The publisher does not state since when this version applies. Read on 2026-03-02.
Copy read on 2026-11-08 from the Internet Archive's copy of 2026-03-02, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from
Employees who are participating in the permanent group life insurance program, and who go on an approved leave of absence, may have their permanent group life insurance program continued by the payment to the state of the term portion of the life insurance premium during such leave of absence up to a maximum period of one year.
Source. 1985, 399:1, eff. July 1, 1985.
There shall be no age limit to participate in either the permanent group life insurance or in the group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits program.
Source. 1985, 399:1, eff. July 1, 1985.
There shall be no physical examination or health statement required for coverage under either the permanent group life insurance or group hospitalization, hospital medical care, surgical care and other medical and surgical benefit programs; provided, however, that, if a state employee otherwise eligible fails to apply for any such insurance coverage within the time required by the insurance contract, the insurer may require that the employee submit satisfactory evidence of insurability as a condition for becoming insured.
Source. 1985, 399:1, eff. July 1, 1985.
The commissioner of administrative services shall have the power to hold hearings and make inquiries as he deems necessary to carry out his functions and exercise his powers under the provisions of this chapter. For the purpose of such hearings and inquiries, the commissioner of administrative services shall have the power to administer oaths and affirmations, to examine witnesses and documents, to take testimony and receive evidence, and to compel the attendance of witnesses and the production of documents by the issuance of subpoenas.
Source. 1985, 399:1, eff. July 1, 1985.
If any department or agency of the state is advised by the federal government that its data processing equipment or its forms, methods or techniques in utilizing said equipment do not comply with any federal rule, regulation or law, then the governor and council may authorize the department or agency to alter its data processing equipment or its forms, methods or techniques to comply with any such rule, regulation or law. Automated data processing facilities and equipment of any department or agency of the state paid for completely by federal funds shall be utilized to the fullest extent permitted by federal rule, regulation or law for the general benefit of the state for applications not in conflict with other provisions of this chapter; and all data in said equipment which by federal rule, regulation or law must not be kept confidential shall be made available by any such department or agency to all state agencies including the department of administrative services to the maximum extent permitted by federal rule, regulation or law in a form approved by the department of administrative services; except that in the case of the department of employment security, such form shall be approved jointly by the department of administrative services and the department of employment security. Any dispute arising between any such department or agency and any other state agency as to the utilization requested by the department of administrative services of said facilities, equipment and data shall be resolved by the governor.
Source. 1985, 399:1, eff. July 1, 1985.
I. Notwithstanding any other provision of law to the contrary, any provider department, excluding the legislative branch, prior to performing systems development or computer operation services for any user agency, shall obtain a written work order which:
(a) Defines the services being requested by the user agency and the product to be delivered by the provider department.
(b) Describes the effort which the provider department must expend in order to accomplish the services requested and, if 5 man-days or more are required to complete the work, includes a cost estimate.
(c) Is agreed to by both the provider department and the user agency, as evidenced by the signatures of representatives of both parties on the work order.
II. Any change or modification to the services requested by the user agency shall likewise be agreed to in writing by a supplement to the pertinent work order approved by both parties.
III. The work order form shall be furnished to the user agency by the provider department.
IV. As used in this section, "user agency" means any department, board, commission, institution or other agency or office of the state utilizing data processing services provided by any other department, excluding the legislative branch.
Source. 1985, 399:1. 1991, 346:9, eff. July 1, 1991.
If any person shall injure, deface, or misuse any of the property listed in RSA 21-I:11, I(c)(1) or shall violate any rules relating thereto, he or she shall be guilty of a violation.
Source. 1985, 399:1, eff. July 1, 1985. 2014, 327:29, eff. Aug. 2, 2014.
There is hereby established within the department of administrative services the division of personnel, under the supervision of an unclassified director of personnel appointed under RSA 21-I:2, who shall be the only individual in the executive branch to refer to themselves as the director of personnel and hold such a title, whether in whole or in part, and who shall report to the commissioner and be responsible for the following functions in accordance with applicable laws:
I. Managing a centralized human resources processing operations unit which shall provide for the recruitment, appointment, compensation, promotion, transfer, layoff, removal and discipline of state employees.
