reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 284 - State Personnel System › PERSONNEL RECORDS › Section 284.726 - Access to confidential records

Current through June 11, 2024
1. Except as
			 otherwise provided in this subsection and subsections 2 and 11, access to
			 materials for an examination and information relating to an applicant or
			 eligible person which are relevant to an appointing authority's decision to
			 hire that person is limited to the appointing authority or his or her
			 designated representative. If the name of the applicant is not disclosed and
			 the information is used for the purposes of subparagraph (2) of paragraph (a)
			 of subsection 1 of NAC 284.204, information relating to the education and
			 experience of an applicant may be made available to any affected applicant,
			 employee or the designated representative of either.
2. Except as otherwise provided in subsection
			 11 and NRS
			 284.4068, access to information concerning
			 the results of an applicant's screening test which indicate the presence of a
			 controlled substance is limited to an appointing authority or his or her
			 designated representative and the Administrator or his or her designated
			 representative.
3. Except as
			 otherwise provided in subsections 11 and 12, access to an employee's record of
			 employment containing any of the items listed in paragraphs (g) to (j),
			 inclusive, of subsection 1 of NAC
			 284.718 is
			 limited to:
(a) The employee.
(b) The employee's representative when a
			 signed authorization from the employee is presented or is in his or her record
			 of employment.
(c) An appointing
			 authority or his or her designated representative.
(d) Persons who are authorized pursuant to
			 any state or federal law or an order of a court.
(e) The State Board of Examiners if the Board
			 is considering a claim against the State of Nevada filed pursuant to chapter 41
			 of NRS which involves the employee.
(f) Persons who are involved in processing
			 records for the transaction of business within and between state
			 agencies.
(g) Persons who are
			 involved in processing records for the transaction of business that is
			 authorized by the employee.
Nevada Administrative Code › Chapter 284 - State Personnel System › PERSONNEL RECORDS › Section 284.730 - Retention and disposal of records

Current through June 11, 2024
All records of the Division of Human Resource Management will
				be retained or disposed of in accordance with the records retention and
				disposal schedule approved by the Committee to Approve Schedules for the
				Retention and Disposition of Official State Records.
[Personnel Div., Rule XVI § D, eff. 8-11-73] - (NAC A by
				  Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R182-03,
				  1-27-2004)
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PERSONNEL RECORDS › Section 284.734 - Prohibition against maintenance of secret files

Current through June 11, 2024
Except as otherwise provided in NAC
				284.718 and
				284.726, no appointing authority
				may maintain secret files regarding any employee.
Personnel Div., Rule XVI § E, eff.
				  8-11-73
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.738 - Conflicting activities

Current through June 11, 2024
Employees shall not engage in any employment, activity or
				enterprise which has been determined to be inconsistent, incompatible or in
				conflict with their duties as employees, or with the duties, functions or
				responsibilities of their appointing authorities or agencies by which they are
				employed.
Personnel Div., Rule XI § A subsec. 1, eff.
				  8-11-73
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.742 - Appointing authorities required to determine prohibited conflicting activities and identify such activities and explain process of progressive discipline in policy

Current through June 11, 2024
1. Each appointing
			 authority shall determine, subject to the approval of the Commission, those
			 specific activities which, for employees under its jurisdiction, are prohibited
			 as inconsistent, incompatible or in conflict with their duties as employees.
			 The appointing authority shall identify those activities in the policy
			 established by the appointing authority pursuant to
			 NRS
			 284.383.
2. If an appointing authority revises the
			 policy described in subsection 1, the appointing authority shall provide a copy
			 of the revised policy to each employee.
3. An appointing authority shall include in
			 the policy described in subsection 1 an explanation of the process of
			 progressive discipline as administered by the appointing authority. The process
			 must conform to the provisions of
			 NRS
			 284.383 and NAC
			 284.638 to
			 284.6563, inclusive.
[Personnel Div., Rule XI § A part subsec. 2, eff.
				  8-11-73] - (NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by
				  R027-11, 12-30-2011)
NRS 284.065,
				  284.155,
				  284.383
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.746 - Acceptance of favors

Current through June 11, 2024
No employee may seek or accept any gift, service, favor,
				employment, engagement, emolument or economic opportunity that would tend
				improperly to influence a reasonable person in his or her position to depart
				from the faithful and impartial discharge of his or her public duties.
Personnel Div., Rule XI § A part subsec. 2, eff.
				  8-11-73
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.750 - Use of position to secure or grant privileges

