reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 284 - State Personnel System › SEPARATIONS FROM SERVICE › Section 284.614 - Layoffs: Procedure

Current through June 11, 2024
1. Except as
			 otherwise provided in NAC
			 284.425, if it becomes necessary
			 for a classified employee to be laid off because of a shortage of work or
			 money, the abolition of a position, or some other material change in duties or
			 organization:
(a) The director of the
			 department shall determine in what geographical location, class series, class
			 and option the reductions in staff will have the least detrimental effect on
			 the operations of the department and shall specify layoffs accordingly. In the
			 Department of Health and Human Services and the Nevada System of Higher
			 Education, the administrator of a division may be designated to make these
			 determinations with the approval of the director of the department.
(b) Within the department, geographical
			 location, class series, class and option selected, all employees of the
			 department who are not permanent must be separated from service before any
			 permanent employees in the following order:
(1) Emergency employees.
(2) Temporary employees.
(3) Provisional employees.
(4) Probationary employees.
(c) If additional reductions are
			 necessary, permanent employees must be laid off on the basis of seniority
			 pursuant to NAC
			 284.632.
(d) In the department, geographical location,
			 class series, class and option where layoffs are to take place, those employees
			 with the least seniority must be laid off, transferred as set forth in
			 subsection 2 or voluntarily demoted as set forth in NAC
			 284.618.
(e) An appointing authority may consider
			 limiting layoffs to employees in full-time or part-time positions. Similar
			 considerations may be given to and limitations placed on positions requiring
			 selective certification pursuant to NAC
			 284.361.
Nevada Administrative Code › Chapter 284 - State Personnel System › SEPARATIONS FROM SERVICE › Section 284.618 - Layoffs: Voluntary demotions

Current through June 11, 2024
1. In lieu of being
			 laid off, a permanent employee may choose to be voluntarily demoted to a vacant
			 position or displace an employee within the department and geographical
			 location where employed to one of the next lower classes:
(a) Within his or her current class series
			 and option; or
(b) Within the class
			 series and option from which he or she was appointed to his or her current
			 position during current continuous service if he or she cannot be demoted
			 pursuant to paragraph (a).
For the purposes of this subsection, divisions of the
				Department of Health and Human Services and the Nevada System of Higher
				Education shall be deemed to be departments.
Nevada Administrative Code › Chapter 284 - State Personnel System › SEPARATIONS FROM SERVICE › Section 284.626 - Layoffs: Notice

Current through June 11, 2024
All permanent employees to be laid off must be given written
				notice of the layoff at least 30 calendar days before the effective date of the
				layoff. A copy of the seniority calculations and layoff notice must be sent to
				the Division of Human Resource Management. The notice must specifically list
				the positions and locations where the employee has a current right to displace
				another employee, if those positions and locations are known at the time of
				notification.
[Personnel Div., Rule XIII § B subsec. 5, eff. 8-11-73]
				  - (NAC A by Dep't of Personnel, 8-26-83; 8-1-91; A by Personnel Comm'n by
				  R143-05, 12-29-2005)
NRS 284.065,
				  284.155,
				  284.380
Nevada Administrative Code › Chapter 284 - State Personnel System › SEPARATIONS FROM SERVICE › Section 284.632 - Layoffs: Calculation of seniority

Current through June 11, 2024
1. For the purposes
			 of calculating an employee's seniority for NAC
			 284.614,
			 284.618 and
			 284.630:
(a) Except as otherwise provided in this
			 section, the total number of years of continuous full-time equivalent service
			 up to the effective date of the layoff must be included.
(b) Except as otherwise provided in
			 subsection 2, the sum of the calculation made pursuant to paragraph (a) or, if
			 applicable, subsection 5 must be reduced by the following periods if those
			 periods occurred during the 36 months immediately preceding the date of the
			 notification of layoff:
(1) For a nonexempt
			 employee, any combination of leave without pay and catastrophic leave in excess
			 of 240 hours in the period preceding the date of the notification of layoff
			 equal to 12 months of full-time equivalent service;
(2) For an exempt classified employee or
			 exempt unclassified employee, any combination of leave without pay and
			 catastrophic leave in excess of 30 working days in the period preceding the
			 date of the notification of layoff equal to 12 months of full-time equivalent
			 service; and
(3) Any time covered
			 by a report on performance which rated the employee below standard, excluding
			 evaluations received within 75 calendar days before the notification of
			 layoff.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.638 - Warnings and written reprimands