II. Preparing, maintaining and periodically revising a position classification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same classification. Any new position classification plan shall be based upon the recommendations of a stakeholders group overseen by the director of personnel and shall not be considered a rule subject to RSA 541-A. The plan shall be prepared with due consideration for:
(a) The availability of personnel capable of filling the requirements of any position; and
(b) Any requirement for an employee to live on the premises of the place of employment as a condition of employment.
III. Assigning the position of every employee in the classified service to one of the classifications in the classification plan.
IV. Conducting periodic investigations of the administration of personnel in the state service. These reviews shall be conducted with the approval of the commissioner of administrative services and with the cooperation of the head of the department in question. These investigations shall include analysis of:
(a) Turnover rates within agencies and among specific groups or classes of employees.
(b) Supervisory ratios within agencies.
(c) The use of sick and annual leave by state employees.
(d) Agency implementation of the performance evaluation system required by paragraph XIII of this section.
(e) Agency practices regarding discipline of state employees.
(f) Other agency policies and procedures relative to the management of classified personnel.
V. Reviewing and making recommendations to the commissioner of administrative services regarding the operation of and proposed changes in the compensation plan provided for in RSA 99.
VI. [Repealed.]
VII. Preparing an annual report detailing the work of the division. This report, which shall include a narrative summary of the findings of division investigations conducted under RSA 21-I:42, IV, shall be submitted to the governor and council by the director of personnel and the commissioner of administrative services.
VIII. [Repealed.]
IX. [Repealed.]
X. Advising the commissioner, and, upon request, the governor and the executive council regarding personnel administration.
XI. Administering those provisions of RSA Title VI affecting classified state employees which require administrative action by a central personnel organization.
XII. Providing technical assistance to the administrators of state departments on matters related to personnel administration and the adoption and use of modern and effective personnel management techniques throughout state government. This shall include training of and assistance to agency managers in:
(a) Recruitment and selection of personnel.
(b) The development and implementation of training programs.
(c) The development of nonmonetary incentive or award systems.
(d) Evaluation of employee performance.
(e) Supervision and discipline of employees.
XIII. Developing and implementing, in accordance with the recommendations of a stakeholders group overseen by the director of personnel, a performance evaluation system for all classified employees. The evaluation system shall include the following elements:
(a) All full-time classified employees shall be evaluated on a regular basis.
(b) Evaluations shall be in writing and shall be conducted at least annually.
(c) Evaluations shall be conducted by an employee's immediate supervisor.
(d) Evaluations shall be based upon specific written performance expectations or criteria developed for the position in question and employees shall be made aware of these performance expectations in advance of any evaluation.
(e) The evaluation format shall include a narrative summary on the employee's performance.
(f) Employees shall be permitted to participate in the evaluation process, shall be given a copy of their evaluation, and shall have an opportunity to comment, in writing, on their evaluation, and such comments will be included in the employee's permanent record.
(g) Employees shall have a right to nonconcur, in writing, with their evaluation.
(h) Employees shall certify, in writing, that they have reviewed their evaluation.
(i) Evaluation reports shall be reviewed by the supervisor of the official completing the evaluation who shall concur or nonconcur in writing with each evaluation report.
The division may authorize agencies to develop supplemental evaluation systems for specific groups of employees.
XIV. Providing training programs to state agencies under this paragraph and paragraph XVII and developing and implementing a training information management system to collect and record data on agency training efforts.
(a) All state agencies shall utilize training programs offered or sponsored by the division of personnel, if appropriate training programs are available. Fees for such training programs shall be paid out of the agency's budget for training.
(b) All state agencies shall notify the division of personnel of training needs and of planned training programs for classified employees. The division may develop training programs based on such notification of training needs and make this information available to all state agencies on a regular basis to encourage efficient use of training programs.