Current through June 11, 2024
No employee may use his or her position in government to secure
				or grant unwarranted privileges, preferences, exemptions or advantages for
				himself or herself, any member of his or her household, any business entity
				with which he or she or a member of his or her household is associated, or any
				other person.
Personnel Div., Rule XI § A part subsec. 2, eff.
				  8-11-73
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.754 - Contracts with State

Current through June 11, 2024
An employee shall not enter into a private contract with the
				State in any capacity that may be construed as an extension of his or her
				assigned duties or responsibilities to the State.
[Personnel Div., Rule XI § A part subsec. 2, eff.
				  8-11-73; A 4-4-78] - (NAC A by Dep't of Personnel,
				  10-26-84)
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.758 - Use of privileged information

Current through June 11, 2024
If an employee acquires, through his or her public duties or
				relationships, any information which by law or practice is not at the time
				available to people generally, he or she may not use the information to further
				the economic interests of himself or herself or any other person or business
				entity.
Personnel Div., Rule XI § A part subsec. 2, eff.
				  8-11-73
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.762 - Suppression of information

Current through June 11, 2024
No employee may suppress any governmental report or other
				document because it might affect unfavorably his or her private financial
				interest.
Personnel Div., Rule XI § A part subsec. 2, eff.
				  8-11-73
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.766 - Full-time service required

Current through June 11, 2024
Each employee shall, during his or her hours of duty as an
				employee and subject to such other laws or regulations as pertain thereto,
				devote his or her full time, attention and efforts to state employment.
Personnel Div., Rule XI § B, eff.
				  8-11-73
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.770 - Political activities

Current through June 11, 2024
Employees may vote as they choose and express their political
				opinions on all subjects without recourse, except that no employee may:
1. Directly or indirectly solicit or receive,
			 or be in any manner concerned in soliciting or receiving, any assessment,
			 subscription, monetary or nonmonetary contribution for a political purpose from
			 anyone who is in the same department and who is a subordinate of the
			 solicitor.
2. Engage in political
			 activity during the hours of his or her state employment to improve the chances
			 of a political party or a person seeking office, or at any time engage in
			 political activity to secure a preference for a promotion, transfer or increase
			 in pay.
[Personnel Div., Rule XI § C, eff. 8-11-73; A 6-9-74] -
				  (NAC A by Dep't of Personnel, 10-26-84; R147-01,
				  1-22-2002)
NRS 284.065,
				  284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › PROHIBITIONS AND OFFENSES › Section 284.771 - Sexual harassment

Current through June 11, 2024
1. Sex- or
			 gender-based harassment violates the policy of this State and is a form of
			 unlawful discrimination based on sex or gender under state and federal law. An
			 employee shall not engage in sex- or gender-based harassment against another
			 employee, an applicant for employment, or any other person in the
			 workplace.
2. Sex- or gender-based
			 harassment is a very serious disciplinary infraction. An appointing authority
			 may impose harsh disciplinary sanctions on, or dismiss, persons who commit sex-
			 or gender-based harassment, including, without limitation, first-time
			 offenders. Any disciplinary sanction imposed by an appointing authority for
			 sex- or gender-based harassment must be proportionate to the
			 violation.
Added to NAC by Dep't of
				Personnel, eff. 10-26-84; A 9-16-92; 11-16-95; A by Personnel Comm'n by
				R147-06, 12-7-2006; A by
				R016-21A,
				eff. 9/8/2022
NRS
				  284.065,
				  284.155,
				  284.4082
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.774 - Scope

Current through June 11, 2024
1. NAC 284.774 to
				284.818, inclusive, govern
				hearings in all cases relating to dismissals, suspensions, demotions and
				involuntary transfers before the hearing officer and hearings for a written
				appeal filed pursuant to
				NRS
				281.641.
2. Except as otherwise provided in subsection
				3, the hearing officer shall use the hearings procedures established in NAC
				284.774 to 284.818, inclusive, and any hearings procedures provided by the
				Division of Human Resource Management if interested parties have proper notice
				of any procedural changes or are not prejudiced thereby. A copy of the hearings
				procedures is available by contacting the Division of Human Resource Management
				at 100 North Stewart Street, Suite 200, Carson City, Nevada 89701.
3. Each hearing officer may adopt
				supplementary rules governing practice before him or her not inconsistent with
				the provisions of subsection 2. The supplementary rules must be made available,
				in writing, to all parties not less than 5 business days before a
				hearing.
[Personnel Div., Hearings Procedures § C, eff.
					 11-28-65; A 6-9-74] - (NAC A by Dep't of Personnel, 10-26-84; A by Personnel
					 Comm'n by R192-09, 6-30-2010, eff.
					 7-1-2010)
NRS 281.641,
					 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.778 - Request for appeal and other communications