Current through June 11, 2024
1. If an employee's
			 conduct comes under one of the causes for action listed in NAC
			 284.650, the supervisor shall
			 inform the employee promptly and specifically of the conduct.
2. If appropriate and justified, following a
			 discussion of the matter, a reasonable period of time for improvement or
			 correction may be allowed before initiating disciplinary action.
3. In situations where an oral warning does
			 not cause a correction of the condition or where a more severe initial action
			 is warranted, a written reprimand prepared on a form prescribed by the Division
			 of Human Resource Management must be sent to the employee and a copy placed in
			 the employee's personnel folder which is filed with the Division of Human
			 Resource Management.
[Personnel Div., Rule XII § A, eff. 8-11-73; + Rule XV
				  part § A, eff. 8-11-73; A 6-9-74; 2-5-82] - (NAC A by Dep't of Personnel,
				  10-26-84; 10-18-89; 11-16-95; A by Personnel Comm'n by R056-10,
				  10-26-2011)
NRS 284.065,
				  284.155,
				  284.383
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.642 - Suspensions and demotions

Current through June 11, 2024
1. If other forms
			 of disciplinary or corrective action have proved ineffective, or if the
			 seriousness of the offense or condition warrants, an employee may be:
(a) Suspended without pay for a period not to
			 exceed 30 calendar days for any cause set forth in this chapter; or
(b) Demoted for any cause set forth in this
			 chapter.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.646 - Dismissals

Current through June 11, 2024
1. An appointing authority may dismiss an
			 employee for any cause set forth in NAC
			 284.650 if:
(a) The agency with which the employee is
			 employed has adopted any rules or policies which authorize the dismissal of an
			 employee for such a cause; or
(b)
			 The seriousness of the offense or condition warrants such dismissal.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.652 - Reporting of suspension, revocation or cancellation of professional or occupational license, certificate or permit or driver's license required under certain circumstances; dismissal or disciplinary or corrective action authorized for failure to report

Current through June 11, 2024
1. An employee must
			 report the suspension, revocation or cancellation of a professional or
			 occupational license, certificate or permit or driver's license to his or her
			 appointing authority within 5 working days after the suspension, revocation or
			 cancellation occurs if the employee was required to possess the professional or
			 occupational license, certificate or permit or driver's license at the time of
			 appointment as stated in the standards of work performance, essential functions
			 or class specifications for the position, or in other documentation provided to
			 the employee at the time of appointment, or required thereafter pursuant to
			 federal or state law.
2. If an
			 employee fails to make the report required pursuant to subsection 1:
(a) The appointing authority may immediately
			 dismiss the employee pursuant to subsection 2 of NAC
			 284.646; or
(b) Appropriate disciplinary or corrective
			 action may be taken against the employee pursuant to NAC
			 284.650.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.653 - Driving under the influence; unlawful acts involving controlled substance

Current through June 11, 2024
1. An employee is subject to any disciplinary
			 action set forth in subsection 2, as determined by the appointing authority, if
			 the employee is convicted of any of the following offenses:
(a) If the offense occurred while the
			 employee was driving a state vehicle, or a privately owned vehicle on state
			 business:
(1) Driving under the influence in
			 violation of NRS
			 484C.110; or
(2) Any offense resulting from an incident in
			 which the employee was:
(I) Originally
			 charged with driving under the influence; or
(II) Charged with any other offense for which
			 driving under the influence is an element of the offense.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.655 - Investigation; waiver

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, before an appointing authority may dismiss,
			 suspend or demote a permanent employee, the appointing authority must first
			 ensure that an impartial fact-finding investigation has been conducted to
			 determine that evidence exists to justify the dismissal, suspension or
			 demotion.
2. The investigation
			 described in subsection 1 may be waived if the employee agrees in writing with
			 the allegations on which the dismissal, suspension or demotion is
			 based.
Added to NAC by Personnel Comm'n by R027-11, eff.
				  12-30-2011
NRS 284.065,
				  284.155,
				  284.387
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.6555 - Request for extension to complete an internal administrative investigation

Current through June 11, 2024
1. Pursuant to subsection 2 of
			 NRS
			 284.387, if an appointing authority wishes to
			 request an initial extension of not more than 60 days from the Administrator to
			 complete an internal administrative investigation that could lead to
			 disciplinary action against an employee pursuant to
			 NRS
			 284.385 and make a determination as a result
			 of the investigation, the appointing authority must:
(a) Submit the request to the Administrator
			 on a form prescribed by the Division of Human Resource Management on or before
			 the 90th day after the employee was provided notice of the allegations against
			 the employee;
(b) Explain in the
			 request why the appointing authority is unable to complete the internal
			 administrative investigation and make a determination within 90 days after the
			 employee was provided notice of the allegations; and
(c) Provide a copy of the request to the
			 employee who is the subject of the internal administrative
			 investigation.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.656 - Notice of proposed action; employee authorized to seek explanation of reasons for proposed action or procedures for disciplinary actions from agency