XV. After consultation with the commissioner, issuing standards, practices, procedures, policies, protocols, guidelines, specifications, instructions, directives, requirements, or descriptions of requirements to executive branch departments, agencies, or subdivisions thereof regarding personnel matters within the executive branch, and publishing and distributing to state agencies one or more technical assistance manuals containing information describing the responsibilities of the division of personnel and state agencies in matters relating to personnel administration. These items shall not be considered rules subject to the provisions of RSA 541-A and shall be binding upon the state agencies or subdivisions to whom they are directed.
XVI. Developing and implementing an equal employment opportunity program that will ensure the employment of all qualified people regardless of age, sex, gender identity, race, color, sexual orientation, ethnic background, marital status, or physical or mental disability. This program shall include a review and revision of the job classification process and testing process to ensure that they are free from either conscious or inadvertent bias.
XVII. Provide training for and publish and distribute training and education materials to state and municipal employees.
(a) A nonlapsing revolving fund, which shall not exceed $100,000 on June 30 of each year, shall be established in the division of personnel, department of administrative services. Any amounts in excess of $100,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. The moneys in this fund shall be used for the purpose of:
(1) Providing training to state and municipal employees. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, advertising, and other associated costs. Such training shall be conducted in geographically dispersed locations.
(2) Printing training materials for distribution. A reasonable charge shall be established for each copy of a training document. This charge shall be only in the amount necessary to pay the cost of producing such document. The division of personnel shall first make a request to state-owned printing facilities to perform the printing functions required under this subdivision. If state-owned printing facilities are unable to perform this request, the division of personnel may then seek privately owned printing facilities to fulfill this request.
(3) Implementing a certified public manager program. The department of administrative services, division of personnel, shall implement a certified public manager program that adopts the "use of modern and effective personnel management techniques throughout state government" as required by RSA 21-I:42, XII. The registration fee for such course shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, training for state instructors, advertising, and other associated costs.
(b) No appropriation or other capitalization of the revolving fund shall be required. The division of personnel, department of administrative services, is authorized to expend budgeted funds for the purpose of initial printing of publications or the provision of training programs, with the moneys assessed for such publications or the provision of training to be deposited in the revolving fund.
Source. 1986, 12:1. 1990, 140:2, XI. 1993, 227:2. 1997, 108:3. 2007, 263:75, eff. July 1, 2007. 2017, 193:11, 12, 17, I, eff. Aug. 29, 2017. 2019, 332:3, eff. Oct. 15, 2019. 2020, 37:96, eff. July 29, 2020. 2022, 138:5 to 7, eff. Aug. 6, 2022; 147:1, eff. Aug. 6, 2022; 147:2, eff. July 1, 2024. 2023, 207:1, 2 and 5, eff. Oct. 3, 2023. 2024, 259:3, I, eff. Sept. 17, 2024.
I. The provisions of RSA 21-G:9, II(b) shall not apply to the rules adopted pursuant to this section. It is the intent of the general court that the director of personnel shall have the sole authority to adopt and interpret, subject to the appeals process established under this chapter, the rules provided for in this section. The commissioner shall review all proposed rules of the director and may comment on them in writing. In the case of a vacancy in the office of the director of personnel, the commissioner of administrative services may exercise the rulemaking authority granted to the director of personnel.
II. The director of personnel shall adopt rules, pursuant to RSA 541-A, which shall apply to employees in the classified service of the state, relative to:
(a) Classification, except for the classification plan.
(b) Compensation and rates for employee maintenance reimbursement.
(c) Recruitment.
(d) Examination.
(e) Selection.
(f) Appointment.
(g) Promotion.
(h) Demotion.
(i) Transfer.
(j) Discipline.
(k) Removal.
(l) Layoff.
(m) Attendance and leave.
(n) Holidays.
(o) Training.
(p) Merit rating.
(q) The information which shall be required to be listed on the employee roster.
(r) Availability of division records for public inspection, including identification of those records or portions of records for which exemption under RSA 91-A:5 is claimed.
(s) Evaluation.