Current through June 11, 2024
1. A request
				for a hearing must be addressed to the Administrator and submitted on the form
				provided by the Division of Human Resource Management.
2. A copy of any written communication
				directed to a hearing officer must be sent to the clerk assigned to the hearing
				officer.
3. A party shall not
				communicate with a hearing officer regarding the merits of a case:
(a) Except in the presence of all parties to
				the hearing; or
(b) Unless all
				parties to the hearing are notified of the communication in advance.
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.780 - Provision of qualified hearing officer

Current through June 11, 2024
1. For each hearing
				requested in a claim relating to a dismissal, suspension, demotion, involuntary
				transfer, or reprisal or retaliatory action, the Commission will provide for a
				qualified hearing officer.
2. If it
				is determined that the qualified hearing officer provided for pursuant to
				subsection 1 is precluded from serving due to a conflict of interest or is
				otherwise unavailable to serve as a hearing officer for the hearing, the
				Commission will provide for a qualified hearing officer who is available to
				serve as a hearing officer in the hearing.
Added to NAC by Personnel Comm'n by R192-09, 6-30-2010,
					 eff. 7-1-2010; A by R010-14, 10-24-2014
NRS 281.641,
					 284.065,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.782 - Time and place; notice; provision of reasonable accommodation to party with disability

Current through June 11, 2024
1. The hearing
				officer shall convene the hearing at the time and place specified for the
				purpose of hearing the appeal.
2.
				Written notice of the time and place of the hearing must be given to the
				parties at least 10 days in advance. The notice must contain the information
				required for a party to request reasonable accommodation.
3. The hearing officer shall provide
				reasonable accommodation to a party with a disability who requests such
				accommodation within the time sufficient to make the accommodation.
[Personnel Div., Hearings Procedures § B subsec. 1,
					 eff. 11-28-65; A 6-9-74] - (NAC A by Dep't of Personnel, 10-26-84;
					 7-6-92)
NRS 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.786 - Continuances

Current through June 11, 2024
1. Hearings may be continued beyond the
				period originally scheduled or recessed until a future date which is agreeable
				to the hearing officer and the parties if good cause is shown.
2. A party may request a continuance not
				later than 5 business days before the date of the scheduled hearing by filing a
				written motion or stipulation with the hearing officer. Notice of the motion or
				stipulation and a copy of the motion or stipulation must be sent to each party
				to the hearing and to the Division of Human Resource Management.
3. A party may contest a request for a
				continuance submitted by another party by filing a written motion with the
				hearing officer not later than 2 business days after receiving the notice of
				the request for a continuance. Notice of the motion and a copy of the motion
				must be sent to each party to the hearing and to the Division of Human Resource
				Management.
4. A hearing officer
				shall not grant a continuance requested on the day of a scheduled hearing,
				unless:
(a) The hearing officer, any party,
				the legal counsel for a party or a primary witness cannot attend the hearing
				because of an emergency;
(b) The
				hearing exceeds the time allotted for the day; or
(c) The hearing officer recesses the hearing
				until a future date.
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.788 - Conduct of hearings on appeal

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, all hearings on appeals must be open to the
				public.
2. On the motion of either
				party, the hearing officer shall exclude from the hearing room witnesses in the
				matter not at the time under examination except the parties to the proceeding.
				No hearing may be closed to the public except on motion of either party for
				good cause shown.
3. A document or
				piece of physical evidence sought to be introduced during the hearing must
				first be identified for the record and the hearing officer may request the
				production of such records and the appearance of such persons as he or she
				requires.
Added to NAC by Dep't of Personnel, eff.
					 10-26-84
NRS 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.794 - Evidence

Current through June 11, 2024
1. The hearing officer shall determine the
				evidence upon the charges and specifications as set forth by the appointing
				authority in the appropriate documents, and shall not consider any additional
				evidence beyond the scope of the charges.
2. An employer's or employee's past
				performance by way of an act or a failure to act may be shown by competent
				evidence.
3. Reports, evaluations,
				and other written evidence may be considered only upon a showing that the
				parties were made aware of the contents of this material.
4. All testimony and exhibits offered at the
				hearing must be relevant and bear upon the matter in contention. Any testimony
				or exhibits which are considered by the hearing officer as not meeting this
				criterion may properly be excluded.
5. The hearing officer shall also consider
				the objection of either side to the introduction of evidence. Competence and
				relevance must be the primary test in ruling on objections.
[Personnel Div., Hearings Procedures § A subsecs. 3
					 & 4, eff. 11-28-65; A 6-9-74; + Rule XVI part § C, eff. 9-6-74] - (NAC
					 A by Dep't of Personnel, 10-26-84)
NRS 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.798 - Decision must be based on evidence presented

