- (a) If an employee's dispute is not resolved under Per 205.03 - Per 205.06, the employee may request a review by the director within 15 calendar days of the decision of the appointing authority or the expiration of step III.
(b) The request for review shall be in writing and contain:
- (1) A summary of all issues addressed during the previous steps; and
- (2) A copy of all previous requests and decisions.
- (c) Within 15 calendar days of receipt of the employee’s request for review filed under paragraph (a), the director shall schedule a meeting of the employee and such supervisory personnel as the agency may designate, for further review of the dispute.
- (d) A meeting conducted under paragraph (c) shall be an opportunity for both sides to present their case to the director, who shall attempt to facilitate a resolution of the dispute.
- (e) If at the dispute resolution meeting a potential settlement between the parties is not reached, the director shall issue a written decision either affirming, modifying, or reversing the underlying action within 30 calendar days of the meeting.
- (f) If at the dispute resolution meeting a potential settlement between the parties is reached, the parties shall file a signed settlement agreement with the director within 14 calendar days of the meeting.
- (g) If a settlement is not finalized within 14 calendar days after the dispute resolution meeting, the director shall issue a written decision either affirming, modifying, or reversing the underlying action within 30 calendar days of the meeting.
- (h) Subject to paragraph (k), nothing in this section shall prohibit the employee and the director from agreeing, in writing, to extend the time limits established herein.
- (i) If the director fails to render a decision within 30 calendar days of the dispute resolution meeting conducted under paragraph (c), the employee may notify the director in writing that the employee considers step IV to have expired.
- (j) If the employee's dispute is not resolved under Per 205.07, the employee may file an appeal with the board, in accordance with RSA 273-D:3.
- (k) Pursuant to RSA 273-D:3, appeals to the board shall be made within 15 calendar days of the action giving rise to the appeal.
- (l) At a hearing before the board, the written decision by the director issued under paragraphs (e) or (g) may be introduced by either party as evidence, and the director may be called as a witness to interpret the personnel rule(s) at issue and to explain their written decision.
Source. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff 12-1-25