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ratings or appraisals concerning the employee prepared in accordance with

            the Performance Rating Rules. Except for routine personnel transactions

            and letters of recommendation obtained in connection with the employee’s
            initial employment by  the State,  a copy of any document placed  in  an

            employee’s personal history folder shall be sent to the employee at the time
            of such placement.

               §18.2 An employee shall have the opportunity to review his/her personal
            history folder in the presence of an appropriate official of the department

            or agency and his/her union representative within three working  days’
            notice; provided, however, where the employee’s personal history folder is

            kept at a location other than the employee’s place of work, five working
            days’ notice shall be required. With the employee’s written permission,

            his/her union  representative may conduct such review without the
            employee’s presence.

               §18.3 During any review of his/her personal history folder, an employee
            may examine the entire content of such folder; provided, however, he/she

            may not review letters of recommendation obtained in connection with
            his/her  initial employment by the State. An employee shall have the

            opportunity to place in his/her personal history folder a written response of
            reasonable  length to anything  contained therein which  is  available for

            his/her review under the terms of this Article and which he/she deems to
            be adverse. Such written response shall be attached to the document to

            which it pertains.
               §18.4  Derogatory  materials determined to be unsubstantiated or not

            factual by civil court action, grievance procedure determination at the level

            responsible for the maintenance of the personal history folder, or other
            formal hearing  procedure, shall be removed from the personal  history
            folder at such  time as the employer is formally notified  of such

            determination by the affected employee.

               §18.5 With the exception of disciplinary actions, personnel transactions
            and work performance ratings, any material in the personal history folder
            of an adverse nature over two years old shall, upon the employee’s written

            request, be removed from the personal history folder. Any material may be

            removed from the employee’s  personal history folder upon  mutual
            agreement of the employee and the official designated by the agency.

               §18.6 Upon a grievance determination that the content of a formal written


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