Current through June 11, 2024
The hearing officer shall make no assumptions of innocence or
				  guilt but shall be guided in his or her decision by the weight of the evidence
				  as it appears to him or her at the hearing.
[Personnel Div., Hearings Procedures § A subsec. 5,
					 eff. 11-28-65; A 6-9-74] - (NAC A by Dep't of Personnel,
					 10-26-84)
NRS 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.802 - Form of testimony

Current through June 11, 2024
1. At the beginning
				of his or her testimony, each witness who has not previously testified in the
				hearing must be required to state his or her name, address and business,
				employment or position.
2.
				Testimony may be presented in the form of a statement or questions and
				answers.
3. The hearing officer may
				have the testimony recorded and transcribed.
[Personnel Div., Hearings Procedures § A subsecs. 6
					 & 8, eff. 11-28-65; A 6-9-74] - (NAC A by Dep't of Personnel, 10-26-84;
					 R082-00, 8-2-2000)
NRS 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.806 - Evidence must be authenticated

Current through June 11, 2024
Any letter, paper or object offered in evidence must be
				  properly authenticated and, if received, must be marked by the reporter with a
				  distinguishing number or letter, such as "Employee's Exhibit 1" or "Employer's
				  Exhibit A." The representative for the opposing party is entitled to examine
				  the exhibit when it is offered.
[Personnel Div., Hearings Procedures § A subsec. 7,
					 eff. 11-28-65] - (NAC A by Dep't of Personnel,
					 10-26-84)
NRS 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.814 - Appearance and procedure at hearing

Current through June 11, 2024
1. A party may
				appear in person and may be represented by an attorney or another person of his
				or her choice, if the party chooses not to represent himself or
				herself.
2. All testimony must be
				under oath administered by the hearing officer.
3. The matter must be heard in the following
				manner:
(a) Opening statement for the
				employer.
(b) Opening statement for
				the employee, unless reserved.
(c)
				Presentation of the employer's case, followed by cross-examination.
(d) Presentation of the employee's case,
				followed by cross-examination.
(e)
				The parties may respectively offer rebutting testimony only, unless the hearing
				officer permits additional evidence upon the original cause.
(f) Argument for the employer.
(g) Argument for the employee.
(h) Closing argument for the
				employer.
(i) Submission of the
				case for decision.
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Hearing Officer › Section 284.818 - Decision by hearing officer

Current through June 11, 2024
At the conclusion of the hearing, the hearing officer shall
				  take the case under submission and shall notify the parties in writing within
				  30 days from the date of the hearing of the hearing officer's findings and
				  recommendations.
[Personnel Div., Hearings Procedures § B subsec. 4,
					 eff. 11-28-65; A 6-9-74] - (NAC A by Dep't of Personnel,
					 10-26-84)
NRS 284.065,
					 284.155,
					 284.376,
					 284.390
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Adoption, Amendment or Repeal of Regulations › Section 284.826 - Notice

Current through June 11, 2024
Notice given pursuant to
				  NRS
				  233B.060 will be provided by mailing to all
				  heads of departments and persons who have requested in writing that they be
				  placed on the mailing list maintained by the Division of Human Resource
				  Management for this purpose.
[Personnel Div., Rule XVII § B subsec. 3, eff.
					 8-11-73] - (NAC A by Dep't of Personnel,
					 10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Adoption, Amendment or Repeal of Regulations › Section 284.830 - Presentation and contents of petitions

Current through June 11, 2024
1. Petitions to
				initiate the adoption, amendment or repeal of a regulation must be presented in
				writing in a letter addressed to the Administrator at least 120 days before a
				regularly scheduled meeting of the Commission.
2. Petitions to protest the adoption,
				amendment or repeal of a regulation must be presented in writing in a letter
				addressed to the Administrator at least 20 days before a regularly scheduled
				meeting of the Commission.
3. Such
				a petition must contain or be accompanied by relevant data, views and
				arguments. If a petition is for a new regulation or an amendment to an existing
				regulation, the petitioner shall also submit the proposed language.
[Personnel Div., Rule XVII § C subsecs. 1 & 2 +
					 Rule XVII § D subsec. 1, eff. 8-11-73] - (NAC A by Dep't of Personnel,
					 10-26-84; 8-14-90; A by Personnel Comm'n by R203-07,
					 4-17-2008)
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Adoption, Amendment or Repeal of Regulations › Section 284.834 - Action on petitions to initiate adoption, amendment or repeal