(t) Designation of the employee's work place.
(u) What constitutes a completed request for reclassification.
III. The director shall consult with a designee of each labor organization certified to represent classified state employees regarding all proposals to adopt, amend, or repeal rules prior to filing a notice of proposed rule under RSA 541-A:6.
Source. 1986, 12:1. 1994, 412:5, eff. Aug. 9, 1994. 2017, 193:13, eff. Aug. 29, 2017.
21-I:43-a Compensation for State Employees Injured in Line of Duty.
Any injury received by any state employee who is injured in the line of duty by a hostile act, or by an act caused by another during the performance of duties which are considered dangerous in nature, that requires the employee to be hospitalized or renders the employee temporarily unable to perform the duties of his or her position shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time, the employee shall remain on the active payroll. In this event, no employee shall be terminated from state service until he or she has applied for disability retirement and a final decision on the application is made by the board of trustees of the New Hampshire retirement system and appeals of such decision, if any, are finalized; provided, that the employee shall make such application within 18 months of the injury contemplated by this section. The executive head of the employee's agency shall make the determination as to whether an injury is in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by the governor and council, the determination shall be final. The employee's name and details of the injury shall be exempt from public disclosure pursuant to RSA 91-A:5, IV. During the time in which the injured employee remains on active payroll at full base salary pursuant to this section, his or her state compensation shall not be offset by state workers' compensation payments and he or she shall not receive state workers' compensation payments to supplement his or her full base salary. Nothing in this section shall prohibit medical payments or final settlements.
Source. 2001, 291:1. 2008, 343:1, eff. Jan. 1, 2009. 2018, 138:1, eff. May 30, 2018.
I. Except as set forth in paragraph II, the commissioner of administrative services, after consultation with the director of the division of personnel, shall be responsible for establishing the internal organizational units of the division. The commissioner and the director shall adhere to the provisions of RSA 21-G:6 in structuring the internal units of the division.
II. There is established within the division a bureau of employee relations, under the direction of an unclassified manager of employee relations. The bureau of employee relations shall be responsible for the following functions, in accordance with applicable laws:
(a) Administering all collective bargaining agreements with classified employees.
(b) Representing the state in collective bargaining negotiations.
(c) Providing professional support and assistance to the governor in the conduct of negotiations with representatives of classified employees.
(d) Representing the state, in cooperation with the attorney general, in all grievance actions related to collective bargaining agreements before the public employee labor relations board.
(e) Coordinating the compilation of data necessary to the collective bargaining process and the implementation of agreements.
(f) Providing technical advice and interpretations to all state agencies for implementation and administration of collective bargaining agreements to ensure consistent policies, practices, and contract compliance.
(g) Investigating, preparing for, and representing the state in grievance mediation and settlement negotiations.
(h) Performing such other duties as may be assigned by the commissioner.
III. In order to provide for the development and implementation of programs for the training and education of state employees, there shall be an unclassified education and training officer within the division of personnel. The education and training officer shall develop and coordinate the implementation of a training program plan for executive departments. Any training program conducted under this plan in any department shall not be limited to employees of that department. In addition, the education and training officer shall perform such duties as are assigned by the director.
IV. The commissioner, after consultation with the director of personnel, shall appoint the manager of employee relations and the education and training officer. The manager of employee relations and the education and training officer shall be qualified by reason of education and experience. The salary of the manager of employee relations and the education and training officer shall be as specified in RSA 94:1-a.
Source. 1986, 12:1, eff. Mar. 27, 1986. 2017, 193:14, eff. Aug. 29, 2017. 2021, 202:2, Pt. III, Secs. 5 and 6, eff. July 1, 2021.
21-I:44-a Dependent Care Assistance Program Established.
There is established a dependent care assistance program to be administered by the division of risk and benefits of the department of administrative services with the assistance of the division of accounting services of the department of administrative services and the treasury department. Under this program, an employee may have a certain amount of his or her salary withheld, before taxes, for the purpose of day care expenses.
