reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-04 - Applicants, probationary employees, or regular employees may appeal reprisal or discrimination in employment

Current through Supplement No. 393, July, 2024
Applicants for positions classified by human resource
				  management services and probationary or regular employees in classified
				  positions may appeal reprisal or may appeal discrimination in employment
				  because of race, color, religion, sex, national origin, age, genetics, the
				  presence of any mental or physical disability, status with respect to marriage
				  or public assistance, participation in lawful activity off the employer's
				  premises during nonworking hours which is not in direct conflict with the
				  essential business-related interests of the employer, or political opinions or
				  affiliations.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-04.1 - Procedure for applicant appeals of discrimination or reprisal in employment to agency appointing authority

Current through Supplement No. 393, July, 2024
1. An
				applicant who has completed a timely and properly completed application for a
				classified position within an agency and who alleges discrimination or reprisal
				in employment shall file a written appeal to the agency appointing authority.
				The letter of appeal must specify what alleged discriminatory or reprisal
				action against the applicant was taken by the agency. The appeal information
				must be delivered, mailed, or transmitted by electronic means and must be
				received in the office of the agency appointing authority by five p.m. within
				fifteen working days of the alleged discriminatory or reprisal action.
2. The agency appointing authority
				has fifteen working days from the receipt of the appeal to review the appeal
				and provide a written response to the applicant.
3. If the applicant does not agree with the
				response of the agency appointing authority, the applicant may further appeal
				to human resource management services in accordance with section
				4-07-20.2-07.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-05 - Completion of agency grievance process prior to appeal to human resource management services

Current through Supplement No. 393, July, 2024
A probationary or regular employee shall complete the agency
				  grievance process prior to submitting an appeal to human resource management
				  services for an appeal hearing, unless a waiver is granted as provided for in
				  section 4-07-20.2-06. The employee shall
				  begin the agency grievance procedure within fifteen working days from the date
				  of the alleged discriminatory or reprisal action. Failure to begin the
				  procedure within time limitations may cause the employee to lose the right to
				  appeal to human resource management services. The agency appointing authority
				  or designee, for good cause shown, may waive the time limitations for filing a
				  grievance. Good cause means those circumstances that reasonably and without any
				  fault on the part of the grievant prevented the filing of a grievance in a
				  timely fashion. In no event may a grievance be deemed timely after sixty days
				  have elapsed from the date of the employer action. If an agency does not have
				  an established written grievance procedure, the employee shall submit the
				  appeal to human resource management services within fifteen working days from
				  the date of the alleged discriminatory or reprisal action.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-06 - Waiver of agency grievance procedure

Current through Supplement No. 393, July, 2024
A waiver of the agency grievance procedure is allowed by
				  mutual agreement of the probationary or regular employee and appointing
				  authority. The waiver must be signed by both parties within fifteen working
				  days of the alleged discriminatory or reprisal action. Upon obtaining the
				  waiver, the employee may appeal directly to human resource management services
				  in accordance with section
				  4-07-20.2-07.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-21 - Alternative Dispute Resolution › Section 4-07-21-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-21 - Alternative Dispute Resolution › Section 4-07-21-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 54-44.3, except "alternative dispute
				  resolution" means a method of resolving disputes, outside the grievance
				  process, that involves a neutral person to assist in identifying issues,
				  developing options, and arriving at a resolution.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-21 - Alternative Dispute Resolution › Section 4-07-21-03 - Alternative dispute resolution

Current through Supplement No. 393, July, 2024
Alternative dispute resolution may be used to resolve
				  disputes that occur within an agency. All parties involved in the dispute must
				  agree to the use of alternative dispute resolution prior to using the method.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-21 - Alternative Dispute Resolution › Section 4-07-21-04 - Grievance time limits suspended

Current through Supplement No. 393, July, 2024
During the time period when the agency appointing authority
				  and the employee involved in a dispute are utilizing alternative dispute
				  resolution, the time limits of the internal agency grievance procedure must be
				  suspended. If a resolution is not agreed to by the participants at the
				  conclusion of the resolution process, then the time limits of the agency
				  grievance procedure must be activated. The alternative dispute resolution
				  process facilitator shall determine the date of conclusion of the resolution
				  process and notify the parties.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-24 - Merit System Applications and Appeals › Section 4-07-24-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to applicants who apply for positions in
				  agencies covered by the North Dakota merit system and to all agencies,
				  departments, institutions, boards, commissions, and political subdivisions
				  required to comply with standards for a merit system of human resource
				  administration.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-24 - Merit System Applications and Appeals › Section 4-07-24-01.1 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as those in North Dakota Century Code chapter 54-44.3, except "regular
				  employee" means a person who has completed the probationary period and who is
				  or was in a position classified by human resource management services at the
				  time the personnel action occurs.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-24 - Merit System Applications and Appeals › Section 4-07-24-02 - Application for a position