Current through June 11, 2024
When a petition is submitted to initiate the adoption,
				  amendment or repeal of a regulation pursuant to NAC
				  284.830, the Division of Human
				  Resource Management will, within 30 days, either deny the petition in writing,
				  stating its reasons, or initiate procedures for the adoption, amendment or
				  repeal of a regulation pursuant to
				  NRS
				  233B.060. An oral hearing will be granted to
				  any interested person who will be directly affected by the proposed
				  regulation.
[Personnel Div., Rule XVII § C subsec. 3, eff.
					 8-11-73] - (NAC A by Dep't of Personnel, 10-26-84;
					 8-14-90)
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Adoption, Amendment or Repeal of Regulations › Section 284.838 - Declaratory judgments

Current through June 11, 2024
If the petition is denied by the Division of Human Resource
				  Management and its decision is sustained by the Commission, the petitioner may
				  seek a declaratory judgment, pursuant to
				  NRS
				  233B.110.
[Personnel Div., Rule XVII § C subsec. 4, eff.
					 8-11-73] - (NAC A by Dep't of Personnel,
					 10-26-84)
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Personnel Commission › Section 284.850 - Scope

Current through June 11, 2024
NAC 284.850 to
				  284.874, inclusive, govern
				  hearings before the Commission.
Added to NAC by Dep't of Personnel, eff.
					 10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Personnel Commission › Section 284.854 - Request for appeal and other communication

Current through June 11, 2024
A request for an appeal or other pertinent communication
				  directed to the Commission must be addressed to the Administrator within 30
				  days after receipt of the Administrator's decision.
Added to NAC by Dep't of Personnel, eff.
					 10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Personnel Commission › Section 284.858 - Time and place; notice; provision of reasonable accommodation to party with disability

Current through June 11, 2024
1. The Chair of the
				Commission will convene the hearing at the time and place specified for the
				purpose of hearing the appeal.
2. A
				written notice of the time and place of the hearing must be given to each party
				at least 10 days before the date of the hearing. The notice must contain the
				information required for a party to request reasonable accommodation.
3. The Chair shall provide reasonable
				accommodation to a party with a disability who requests such accommodation
				within the time sufficient to make the accommodation.
Added to NAC by Dep't of Personnel, eff. 10-26-84; A
					 7-6-92
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Personnel Commission › Section 284.862 - Hearings open to public

Current through June 11, 2024
Except as otherwise required or permitted by chapter 241 of
				  NRS, all hearings are open to the public.
Added to NAC by Dep't of Personnel, eff.
					 10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Personnel Commission › Section 284.866 - Commencement of hearing

Current through June 11, 2024
At the beginning of the hearing, the Chair of the
				  Commission:
1. Shall state the subject
				of the hearing and identify the parties; and
2. May, with the agreement of the parties,
				read into or submit for the record items of preliminary or explanatory
				correspondence relevant to the subject of the hearing.
Added to NAC by Dep't of Personnel, eff.
					 10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Personnel Commission › Section 284.870 - Appearance and representation of party; manner of hearing

Current through June 11, 2024
1. A party may appear in person or may be
				represented by an individual of his or her choice, or both appear and be
				represented.
2. The matter will be
				heard in the manner prescribed by the Commission.
Added to NAC by Dep't of Personnel, eff.
					 10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › PRACTICE BEFORE DIVISION OF HUMAN RESOURCE MANAGEMENT › Hearings Before the Personnel Commission › Section 284.874 - Decision of Commission

Current through June 11, 2024
At the conclusion of the hearing, the Commission may take the
				  case under submission and will notify the parties in writing within 30 days
				  after the date of the hearing of the Commission's decision.
Added to NAC by Dep't of Personnel, eff.
					 10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.880 - Definitions

Current through June 11, 2024
As used in NAC 284.880 to
				284.894, inclusive, unless the
				context otherwise requires:
1.
			 "Employee" has the meaning ascribed to it in subsection 1 of
			 NRS
			 284.4061.
2. "Screening test" has the meaning ascribed
			 to it in subsection 2 of
			 NRS
			 284.4061.
Added to NAC by Dep't of Personnel, eff. 12-26-91; A by
				  Personnel Comm'n by R066-09, 10-27-2009
NRS 284.065,
				  284.155,
				  284.407
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.882 - Administration of screening tests