Current through June 11, 2024
Except as otherwise provided in NAC 284.6563, if an appointing
				authority proposes that a permanent employee be dismissed, suspended or
				demoted, the following procedure for providing notice of the proposed action
				must be followed:
1. The employee must
			 be given at least 10 working days' written notice of the proposed action on the
			 form provided by the Division of Human Resource Management.
2. The notice may be given in person or by
			 means of any delivery service that provides a written or electronic record of
			 the date the notice was sent and the date the notice was received. If the
			 notice is sent by means of a delivery service, the notice must be sent to the
			 employee's last known address. The notice must not be given by electronic mail,
			 the use of social media or other electronic means. If the notice is returned
			 without having been received by the employee, the employee's date of receipt
			 shall be deemed to be the sixth day after the date the notice was
			 sent.
3. The notice must:
(a) Specify the proposed date on which the
			 action is effective.
(b) Inform the
			 employee that a predisciplinary review has been scheduled on his or her behalf
			 in the manner prescribed in NAC
			 284.6561 and specify the date,
			 time and place of the predisciplinary review.
(c) Specify the charges, the reasons for them
			 and the cause of action contained in NAC 284.646 or
			 284.650
			 on which the proposed action is based.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.6561 - Hearing before or after proposed action

Current through June 11, 2024
Except as otherwise provided in NAC 284.6563, if an appointing
				authority proposes that a permanent employee be dismissed, suspended or
				demoted, the following procedure for a predisciplinary review before the
				proposed action must be followed:
1. A
			 predisciplinary review must be scheduled on the employee's behalf unless waived
			 in writing by the employee pursuant to subsection 2. The predisciplinary review
			 must be scheduled to take place not earlier than 7 working days after the
			 written notice of the proposed action is delivered or deemed received pursuant
			 to subsection 2 of NAC
			 284.656.
			 The predisciplinary review must not be scheduled on a day which is not a
			 regular working day for the employee. If the appointing authority or his or her
			 designated representative and the employee agree, the date of the
			 predisciplinary review may be changed.
2. The employee may waive the right to a
			 predisciplinary review before the proposed action in writing. If the employee
			 makes such a waiver, the employee may not be dismissed, suspended or demoted
			 before the proposed effective date. The waiver does not waive the employee's
			 right to a hearing after the action is taken.
3. The appointing authority or his or her
			 designated representative shall conduct the predisciplinary review. The
			 designated representative must be a person with the authority to recommend a
			 final decision to the appointing authority. The appointing authority shall
			 render the final decision.
4. At
			 any time after receiving the notice and before the predisciplinary review, the
			 employee may examine all materials that are to be used by the person conducting
			 the predisciplinary review. The employee is entitled to administrative leave
			 with pay as provided in NAC 284.589 to prepare for a predisciplinary review or
			 hearing regarding his or her suspension, demotion or dismissal.
5. This process is an informal proceeding
			 between the two parties, the appointing authority and his or her designated
			 representative and the employee, who meet together to discuss the proposed
			 action. The employee will be given an opportunity to rebut the allegations
			 against the employee and provide mitigating information. Witnesses are not
			 allowed to attend, but each party may be accompanied by a person of his or her
			 choice.
6. The employee may respond
			 both orally and in writing to the appointing authority or his or her designated
			 representative at the predisciplinary review.
7. The employee must be:
(a) Given a copy of the finding or
			 recommendation, if any, resulting from the predisciplinary review;
			 and
(b) Notified in writing of the
			 appointing authority's decision regarding the proposed action and the reasons
			 therefor on or before the effective date of the action. The effective date of
			 the action is the first day the disciplinary action takes effect.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.6562 - Request for hearing to determine reasonableness of dismissal, demotion or suspension

Current through June 11, 2024
1. A permanent
			 employee who has been dismissed, demoted or suspended may request a hearing
			 before the hearing officer of the Commission, pursuant to
			 NRS
			 284.390, within 10 working days after the
			 effective date of his or her dismissal, demotion or suspension. For the purpose
			 of determining the time limit for making such a request, the effective date of
			 the dismissal, demotion or suspension is the first day that the disciplinary
			 action takes effect.
2. Except as
			 otherwise provided in subsection 3, such a request must be:
(a) Addressed and submitted as required
			 pursuant to NAC
			 284.778; and
(b) Accompanied by the written notification
			 of the appointing authority's decision regarding the proposed action provided
			 to the employee pursuant to subsection 7 of NAC
			 284.6561.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.6563 - Notice and hearing not required in certain circumstances

