New Hampshire Code of Administrative Rules Per - Director of Personnel, Division of Personnel in the Department of Administrative Services
1. Classification of Positions (Job Classification Case)
What this covers
The Director of Personnel has authority over how state employee jobs are classified. This means deciding:
Job titles
Job series
Pay grades
Minimum qualifications
How it works
When a state agency creates a new position or believes an existing job no longer reflects its duties:
The agency submits a classification request.
The Director reviews:
Actual duties performed
Level of responsibility
Required education and experience
The Director may:
Approve the classification
Reassign it to a different job class
Deny the request
Why it matters
This ensures:
Equal pay for equal work
Consistency across agencies
Protection against arbitrary job inflation
Example
If an “Administrative Assistant” is performing supervisory and budgeting duties, the Director may reclassify the job to “Program Coordinator” with a higher pay grade.
2. Recruitment and Examination Administration Case
What this covers
The Director controls how employees are recruited, tested, and certified for state employment.
Key responsibilities
Approving job announcements
Determining examination types (written, oral, performance-based)
Setting minimum qualifications
Certifying eligible candidate lists to agencies
Process
A vacancy is reported.
The Director authorizes recruitment.
Candidates are evaluated under uniform standards.
An eligibility list is issued.
Why it matters
This protects the merit system, ensuring hiring is based on qualifications—not favoritism or politics.
Example
If an agency wants to skip competitive testing, the Director may deny the request unless an exception under Per rules applies (such as emergency hiring).
3. Appointment and Probationary Period Case
What this covers
The Director oversees initial appointment rules and probationary employment.
Key elements
Probation periods typically last 6–12 months
Employees must demonstrate fitness for permanent status
Agencies must document performance issues
Director’s authority
Approve extensions of probation
Review probationary dismissals
Ensure dismissals are not discriminatory or retaliatory
Why it matters
Probation protects the state while giving employees a fair chance to succeed.
Example
If a probationary employee is dismissed without documented performance issues, the Director may require corrective action or reinstatement.
4. Compensation and Pay Administration Case
What this covers
The Director administers salary structures, including:
Pay ranges
Step increases
Special pay adjustments
Responsibilities
Interpreting salary schedules
Approving exceptions to standard pay rules
Ensuring compliance with collective bargaining agreements
Limits
The Director cannot arbitrarily raise pay
Adjustments must align with Per rules and budget authority
Why it matters
This maintains fiscal responsibility and fairness across state government.
Example
If an agency wants to offer above-step pay to recruit a hard-to-fill position, the Director evaluates labor market data before approving or denying.
5. Employee Discipline and Corrective Action Case
What this covers
The Director plays a key role in ensuring disciplinary actions follow Per rules.
Types of actions
Written warnings
Suspensions
Demotions
Dismissals
Director’s role
Ensures due process is followed
Confirms discipline is proportional
Reviews procedural compliance
Employee protections
Notice of charges
Opportunity to respond
Documentation requirements
Why it matters
This balances management authority with employee rights.
Example
If an employee is dismissed without a proper investigation or written notice, the Director may rule the action invalid.
6. Grievances and Appeals Case
What this covers
The Director is involved in grievance processing when employees challenge:
Discipline
Classification decisions
Rule interpretation
Process
Employee files a grievance
Agency responds
Director reviews rule application
Matter may proceed to further appeal bodies if unresolved
Director’s responsibility
Interpret Per rules consistently
Ensure agencies do not misapply policy
Why it matters
This provides a structured, fair mechanism to resolve disputes without immediate litigation.
Example
If two agencies interpret the same Per rule differently, the Director’s decision sets a uniform standard.
7. Rule Interpretation and Policy Authority Case
What this covers
The Director serves as the official interpreter of Per rules.
Authority includes
Issuing guidance memoranda
Clarifying ambiguous rules
Ensuring statewide consistency
Limits
The Director cannot override statutes
Rule changes must follow formal rulemaking procedures
Why it matters
Uniform interpretation prevents chaos across multiple agencies.
Example
If a Per rule is silent on remote work eligibility, the Director may issue a formal interpretation until the rule is amended.
Summary Table
| Case Area | Director’s Core Role |
|---|---|
| Classification | Defines job structure and equity |
| Recruitment | Protects merit-based hiring |
| Probation | Oversees fair entry into service |
| Compensation | Controls lawful pay practices |
| Discipline | Enforces due process |
| Grievances | Ensures consistent rule application |
| Interpretation | Maintains statewide uniformity |
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