Current through June 11, 2024
A screening test to detect the general presence of:
1. A controlled substance must comply with:
(a) The standards established by the United
			 States Department of Health and Human Services which are hereby adopted by
			 reference. A copy of the standards is available, without charge, from the
			 United States Department of Health and Human Services, Substance Abuse and
			 Mental Health Services Administration, Center for Substance Abuse Prevention,
			 Division of Workplace Programs, 5600 Fishers Lane, Rockville, Maryland 20857;
			 and
(b) Any supplementary standards
			 and procedures established by the Commission.
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.884 - Maximum allowable concentrations of alcohol in blood or breath of employee; confirmation of positive result on screening test of breath

Current through June 11, 2024
1. An employee must not have a concentration
			 of alcohol in his or her blood or breath greater than .02 gram by weight of
			 alcohol per 100 milliliters of his or her blood or per 210 liters of his or her
			 breath while on duty. Disciplinary action may be taken by the appointing
			 authority in accordance with the provisions of NAC
			 284.638 to
			 284.6563, inclusive, if a
			 screening test indicates that the concentration of alcohol in the blood or
			 breath of the employee is greater than .02 gram by weight of alcohol per 100
			 milliliters of his or her blood or per 210 liters of his or her breath while on
			 duty.
2. A positive result on a
			 screening test of a person's breath must be confirmed by a second screening
			 test. The second screening test must be conducted immediately after receipt of
			 the positive result of the first screening test.
Added to NAC by Dep't of Personnel, eff. 12-26-91; A by
				  R058-01, 9-6-2001; A by Personnel Comm'n by R138-12,
				  10-4-2013
NRS 284.065,
				  284.155,
				  284.407
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.886 - Screening test for controlled substance required of applicant for position affecting public safety; exception

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, an applicant for a position that is
			 designated by the Personnel Commission as affecting public safety must submit
			 to a screening test to detect the general presence of a controlled substance
			 unless he or she is employed by the State in a position that is also designated
			 as affecting public safety at the time he or she applies.
2. A person who has been laid off from a
			 position affecting public safety and who is reemployed in a class affecting
			 public safety within 1 year after the date he or she was laid off is not
			 required to submit to a screening test pursuant to this section.
Added to NAC by Dep't of Personnel, eff. 12-26-91; A
				  3-23-94
NRS 284.065,
				  284.155,
				  284.407
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.888 - Request for employee to submit to screening test: Interpretation of grounds; completion of required form

Current through June 11, 2024
1. Objective facts
			 upon which an appointing authority may base a reasonable belief that an
			 employee is under the influence of alcohol or drugs which impair the ability of
			 the employee to perform his or her duties safely and efficiently include, but
			 are not limited to:
(a) Abnormal conduct or
			 erratic behavior by the employee that is not otherwise normally
			 explainable;
(b) The odor of
			 alcohol or a controlled substance on the breath of the employee;
(c) Observation of the employee consuming
			 alcohol; or
(d) Observation of the
			 employee possessing a controlled substance or using a controlled substance that
			 is reported by a credible source.
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.889 - Circumstances under which employee is deemed to have refused to submit to screening test when requested or required; requirement to rescind offer of employment

Current through June 11, 2024
1. For the purposes
			 of
			 NRS
			 284.4063,
			 284.4065
			 and
			 284.4066,
			 an applicant or employee is deemed to have refused to submit to a screening
			 test requested pursuant to
			 NRS
			 284.4065 or required pursuant to
			 NRS
			 284.4066 when the applicant or employee:
(a) Provides oral or written notice to the
			 appointing authority that he or she refuses to take the requested or required
			 screening test;
(b) Absent any
			 extenuating circumstances, fails to appear at the collection site for a
			 screening test within a reasonable time after being requested or required to do
			 so;
(c) Absent any extenuating
			 circumstances, fails to remain at the collection site until the collection
			 process is complete;
(d) Fails to
			 provide a sufficient amount of specimen when requested or required to do so
			 pursuant to the standards adopted by reference in NAC
			 284.882 and fails to undergo a
			 medical evaluation to determine whether there is a legitimate medical
			 explanation for the insufficient amount of specimen;
(e) Fails to provide a sufficient amount of
			 specimen when requested or required to do so pursuant to the standards adopted
			 by reference in NAC
			 284.882, and it has been
			 determined, through a required medical evaluation, that there was no legitimate
			 medical explanation for the insufficient amount of specimen;
(f) Fails to cooperate with any part of the
			 process related to the screening test, including, without limitation, refusing
			 to sign any required forms;
(g)
			 Brings materials or devices to the collection site for the purpose of
			 adulterating, substituting or diluting the specimen;
(h) Attempts to adulterate, substitute or
			 dilute the specimen; or
(i) Admits
			 to the collector or Medical Review Officer that he or she adulterated or
			 substituted the specimen.
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.890 - Transportation of employee to and from location of screening test