Current through June 11, 2024
1. The procedures specified in NAC
			 284.656 and
			 284.6561 need not be followed
			 before dismissing or suspending a permanent employee if the circumstances give
			 the appointing authority a reasonable cause to believe that the retention of an
			 employee on active duty poses a threat to life, limb or property or may be
			 seriously detrimental to the interests of the State.
2. If the circumstances set forth in
			 subsection 1 are present, the appointing authority may temporarily assign the
			 employee to duties in which those circumstances do not exist or, if the
			 temporary assignment is not feasible:
(a)
			 Immediately place the employee on administrative leave with pay until the
			 procedures specified in NAC
			 284.656 and
			 284.6561 have been followed;
			 or
(b) Immediately suspend or
			 dismiss the employee. In this case the appointing authority, his or her
			 designated representative, or the employee's supervisor shall attempt to inform
			 the employee before the action is taken of the charges against him or her and
			 provide the employee with an opportunity to rebut the charges. The procedures
			 specified in NAC
			 284.656 and
			 284.6561 must be followed as soon
			 as practicable after the immediate suspension or dismissal.
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.Sec. 1 - NEW

Current through June 11, 2024
If an employee is authorized pursuant to
				NRS
				202.3673 to carry a concealed firearm while
				on the premises of the public building in which he or she is employed, the
				employee must, before the employee carries a concealed firearm on the premises
				of the public building, notify the appointing authority or a designated
				representative of the appointing authority that the employee will be carrying
				the concealed firearm.
Added
				to NAC by Dep't of Personnel by
				R123-19A,
				eff. 12/21/2020
NRS
				284.065 and
				284.155
Nevada Administrative Code › Chapter 284 - State Personnel System › DISCIPLINARY PROCEDURES › Section 284.Sec. 3 - NEW

Current through June 11, 2024
1. An employee or a designated representative
			 of the employee must report being arrested for, charged with or convicted of
			 any offense, including, without limitation, being arrested for, charged with or
			 convicted of an offense that took place during working or nonworking hours, to
			 his or her appointing authority within 5 working days after the arrest, charge
			 or conviction occurs if the arrest, charge or conviction results in the
			 employee being temporarily or permanently unable to perform the duties of his
			 or her position.
2. An employee
			 must make the report required pursuant to subsection 1 in every situation where
			 the arrest, charge or conviction results in the employee being temporarily or
			 permanently unable to perform the duties of his or her position, even if the
			 employee:
(a) Is not absent from work as a
			 result of an arrest, charge or conviction; or
(b) Is absent from work as a result of an
			 arrest, charge or conviction and the absence is:
(1) Authorized by his or her appointing
			 authority; or
(2)
			 Unauthorized.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.658 - Definitions

Current through June 11, 2024
As used in NAC
				284.341 and 284.658 to
				284.697, inclusive, unless the
				context otherwise requires:
1.
			 "Complaint" means a written complaint filed by an employee pursuant to NRS
			 281.755. The term does not include a complaint filed pursuant to paragraph (c)
			 of subsection 1 of NAC
			 284.696.
2. "Grievance" means an act, omission or
			 occurrence which a permanent classified employee feels constitutes an injustice
			 relating to any condition arising out of the relationship between an employer
			 and an employee, including, but not limited to, compensation, working hours,
			 working conditions, membership in an organization of employees or the
			 interpretation of any law, regulation or disagreement or a contested report on
			 performance. The act, omission or occurrence must be established with factual
			 information including, but not limited to, the date, time and place of the act,
			 omission or occurrence and the names of other persons involved. For the
			 purposes of NAC
			 284.341 and 284.658 to
			 284.697, inclusive, the term
			 "grievance" does not include any grievance for which a hearing is provided by
			 federal law or NRS
			 284.165,
			 284.245,
			 284.3629,
			 284.376 or
			 284.390.
[Personnel Div., Rule XV part § A, eff. 8-11-73; A
				  6-9-74; 2-5-82] - (NAC A by Dep't of Personnel, 8-28-85; 10-18-89; 8-1-91;
				  3-27-92; R082-00, 8-2-2000; A by Personnel Comm'n by R023-05, 10-31-2005;
				  R007-11, 10-26-2011; R026-11, 12-30-2011, eff. 1-1-2012; R076-15, 4-4-2016;
				  R033-17, 10-31-2017)
NRS 281.755,
				  284.065,
				  284.155, 284.340,
				  284.384
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.662 - Providing assistance or representation to employee; discrimination prohibited relating to seeking or filing request for review of grievance or complaint or testifying or providing assistance or representation to another employee; available resources for assistance

