Rule 123:1-29-03 | Review of performance evaluation by director of administrative services.
(A) Upon the employee's written request, the director may review the annual performance evaluation of a state employee who is exempt from collective bargaining. The director shall not review performance evaluations of employees of the state colleges and universities or county offices. An employee must request a review within fifteen days from the date of disposition of the internal review by the employee's appointing authority. An employee shall not be entitled to a review by the director until he or she has exhausted all available internal review procedures of the employing agency.
(B) The director may review a performance evaluation, whether or not an employee has so requested, when the director has reason to believe that a review is justified.
(C) Following completion of the review, the director may order:
(1) That the evaluation stand unaltered,
(2) That all or part of the evaluation be expunged from the employee's personnel file,
(3) That individual ratings be raised or lowered, or
(4) Any other appropriate remedy.
(D) The director shall not alter or expunge a performance evaluation unless the employee establishes by a preponderance of the evidence:
(1) That the rater, reviewer, or appointing authority abused his or her discretion, producing an inaccurate, unfair, or prejudicial evaluation, or
(2) That the employing agency failed to substantially comply with these rules or with the agency's internal procedures in completing or reviewing the performance evaluation.
Five Year Review Date:
Prior Effective Dates: 1/9/1976, 9/10/1981, 2/4/1996