Source. 1990, 3:32, eff. Feb. 20, 1990. 2017, 193:15, eff. Aug. 29, 2017. 2019, 346:16, eff. July 1, 2019.
21-I:44-b Medical and Related Expenses Program Established.
There is established a medical related expenses program to be administered by the division of risk and benefits of the department of administrative services with the assistance of the division of accounting services of the department of administrative services and the treasury department. Under this program, an employee may have a certain amount of his or her salary withheld, before taxes, for the purpose of medical expenses.
Source. 1990, 3:32, eff. Feb. 20, 1990. 2017, 193:15, eff. Aug. 29, 2017. 2019, 346:17, eff. July 1, 2019.
21-I:48 Approval of Governor or Council Not Required.
Neither the governor nor council shall be required to approve the employment, or salary, of any employee within the state classified service except as such approval may be specifically required by law.
Source. 1986, 12:1, eff. Mar. 27, 1986.
The classified service to which the personnel provisions of this chapter shall apply shall comprise all positions in the state service now existing or hereafter established, except:
I. Those elected by popular vote or by the legislature.
II. Those appointed and commissioned by the governor or the governor and council.
III. The chief executive officer of each department and institution and independent agency.
IV. The deputy of any department head provided for by special statute.
V. Those officers whose salary is specified or provided by special statute.
VI. Personnel of the university system of New Hampshire.
VII. Personnel of the Pease development authority.
VIII. Personnel of the New Hampshire retirement system.
IX. [Repealed.]
X. Personnel of the community college system of New Hampshire.
XI. Those appointed to unclassified or non-classified positions by a chief executive officer of each department and institution and independent agency.
Source. 1986, 12:1. 1990, 161:8. 2003, 132:2. 2009, 150:11. 2010, 199:8, eff. Aug. 20, 2010. 2018, 291:3, eff. Aug. 24, 2018. 2023, 207:3, eff. Oct. 3, 2023.
21-I:50 Exception; Department of Employment Security.
In the case of any employee of the department of employment security where the federal government has determined that the state classification system does not meet federal standards, as required by RSA 282-A:115, the provisions of the federal standards applicable to a merit system of personnel administration in state employment security agencies shall be controlling and the state classification system shall not be applicable in any such case insofar as inconsistent with the federal standards.
Source. 1986, 12:1, eff. Mar. 27, 1986.
No applicant for state employment shall be required by the state to answer any question concerning whether the applicant has ever been arrested or indicted for a crime. This section shall not prohibit asking an applicant whether he has ever been convicted of a crime.
Source. 1986, 12:1, eff. Mar. 27, 1986.
I. No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of the person's political opinions, religion, religious beliefs or affiliations, age, sex, gender identity, sexual orientation, national origin, or race. Additionally, except as provided in paragraph I-a, there shall be no preferential treatment or discrimination in recruiting, hiring, or promotion based on race, sex, gender identity, sexual orientation, national origin, religion, or religious beliefs. Nothing in this section shall require the appointment or prevent the dismissal of any person who advocates the overthrow of the government by unconstitutional and violent means. No person shall use, or promise to use directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration.
I-a. Notwithstanding the prohibition on preferential treatment or discrimination in paragraph I:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
II. If any person in state service shall willfully violate this section, his position of service with the state shall be declared vacant by the governor and council.
Source. 1986, 12:1. 1990, 261:3. 1997, 108:4. 2011, 227:1, eff. Jan. 1, 2012. 2019, 332:4, eff. Oct. 15, 2019. 2024, 259:2, eff. Sept. 17, 2024.
The confidential relations and confidential communications between an employee of the state of New Hampshire and a representative or representatives of an employee assistance program shall be placed on the same basis as those provided by law between attorney and client. Except as otherwise provided by law, no representative of an employee assistance program shall be required to disclose either the nature of the program's relationship with the state employee or any privileged and confidential communications, either oral or written, made between the state employee and the representative or representatives of the program in the context of that relationship.
Source. 1995, 310:61, eff. Nov. 1, 1995.