Current through June 11, 2024
1. An employee
			 filing for a review of a grievance or complaint may be assisted or represented
			 by any person of his or her choosing, if the person agrees to act in this
			 capacity, at any step of the procedure except the initial informal discussion
			 with his or her immediate supervisor.
2. If the assistant is a state employee, he
			 or she may only assist on his or her own time.
3. An employee may not be discriminated
			 against in recruitment, examination, appointment, training, promotion,
			 retention, classification or any other personnel action for informally seeking
			 or formally filing a request to have his or her grievance or complaint
			 reviewed, testifying on behalf of another employee, helping another employee
			 prepare a grievance or complaint or acting as a representative of any employee
			 requesting a review of a grievance or complaint.
4. To assist in resolving an employee's
			 grievance or complaint, the resources and consultation available from the
			 Division of Human Resource Management and the personnel offices of the agency
			 must be made available to all parties.
[Personnel Div., Rule XV part § A, eff. 8-11-73; A
				  6-9-74; 2-5-82] - (NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n
				  by R096-03, 10-30-2003; R033-17,
				  10-31-2017)
NRS 281.755,
				  284.065,
				  284.155,
				  284.384
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.678 - Submission, form and contents of grievance; informal discussions

Current through June 11, 2024
1. Except as otherwise provided in
			 subsections 3 and 4 and NAC
			 284.692, an employee who feels
			 aggrieved and wishes to file a formal grievance must submit the grievance in
			 writing to his or her immediate supervisor on the official form, or in a letter
			 if the official form is not available, within 20 working days after the date of
			 the event leading to the grievance or the date the employee learns of the event
			 leading to the grievance. The parties should make every effort to resolve the
			 grievance through informal discussions within these 20 working days.
2. If the employee submits a letter, it must
			 include:
(a) His or her name;
(b) His or her most recent date of
			 hire;
(c) His or her
			 position;
(d) His or her
			 department, division and section;
(e) His or her mailing address;
(f) His or her business telephone
			 number;
(g) A statement that he or
			 she is filing a formal grievance;
(h) The date, time and place of the event
			 leading to the grievance or the date the employee learns of the event leading
			 to the grievance;
(i) A concise
			 statement of the grievance;
(j) A
			 detailed description of the grievance, including the names of other persons
			 involved in the event, if any;
(k)
			 A proposed solution of the grievance;
(l) His or her signature; and
(m) The date he or she signed the
			 statement.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.680 - Date of receipt of grievance or complaint

Current through June 11, 2024
1. For
			 the purposes of NAC
			 284.682,
			 284.686 and
			 284.690, a grievance is deemed to
			 have been received at each step in the grievance procedure on the date on which
			 the employee or his or her chosen representative personally delivers the
			 grievance, transmits it by facsimile machine or submits it via the Internet
			 using the Employee Incident Tracking System within the Nevada Employee Action
			 and Timekeeping System developed by the Division of Human Resource Management,
			 which is available at
https://nvapps.state.nv.us/NEATS/admin/Home.aep
.
2. For the purposes of NAC 284.6951, a
			 complaint is deemed to have been received by the Committee on the date on which
			 the employee or the chosen representative of the employee personally delivers
			 the complaint, transmits it by facsimile machine or submits it by electronic
			 mail.
3. If the employee mails the
			 grievance or complaint, the grievance or complaint is deemed to have been
			 received 6 days after:
(a) The date on which
			 the grievance or complaint was postmarked; or
(b) The date on the return receipt if sent by
			 certified mail.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.682 - Appeal of grievance to next appropriate level

Current through June 11, 2024
1. If the
			 employee and the employee's appointing authority agree that the correction of
			 the matter under appeal is beyond the control of a level of supervision
			 contemplated in this procedure or if the Administrator or his or her designee,
			 in consultation with the employee's appointing authority, determines that the
			 submission of the grievance to the supervisor would be a useless act, the
			 aggrieved employee may appeal directly to the next appropriate level.
2. Except as otherwise provided in NAC
			 284.692, an employee has 10
			 working days to refer his or her grievance to the next level after:
(a) He or she receives notification of the
			 action; or
(b) The passage of 10
			 working days after the grievance is deemed to have been received, whichever
			 occurs first, at each step in the procedure.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.686 - Submission of grievance to head of division or department

Current through June 11, 2024
1. Except as otherwise provided in NAC
			 284.692, if, within 10 working
			 days after the employee's grievance is deemed to have been received by his or
			 her immediate supervisor, the employee has not received satisfactory relief, he
			 or she may forward the grievance to the head of the major division of the
			 department in which he or she works. In those cases where a department is not
			 subdivided into divisions, the employee may forward the request directly to the
			 highest administrator in the department.
2. Additional managers or supervisors may
			 become involved or a review committee may make a recommendation to the highest
			 administrator of the agency.
[Personnel Div., Rule XV § A subsecs. 2 & 3, eff.
				  8-11-73; A 6-9-74; 2-5-82] - (NAC A by Dep't of Personnel, 10-26-84; A by
				  Personnel Comm'n by R065-98, 7-24-98; R023-05,
				  10-31-2005)
NRS 284.065,
				  284.155,
				  284.384
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.690 - Filing of grievance with highest administrator of department; action by highest administrator