Current through June 11, 2024
1. If an appointing authority requests an
			 employee to submit to a screening test based on the reasonable belief of the
			 appointing authority that the employee is under the influence of alcohol or
			 drugs and the employee has not refused to submit to the screening test, the
			 appointing authority shall provide transportation for the employee to the
			 location of the test.
2. After the
			 employee submits to the screening test, the appointing authority, based on
			 which of the following is most appropriate, shall :
(a) Provide transportation for the employee
			 to his or her home ;
(b) Assist the
			 employee in arranging for a person chosen by the employee to provide
			 transportation for the employee; or
(c) Arrange for emergency medical assistance
			 if the appointing authority or any other person, before or during the
			 transportation of the employee to his or her home, reasonably believes, based
			 on objective facts, that the employee needs emergency medical
			 assistance.
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.892 - Duties of employee who is referred to employee assistance program

Current through June 11, 2024
1. If an employee is referred to an employee
			 assistance program as a result of a positive result on a screening test or
			 pursuant to NAC
			 284.653, the employee or the
			 employee assistance program to which the employee was referred shall provide to
			 the appointing authority:
(a) Evidence of the
			 employee's consultation with a counselor employed by the employee assistance
			 program; and
(b) Any recommendation
			 of the counselor with respect to the employee's rehabilitation, within 5
			 working days after the date of the initial consultation.
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.893 - Return to work of employee who tests positive for alcohol or controlled substance while on duty

Current through June 11, 2024
1. The appointing
			 authority of an employee who tests positive for the presence of alcohol or a
			 controlled substance while on duty and who, as a result, is subject to
			 disciplinary action pursuant to NAC
			 284.646 or
			 284.650 but is not terminated
			 shall, before allowing the employee to return to work, require:
(a) The employee or the employee assistance
			 program to which the employee was referred provide to the appointing authority
			 documentation from a counselor who is licensed or certified pursuant to chapter
			 641C of NRS or another health care provider who has training or experience in
			 counseling persons with an alcohol or other substance use disorder which
			 verifies that the employee is able to return to duty and perform the essential
			 functions of his or her job.
(b)
			 The employee to submit to a screening test.
Nevada Administrative Code › Chapter 284 - State Personnel System › USE OF ALCOHOL OR DRUGS › Section 284.894 - Treatment of applicant who tests positive; treatment of employee who tests positive twice within 5-year period

Current through June 11, 2024
1. An applicant who
			 tests positive for the use of a controlled substance must not be considered by
			 an appointing authority for employment in any position which requires such
			 testing and must be removed from all lists of eligible persons established from
			 a recruitment that requires such testing until:
(a) One year after the time of the positive
			 test; or
(b) The applicant provides
			 evidence that he or she has successfully completed a rehabilitation program for
			 substance abuse.
Nevada Administrative Code › Chapter 285 - Awards to State Employees › Section 285.010 - Maximum cost of service award

Current through June 11, 2024
1. The cost of each service award presented to a state employee pursuant to NRS 285.080 must not exceed $50.
2. As used in this section, "service award" has the meaning ascribed to it in NRS 285.080.
Added to NAC by Bd. of Exam'rs by R148-01, eff. 5-28-2002
NRS 285.080
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.010 - Interpretation of terms used in NRS 286.025

Current through June 11, 2024
The Board interprets these terms, as used in NRS 286.025, as follows:
1. "Payment for hazardous duty" means regular additional compensation paid to an eligible employee by a public employer for performing dangerous work.
2. "Payment for longevity" means additional compensation paid to an eligible employee by a public employer based on the employee's years of service.
3. "Payment for shift differential" means additional compensation paid to an eligible employee by a public employer for employment which does not involve a regular shift.
4. "Payment for terminal leave" means compensation for all accumulated leave or bonuses which is paid to an eligible employee upon the termination of employment for any cause including death.
5. "Secondary employment" means additional public employment which is not eligible for contributions.
Pub. Emp. Retirement Bd., § 1, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.020 - Interpretation of terms used in NRS 286.293