Current through Supplement No. 393, July, 2024
Each application for a position in an agency covered by the
				  North Dakota merit system must be made on an application, supplemental
				  application form, or as otherwise specified by the employing agency.
General Authority: NDCC 54-44.3
Law Implemented: NDCC
					 54-44.3
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-24 - Merit System Applications and Appeals › Section 4-07-24-04 - Application accepted after announced

Current through Supplement No. 393, July, 2024
The employing agency shall accept an application for a
				  position only after it has been announced. An application may not be accepted
				  after the closing date.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-24 - Merit System Applications and Appeals › Section 4-07-24-05 - Investigation of application information

Current through Supplement No. 393, July, 2024
The employing agency may investigate an applicant's training
				  and experience in order to verify the application information provided. If the
				  investigation produces evidence that the applicant falsified information, the
				  employing agency may take any necessary action and notify the applicant of the
				  action.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-24 - Merit System Applications and Appeals › Section 4-07-24-06 - Disapproval and disqualification of applications

Current through Supplement No. 393, July, 2024
Applications may be disapproved or disqualified after review
				  for any of the following reasons:
1.
				If an applicant does not meet the minimum qualifications.
2. If an applicant has made a false statement
				of material fact on the application.
3. If an erroneous approval was made by the
				employing agency.
4. If an
				applicant has used or attempted to use political pressure or bribery to secure
				an advantage in the examination or employment process.
5. If an applicant has directly or indirectly
				obtained information regarding the examination process to which the applicant
				was not entitled.
6. If there are
				other valid reasons to justify the disqualification.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-24 - Merit System Applications and Appeals › Section 4-07-24-07 - Merit system application appeals to the agency appointing authority

Current through Supplement No. 393, July, 2024
1. An applicant who has submitted a timely
				and properly completed application for a position within an agency, department,
				or institution subject to this chapter and who has been determined by the
				employing agency to be disqualified for that position because of failure to
				meet the minimum qualifications, may appeal the disqualification to the agency
				appointing authority.
2. The
				employing agency must notify an applicant who fails to meet the minimum
				qualifications for a position of the applicant's disqualification and right to
				appeal by letter mailed to the applicant's last-known address or transmitted by
				electronic means. If an applicant wishes to appeal the disqualification, the
				applicant shall file a written appeal to the agency appointing authority. The
				appeal must be delivered, mailed, or transmitted by electronic means and must
				be received by the agency appointing authority within fifteen working days from
				the date of notice of the applicant's disqualification. The date of service of
				the notice shall be considered to be the date the notice was mailed or the date
				transmitted by electronic means, or absent proof of the date of mailing or
				delivery through electronic means, the date of actual delivery. The agency
				shall prepare a certificate of service, or provide reliable means, to show
				proof of the date of mailing, transmittal by electronic means, or hand
				delivery. The letter of appeal must specify the basis upon which the applicant
				relies to assert that the applicant meets the minimum qualifications for the
				position.
3. The agency appointing
				authority has fifteen working days from the receipt of the appeal to review the
				appeal and provide a written response to the applicant.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-25 - Merit System Examinations › Section 4-07-25-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all applicants who apply for
				  positions in agencies covered by the North Dakota merit system and to all
				  agencies, departments, institutions, boards, commissions, and political
				  subdivisions required to comply with standards for a merit system of personnel
				  administration.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-25 - Merit System Examinations › Section 4-07-25-02 - Examinations

Current through Supplement No. 393, July, 2024
Examinations may include one or a combination of the
				  following:
1. A rating of training
				and experience.
2. A written
				examination to determine skill or otherwise measure suitability.
3. A performance examination.
4. A pass or fail review.
5. A scored oral interview.
6. Or another appropriate job screening
				technique.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-25 - Merit System Examinations › Section 4-07-25-03 - Conduct of examinations

Current through Supplement No. 393, July, 2024
The employing agency shall conduct all examinations in places
				  convenient for applicants and practicable for administration. The employing
				  agency may make arrangements for the use of various public buildings in order
				  to conduct the examinations.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-25 - Merit System Examinations › Section 4-07-25-04 - Reexamination schedule