Current through June 11, 2024
1. Except as
			 otherwise provided in NAC
			 284.692:
(a) If the employee has not received
			 satisfactory relief within 10 working days after his or her grievance is deemed
			 to have been received by the head of the division, he or she may file the
			 grievance with the highest administrator of the department; and
(b) Within 10 working days after the
			 employee's grievance is deemed to have been received by the highest
			 administrator of the department, the highest administrator or the designee of
			 the highest administrator shall:
(1) Gather
			 information regarding the grievance;
(2) Render a decision resolving the
			 grievance, including, without limitation, denying the grievance; and
(3) Notify the employee of the
			 resolution.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.692 - Agreement for extension of time to file grievance or complaint or take required action

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 5, the time limit for filing a grievance and
			 for taking any other action required by either party at any step in the
			 grievance procedure may be extended by the mutual agreement of the employee who
			 may file the grievance and the appointing authority or his or her designated
			 representative. An agreement to an extension of time entered into pursuant to
			 this subsection must be made in writing and authorized by both the employee and
			 the appointing authority or his or her designated representative.
2. The time limit for filing a complaint and
			 for taking any other action required by either party in the complaint procedure
			 may be extended by the mutual agreement of the employee who may file the
			 complaint and the appointing authority or his or her designated representative.
			 An agreement to an extension of time entered into pursuant to this subsection
			 must be made in writing and authorized by both the employee and the appointing
			 authority or his or her designated representative.
3. An appointing authority or his or her
			 designated representative may unilaterally extend the time limit for filing a
			 grievance or taking any other action at any step in the grievance procedure if
			 the appointing authority or his or her designated representative reasonably
			 believes that circumstances prevented a good faith attempt to resolve the
			 grievance at any step in the grievance procedure and those circumstances are
			 documented. Such documented circumstances may include, without limitation,
			 that:
(a) The employee is on a leave of
			 absence;
(b) The employee is
			 otherwise absent from work because of:
(1) A
			 physical, mental or emotional disorder;
(2) A short-term or long-term disability
			 event; or
(3) An extended hospital
			 stay or a stay in or treatment from a long-term care facility or another
			 facility, including, without limitation, treatment received through an employee
			 assistance program; or
(c) There is an investigation pending of a
			 report or complaint of alleged unlawful discrimination by an entity set forth
			 in paragraph (a) or (c) of subsection 1 of NAC
			 284.696.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.693 - Removal of ineligible request for adjustment of grievance or complaint from procedure; notice; appeal

Current through June 11, 2024
1. The Division of
			 Human Resource Management must take the actions described in subsection 2 if
			 the Division determines that a request for the adjustment of:
(a) A grievance is not eligible for the
			 procedure set forth in NAC
			 284.658 to
			 284.6957, inclusive, because:
(1) The person who submitted the request is
			 not a person described in subsection 2 of NAC
			 284.658, including, without
			 limitation, because the act, omission or occurrence only involves a
			 coworker;
(2) The person who
			 submitted the request was rejected during his or her trial period pursuant to
			 NAC 284.458; or
(3) A hearing is provided for the grievance
			 pursuant to federal law or
			 NRS
			 284.165,
			 284.245,
			 284.3629,
			 284.376
			 or
			 284.390.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.695 - Submission of grievance to Employee-Management Committee

Current through June 11, 2024
If an employee is not satisfied with the decision rendered by
				the highest administrator in the department pursuant to NAC
				284.690, the employee may request
				consideration of the grievance by the Committee pursuant to its rules. The
				employee must submit the request to the Committee within 10 working days
				following his or her receipt of the decision from the highest administrator.
				The request must include all appropriate documentation, a citation of the
				statutes and regulations pertinent to the grievance, if any, the specific
				points of disagreement or contention and supporting evidence. The Committee
				will, within 45 working days after the receipt of the employee's
				request:
1. Answer the request without
			 a hearing if the case is based upon the Committee's previous decisions or does
			 not fall within its jurisdiction; or
2. Hold a hearing to determine the proper
			 disposition of the request. If a hearing is held, the Committee will:
(a) Except as otherwise provided in paragraph
			 (b), provide at least 21 working days' written notice to all parties
			 concerned.
(b) Provide notice to
			 the employee by:
(1) Sending a written
			 notification by certified mail, return receipt requested, at least 21 working
			 days before the hearing; or
(2)
			 Personally delivering a written notification to the employee at least 5 working
			 days before the hearing, if the Chair approves of such notice.
(c) Render a decision within 45
			 days after the closure of the hearing.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.6951 - Submission of complaint to Employee-Management Committee

