily completing a specific controlled substance rehabilitation program recommended or certified for such purposes by the office of alcohol and drug abuse prevention, the division of public health services, or an appropriate federal or local agency.

4. (d) An appointing authority may terminate an employee for cause who has received multiple warnings for the offenses described in this part as stated below:

   1. (1) An appointing authority may terminate an employee for cause for conduct described in Per 1003.04 when the employee has previously received 2 written warnings for the same or substantially similar type of conduct or offense within a period of 5 years, by issuing a final written warning and notice of termination for cause as set forth in this rule; and
   2. (2) An appointing authority may terminate an employee for cause for conduct described Per 1003.04 when the employee has previously received 4 written warnings for similar or disparate types of conduct or offenses within a period of 5 years by issuing a final written warning and notice of termination for cause.

5. (e) No appointing authority shall terminate for cause an employee under this section until the appointing authority:

   1. (1) Offers to meet with the employee to discuss whatever evidence which the appointing authority believes supports the decision to terminate for cause the employee;

   2. (2) Offers to provide the employee with an opportunity to refute the evidence presented by the appointing authority provided, 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 terminating for cause 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 terminating for cause an employee pursuant to this part; and
   3. (3) Documents in writing the nature and extent of the offense.

6. (f) If an appointing authority, having complied with the provisions of Per 1003.08(e) finds that there are sufficient grounds to terminate for cause an employee, the appointing authority shall:

   1. (1) Provide a written notice of termination for cause, specifying the nature and extent of the offense;
   2. (2) Notify the employee in writing that the termination for cause may be appealed under the provisions of RSA 273-D:3, within 15 calendar days of the notice of termination for cause; and
   3. (3) Forward a copy of the notice of termination for cause to the director.
7. (g) An appeal filed under the provisions of RSA 273-D:3 shall not stay the termination for cause decision.

8. (h) Nothing in this rule shall prohibit an appointing authority from allowing an employee to request that the employee be allowed to resign in lieu of termination for cause provided that:

   1. (1) The employee makes such request in writing;
   2. (2) The employee certifies in writing that the resignation was given after review and consideration of the evidence used to support the decision to terminate for cause; and
   3. (3) The employee certifies in writing the employee's understanding that a resignation in lieu of termination for cause may not be resolved through the settlement of disputes, pursuant to Per 205, or, except as otherwise provided in Per 205.08(i), by appeal to the personnel appeals board pursuant to the provisions of RSA 273-D:3.
9. (i) Nothing in this rule shall require that an appointing authority allow an employee to resign in lieu of being terminated for cause for cause as provided in 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