Current through Supplement No. 393, July, 2024
An applicant who has taken an examination may retake the
				  examination according to procedures established by the employing agency solely
				  at the agency discretion. The employing agency shall then use the highest of
				  the examination scores.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-25 - Merit System Examinations › Section 4-07-25-05 - Notice of final status

Current through Supplement No. 393, July, 2024
The employing agency shall notify an applicant who applies
				  for a job vacancy of the applicant's final status in writing.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-25 - Merit System Examinations › Section 4-07-25-05.1 - Exception

Current through Supplement No. 393, July, 2024
If an agency has a contract with job service North Dakota,
				  only those applicants referred to the agency by job service must be notified of
				  their final status in writing.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-25 - Merit System Examinations › Section 4-07-25-06 - Correcting an error

Current through Supplement No. 393, July, 2024
The employing agency shall promptly take action, upon
				  notification, to correct an error made by the agency in any part of the
				  examination process. The agency shall notify an applicant in writing of any
				  corrective action taken.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-28 - Merit System Employment Status › Section 4-07-28-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all applicants who apply for
				  positions in agencies covered by the North Dakota merit system and to all
				  agencies, departments, institutions, boards, commissions, and political
				  subdivisions required to comply with standards for a merit system of personnel
				  administration.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-28 - Merit System Employment Status › Section 4-07-28-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 54-44.3 except:
1. "Emergency status" means a category of employment that
				  applies to an individual employed as a result of unusual or unexpected
				  conditions without regard to the normal open, competitive selection process and
				  the duration of the employment does not exceed ninety working days.
2. "Internal applicant" means an employee who has regular,
				  probationary, temporary merit system employment status within an agency; a
				  previous employee who is eligible for reinstatement to an agency; or an
				  individual who has completed a documented internship with the agency within the
				  past two years.
3. "Merit system exempt status" means a category of
				  employment that applies to an individual employed in a nonclassified position
				  without regard to the normal open, competitive selection process such as with
				  seasonal or time-limited programs and for appointed officials.
4. "Probationary status" means a category of employment that
				  applies to an individual employed in a classified position, who was selected
				  for a position on an open, competitive basis and who has not yet completed the
				  initial probationary period.
5. "Regular status" means a category of employment that
				  applies to an individual employed in a classified position, who was selected
				  for a position on an open, competitive basis and who has successfully completed
				  a six-month or longer probationary period.
6. "Temporary status" means a category of employment that
				  applies to an individual who was selected for a position on an open,
				  competitive basis and is employed in a position that is specified as
				  time-limited in duration.
General Authority: NDCC 54-44.3
Law Implemented: NDCC
					 54-44.3
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-28 - Merit System Employment Status › Section 4-07-28-03 - Merit system employment status - Exceptions

Current through Supplement No. 393, July, 2024
Each employee of a merit system agency shall be assigned
				  employment status to one of the categories defined in section
				  4-07-28-02.
General Authority: NDCC 54-44.3
Law Implemented: NDCC
					 54-44.3
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-28 - Merit System Employment Status › Section 4-07-28-04 - Extension of merit system coverage

Current through Supplement No. 393, July, 2024
If merit system coverage is extended to a program or agency,
				  examination requirements, if applicable, are waived and each employee must be
				  granted merit system employment status as follows:
1. An employee who meets the minimum
				qualifications for the class and who has successfully completed a probationary
				period must be granted regular status.
2. An employee who meets the minimum
				qualifications for the class but who has not completed a probationary period
				must be granted probationary status. The employee may obtain regular status
				upon successful completion of the probationary period.
3. An employee who does not meet the minimum
				qualifications for the class must be considered as in a merit system exempt
				status until the employee meets the minimum qualifications. The employee may
				obtain regular status when the employee meets the minimum qualifications.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34 - Merit System Oversight and Audit Procedures › Section 4-07-34-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all agencies covered by the North
				  Dakota merit system and to all agencies, departments, institutions, boards,
				  commissions, and political subdivisions required to comply with standards for a
				  merit system of personnel administration.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34 - Merit System Oversight and Audit Procedures › Section 4-07-34-03 - Oversight and audit procedures

Current through Supplement No. 393, July, 2024
Human resource management services shall conduct annual
				  audits or oversight reviews of the policies, procedures, and practices for the
				  following purposes:
1. To ensure
				compliance with the federal merit system principles.
2. To respond to any complaint relating to an
				agency's recruitment, selection, or employment procedures.
The reviews may include a periodic or selective audit of
				  payroll records, personnel records, or other employment-related records. Human
				  resource management services shall provide a notice of ten working days prior
				  to an audit or oversight review, unless the audit or review is the result of a
				  complaint provided for in subsection 2.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34.1 › Section 4-07-34.1-01