Current through June 11, 2024
1. If:
(a)
			 An employee is not satisfied with the response of the department or agency to a
			 request made pursuant to NAC 284.5243, including, without limitation, a
			 reasonable alternative selected in accordance with subsection 2 of NRS
			 281.755;
(b) The department or
			 agency fails to respond to a request made pursuant to NAC 284.5243;
			 or
(c) The employee alleges that
			 the employee was retaliated against in violation of subsection 3 of NRS
			 281.755, the employee may request consideration of a complaint by the Committee
			 pursuant to its rules and this section.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.6952 - Request for resolution conference; appointment of facilitator; effect of request for resolution conference on jurisdiction of Employee-Management Committee; arrangement

Current through June 11, 2024
1. If an employee
			 is not satisfied with the decision rendered by the highest administrator of the
			 department pursuant to NAC
			 284.690 and submits a request for
			 consideration of the grievance by the Committee pursuant to NAC
			 284.695, the employee or the
			 highest administrator or his or her designee may request a resolution
			 conference to meet informally in the presence of a neutral facilitator to
			 discuss the grievance and possible resolutions.
2. If an employee is not satisfied with the
			 response of the department or agency pursuant to NAC 284.5243 and submits a
			 request for consideration of a complaint by the Committee pursuant to NAC
			 284.6951, the employee or the department or agency or a designee thereof may
			 request a resolution conference to meet informally in the presence of a neutral
			 facilitator to discuss the complaint and possible resolutions.
3. Except as otherwise provided in this
			 subsection, a request for a resolution conference may be submitted to the
			 Division at any time after the employee submits his or her request for
			 consideration of the grievance or complaint by the Committee. If the Committee
			 has notified the parties of the date on which it will hold a hearing to
			 consider the grievance or complaint, the request for a resolution conference
			 may not be submitted less than 15 working days before that date.
4. If either party requests a resolution
			 conference, the Division shall appoint a neutral facilitator to conduct the
			 resolution conference and require both parties to participate. The facilitator
			 must not be affiliated with either party.
5. The submission of a request for a
			 resolution conference does not deprive the Committee of jurisdiction to
			 consider the grievance or complaint if:
(a)
			 The parties are unable to reach an agreement for the resolution of the
			 grievance or complaint at the resolution conference;
(b) The parties reach an agreement for the
			 resolution of the grievance or complaint at the resolution conference, but the
			 employee subsequently notifies the Committee that the agreement has failed;
			 or
(c) The Division is unable to
			 arrange a resolution conference as described in subsection 6.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.6955 - Hearing before Employee-Management Committee: Procedure

Current through June 11, 2024
If a hearing is held to determine the proper disposition of a
				grievance pursuant to NAC
				284.695 or of a complaint
				pursuant to NAC 284.6951, the following procedure must be followed:
1. Each party shall submit to the Clerk of
			 the Committee 12 copies of the set of documents and materials to be presented
			 at the hearing or any rescheduled hearing. These copies must be submitted not
			 less than 15 working days before the scheduled date of the hearing. The Clerk
			 of the Committee shall forward one copy of the set of the documents and
			 materials of each party to the other party.
2. If the employee fails to comply with
			 subsection 1, the Chair or a member of the Committee designated by the Chair
			 may reschedule the hearing to the next time designated for such hearings, but
			 in no case earlier than 20 working days after the originally scheduled date of
			 the hearing. If the employer fails to comply with subsection 1, the Chair or a
			 member of the Committee designated by the Chair may reschedule the hearing at
			 his or her discretion. If the employee fails to comply with the provisions of
			 subsection 1 for a rescheduled hearing, the grievance or complaint must be
			 dismissed with prejudice unless he or she can show in writing to the
			 Committee's satisfaction that the reason for noncompliance was beyond his or
			 her control.
3. Each document or
			 material offered in evidence must be marked as follows:
(a) Documents or materials presented by the
			 employee must be marked at the bottom of the page as "Exhibit____" indicated by
			 consecutive Arabic numerals, beginning with the number "1."
(b) Documents or materials presented by the
			 employer must be marked at the bottom of the page as "Exhibit____" indicated by
			 consecutive letters of the English alphabet, beginning with the letter "A." If
			 the employer offers more than 26 exhibits, the 27th exhibit must be marked as
			 "Exhibit AA," the 28th exhibit as "Exhibit BB," and so forth.
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.6957 - Hearing before Employee-Management Committee: Request for continuance or to have grievance or complaint held in abeyance