Current through June 11, 2024
The Board interprets these terms, as used in NRS 286.293, as follows:
1. "Half-time" means half of the full-time work schedule established for a public employer for at least 120 consecutive workdays.
2. "Position" means employment with a public employer that is included in the official budget of the organization or has been approved by a person who is authorized to approve the employment.
Pub. Emp. Retirement Bd., § 2, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.030 - "Consecutive months" interpreted; average compensation not prorated

Current through June 11, 2024
For the purposes of NRS 286.551 and 286.650:
1. The Board interprets "consecutive months" to mean those months, one following the other, in which some compensation is reported or service credit received, whether or not any actual work is performed.
2. When calculating average compensation, the compensation which is reported will not be prorated to reflect the portion of the month which the reported compensation represents.
Pub. Emp. Retirement Bd., § 3, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.040 - Registration for membership

Current through June 11, 2024
1. To register for membership in the System, an employee must complete the appropriate form. The form must be certified by his or her public employer.
2. The form registering a retired employee of the System who elects to return to membership and is employed by a public employer participating in the System must be clearly marked "retired employee."
Pub. Emp. Retirement Bd., § 6, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.050 - Participation of part-time employees

Current through June 11, 2024
1. A person shall participate in the Public Employees' Retirement System if he or she is employed in two or more regular positions that total half time or more according to the full-time schedule of each employer.
2. If two or more persons are assigned to fill a single position considered to be half time or more, then each person shall participate in the System regardless of whether or not they individually qualify for enrollment.
Pub. Emp. Retirement Bd., §§ 4 & 5, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.060 - Member's rights not impaired by transfer

Current through June 11, 2024
Transfers which are made between the Public Employees' Retirement Fund and the Police and Firefighters' Retirement Fund or between one public employer and another do not impair a member's rights in the System.
Pub. Emp. Retirement Bd., § 7, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.070 - Transfers between funds

Current through June 11, 2024
1. The Executive Officer shall transfer all rights, credit, contributions and interest thereon of any member enrolled in the Police and Firefighters' Retirement Fund who changes to employment covered by the Public Employees' Retirement Fund to the Public Employees' Retirement Fund.
2. The Executive Officer shall transfer all rights, credit, contributions and interest thereon of any member enrolled in the Public Employees' Retirement Fund who accepts a position covered by the Police and Firefighters' Retirement Fund to the Police and Firefighters' Retirement Fund.
3. If a police officer or firefighter qualifies for and elects early retirement, and has contributions in the Public Employees' Retirement Fund, the Executive Officer shall transfer all credit for service, employee and employer contributions, and all interest earned thereon, to the Police and Firefighters' Retirement Fund.
4. Interest on funds transferred to and from the Police and Firefighters' Retirement Fund and the Public Employees' Retirement Fund will be computed as of June 30 of the prior fiscal year. No interest which accrues after that date will be transferred.
Pub. Emp. Retirement Bd., §§ 49-52, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.080 - Transfer of police officer or firefighter eligible for early retirement

Current through June 11, 2024
A member who has completed 10 years of actual service as a police officer or firefighter will not lose the right to early retirement provided in subsection 2 of NRS 286.510 if he or she subsequently transfers to employment other than as a police officer or firefighter.
Pub. Emp. Retirement Bd., § 54, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.090 - Monthly reports: Addition of new members

Current through June 11, 2024
A new member of the System may not be added to the employer's monthly report made pursuant to NRS 286.460 unless a completed form registering the new member is attached to the report.
Pub. Emp. Retirement Bd., § 12, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.100 - Monthly reports: Listing of employees

Current through June 11, 2024
1. The monthly report must separately list the names of the employees who pay employee contributions, employees for whom the employer pays employee contributions, and police officers and firefighters.
2. The employer must list the names of members in alphabetical order according to the groups described in subsection 1.
3. An employee may not be listed under two groups on the same monthly report.
4. An employee may not be listed on the monthly report if the employee has not received any salary for which contributions are made in that particular month.
Pub. Emp. Retirement Bd., §§ 13-16, eff. 7-16-82
NRS 286.200
Nevada Administrative Code › Chapter 286 - Public Employees' Retirement › Section 286.110 - Monthly reports: Retroactive adjustment

Current through June 11, 2024
An employer must submit retroactive adjustments to a monthly report in a separate report and must indicate the month to which the adjustment is applicable. An employer may submit minor corrections by a letter which certifies the corrections.
Pub. Emp. Retirement Bd., § 17, eff. 7-16-82
NRS 286.200