21-I:53 Cooperation of State Officers and Employees.
All officers and employees of the state shall comply with and aid in carrying out the provisions of this chapter relative to the classified personnel system. Any employee in any department may be excused, with the approval of the department head, from his regular duties for the time required to assist in the preparation and rating of tests when designated by the director of personnel.
Source. 1986, 12:1, eff. Mar. 27, 1986.
21-I:54 New Positions and Reclassification of Positions.
I. Notwithstanding any provision of law to the contrary, no new position in the classified service for employment of over one calendar year shall be established except upon approval of the governor and council. A request from a department head for additional personnel beyond those considered as line items in the budget as enacted as a budgetary amount, if said employment is for a period in excess of one calendar year, shall be considered a new position requiring the approval as specified in this section. In addition, a request made either to the division of personnel or the governor and council for the reclassification of positions to a different occupational group shall be considered as a request for a new position and shall require the approval of the governor and council, except as provided in RSA 21-I:56, IV.
II. The division of personnel shall submit to the general court on or before January 15 of each legislative year a report containing a list of all new positions created subsequent to the report made to the preceding session of the general court giving the reason for the action taken in each case and stating clearly the effect of such action upon the amounts for personnel services appropriated by the preceding general court. The report shall also include a list of all reclassifications of positions allowed during the previous year by either the director or the personnel appeals board. The report shall state how many employees were affected by each reclassification and the cost of each reclassification.
III. The director shall make a decision on any request for reclassification from department heads or position incumbents within 45 days of receipt of a completed request for reclassification or reallocation as defined by rules adopted under RSA 21-I:43, II(u). Except as otherwise provided by law, rule, or bargaining agreement negotiated under the provisions of RSA 273-A, no changes in compensation shall be allowed for any request until a final decision is made by the director, or if the director's decision is appealed, by the personnel appeals board. Changes in compensation due to reclassification shall become effective at the beginning of the next pay period following the final decision of the director.
Source.Source. 1986, 12:1. 1989, 408:106. 1995, 310:58. 2007, 263:161, eff. July 1, 2007. 2023, 207:6, eff. Oct. 3, 2023.
21-I:56 Reclassification of Positions or Increases.
I. Any request for reclassification of a position to a different class series as provided in RSA 21-I:54 shall require the approval of governor and council.
II. Any request to increase the salary of a classified position beyond grade 34 as provided in RSA 99:8 shall require the approval of the fiscal committee of the general court before it is submitted to the governor and council for its approval.
III. Notwithstanding the provisions of RSA 9:17 and 9:17-a, whenever the director of personnel in consultation with the affected department shall determine that the personal services-permanent line item in any accounting unit and the salary adjustment fund cannot cover the cost of funding a reclassification and a transfer of funds from other line items is required, the director of personnel shall notify the governor and council and the fiscal committee as soon as possible. No such transfer shall be permitted without approval first of the fiscal committee and then of governor and council.
IV. Notwithstanding any other provision of law, the commissioner of the department of health and human services shall have the authority to reallocate or reclassify any position within the department of health and human services, in consultation with the director of personnel, to implement the 1995 Department of Health and Human Services Reorganization Act. This authority shall terminate on December 31, 1998.
V. Notwithstanding any other provision of law, any commissioner of a state agency may appeal a reclassification decision to the joint committee on employee classification, established in RSA 14:14-c, which shall have final authority over such decision.
Source. 1986, 12:1. 1987, 416:5. 1992, 289:3. 1995, 310:59. 2006, 290:16. 2008, 177:14, eff. June 11, 2008. 2012, 247:3, eff. Aug. 17, 2012.
In this subdivision:
I. "Agency" means any agency under RSA 21-G:5, III that receives or provides central support services.
II. "Agency indirect costs" mean all support costs within any agency that cannot be directly charged to any agency program.
III. "Statewide indirect costs" mean all allocated general fund central services costs incurred by any state agency for central support services to any other state agency.
Source. 2005, 177:63, eff. July 1, 2005.