Current through June 11, 2024
1. A party may request a continuance of a
			 hearing to determine the proper disposition of a grievance pursuant to NAC
			 284.695 or a complaint pursuant
			 to NAC 284.6951, or request to have a grievance or complaint held in abeyance.
			 The party must submit the request to the Clerk of the Committee at least 12
			 working days before the scheduled hearing, unless the party received personal
			 notice of the hearing less than 21 working days before the hearing pursuant to
			 subsection 2 of NAC
			 284.695 or pursuant to subsection
			 4 of NAC 284.6951, in which case he or she may request a continuance as long as
			 the request is made at least 4 working days before the scheduled
			 hearing.
2. The Chair or a member
			 of the Committee designated by the Chair may grant a request for a continuance
			 or a request to have a grievance or complaint held in abeyance if good cause is
			 shown.
Added to NAC by Dep't of Personnel, eff. 3-27-92; A 11-16-95;
				  A by Personnel Comm'n by R076-15, 4-4-2016; R033-17,
				  10-31-2017
NRS 281.755,
				  284.065,
				  284.155,
				  284.384
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.696 - Unlawful discrimination

Current through June 11, 2024
1. An employee
			 alleging unlawful discrimination based on any pertinent state or federal law or
			 regulation may:
(a) Report the alleged
			 discrimination to:
(1) The division of the
			 Division of Human Resource Management that investigates sex- or gender-based
			 harassment and discrimination;
(2)
			 The Attorney General;
(3) The
			 employee's appointing authority;
(4) An equal employment opportunity
			 officer;
(5) A personnel
			 representative of the department in which the employee is employed;
			 or
(6) The office charged with
			 enforcing affirmative action within the appropriate university, state college
			 or community college which is part of the Nevada System of Higher
			 Education;
Nevada Administrative Code › Chapter 284 - State Personnel System › ADJUSTMENT OF CERTAIN GRIEVANCES; COMPLAINTS CONCERNING RIGHTS OF CERTAIN EMPLOYEES TO EXPRESS BREAST MILK UNDER CERTAIN CIRCUMSTANCES › Section 284.697 - When resolution of grievance or complaint becomes binding

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 2, the resolution of a grievance or complaint is binding when:
(a) There is an agreement between the person
			 filing the grievance or complaint and the appointing authority or the
			 designated representative of the employing agency; or
(b) The Committee renders a final
			 decision.
Nevada Administrative Code › Chapter 284 - State Personnel System › PERSONNEL RECORDS › Section 284.702 - Reports of personnel actions

Current through June 11, 2024
1. Each appointing
			 authority shall report promptly to the Division of Human Resource Management
			 such information as required in connection with each appointment, separation
			 from service, other change in position or pay or other matters affecting the
			 status of positions or the performance of duties of employees in the state
			 service.
2. All reports must be
			 prepared in the manner and on the forms prescribed by the Division of Human
			 Resource Management.
3. The
			 Division of Human Resource Management will establish procedures for sending
			 copies of reports and notices to the State Controller without delay of any new
			 positions, new employees and of its approval or disapproval of these
			 actions.
[Personnel Div., Rule XVI § A subsec. 1, eff. 8-11-73] -
				  (NAC A by Dep't of Personnel, 7-1-94; R147-01,
				  1-22-2002)
NRS 284.065,
				  284.155,
				  284.175
Nevada Administrative Code › Chapter 284 - State Personnel System › PERSONNEL RECORDS › Section 284.710 - Order of processing personnel documents

Current through June 11, 2024
Any personnel documents effecting changes in an employee's pay
				and having the identical effective date will be processed in the following
				order:
1. Merit pay
			 increases.
2. Reclassifications or
			 overall adjustments to the compensation plan.
3. Promotions or demotions.
[Personnel Div., Rule XVI § A subsec. 3, eff. 8-11-73] -
				  (NAC A by Dep't of Personnel, 10-26-84; R147-01,
				  1-22-2002)
NRS 284.065,
				  284.155,
				  284.175
Nevada Administrative Code › Chapter 284 - State Personnel System › PERSONNEL RECORDS › Section 284.714 - Official roster: Inspection; contents

Current through June 11, 2024
1. The official
			 roster of employees in the public service maintained by the Division of Human
			 Resource Management is a public record and will be open to inspection under
			 reasonable conditions during business hours in the offices of the Division of
			 Human Resource Management or the offices where the records are kept.
2. Except as otherwise provided in subsection
			 3, the roster must contain, for each employee:
(a) His or her name;
(b) The class title of the position he or she
			 holds;
(c) His or her rate of
			 pay;
(d) Any change in his or her
			 class title, pay or status; and
(e)
			 Other pertinent data as determined by the Administrator.