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34.1 › Section 4-07-34.1-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34.1 › Section 4-07-34.1-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34.1 › Section 4-07-34.1-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC 14-02.4,
					 54-44.3-12
Law Implemented: NDCC 14-02.4,
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34.1 › Section 4-07-34.1-05

Current through Supplement No. 393, July, 2024
General Authority: NDCC 14-02.4,
					 54-44.3-12
Law Implemented: NDCC 14-02.4,
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34.1 › Section 4-07-34.1-06

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-34.1 › Section 4-07-34.1-07

Current through Supplement No. 393, July, 2024
General Authority: NDCC 14-02.4,
					 54-44.3-12
Law Implemented: NDCC 14-02.4,
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-35 - Severability › Section 4-07-35-01 - Severability

Current through Supplement No. 393, July, 2024
If any provision of article 4-07 or application thereof to
				  any person or circumstances is held invalid, such invalidity may not affect
				  other provisions or applications of 4-07 which can be given effect without the
				  invalid provision or application. The rules of 4-07 are declared to be
				  severable.
General Authority: NDCC 54-44.3
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-36 - Training and Tuition Reimbursement › Section 4-07-36-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-36 - Training and Tuition Reimbursement › Section 4-07-36-02 - Payment of training and tuition

Current through Supplement No. 393, July, 2024
An appointing authority may adopt policies to provide
				  training and educational opportunities to its employees to learn new required
				  skills or to enhance their current skills, to increase the opportunity for
				  advancement within the agency or state service, to increase proficiency and
				  productivity, and to improve work performance.
Costs of training or educational courses, including tuition
				  and fees, may be paid for, within budgetary constraints, by the agency or
				  reimbursed to the employee in accordance with agency policy.
An employee who leaves employment with the state within two
				  years of receiving the tuition must repay the tuition received on a prorated
				  basis.
General Authority:
NDCC
					 54-44.3-12
Law Implemented:
NDCC
					 54-06-33,
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-37 - Shared Leave › Section 4-07-37-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all permanent state employees.
				  Independent programs consistent with the human resource management services
				  division program may be administered for state judiciary, legislative, and
				  North Dakota university system employees.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-06-14.7
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-37 - Shared Leave › Section 4-07-37-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapters 54-06, 54-44.3, and 54-52.4,
				  except:
1. "Eligible employee" means a
				permanent state employee with over six months continuous service with the
				state. It does not include employees in probationary status or employees on
				temporary or other limited term appointments.
2. "Annual leave" means an approved absence
				from work with pay, as defined in section
				4-07-12-02.
3. "Sick leave" means an approved absence
				from work with pay, for use in accordance with section
				4-07-13-07.
4. "Eligible family member" means the
				employee's spouse, parent (natural, adoptive, foster, and stepparent), child
				(natural, adoptive, foster, and stepchild), or any other family or household
				member who is financially or legally dependent upon the employee or who resides
				with the employee for the purpose of the employee providing care to the family
				member.
5. "Serious" or
				"extraordinary" means severe, extreme, or life threatening. These terms do not
				include conditions associated with normal pregnancy.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-06-14.7
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-37 - Shared Leave › Section 4-07-37-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapters 54-06, 54-44.3, and 54-52.4,
				  except:
1. "Annual leave" means an
				approved absence from work with pay, as defined in section 4-07-12-02.
2. "Eligible employee"
				means a permanent state employee. It does not include employees on temporary or
				other limited term appointments.
3.
				"Eligible family member" means the employee's spouse, parent (natural,
				adoptive, foster, and stepparent), child (natural, adoptive, foster, and
				stepchild), or any other family or household member who is financially or
				legally dependent upon the employee or who resides with the employee for the
				purpose of the employee providing care to the family member.
4. "Serious" or "extraordinary" means severe,
				extreme, or life threatening. These terms do not include conditions associated
				with normal pregnancy.
5. "Sick
				leave" means an approved absence from work with pay, for use in accordance with
				section 4-07-13-07.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-06-14.7
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-37 - Shared Leave › Section 4-07-37-03 - Administration of statewide leave sharing program

Current through Supplement No. 393, July, 2024
The human resource management services division of the office
				  of management and budget shall administer a state leave sharing program for
				  permanent state employees. The program provides a mechanism for eligible
				  employees to donate accrued annual and sick leave to an eligible employee who
				  does not have available leave who is suffering from a serious or extraordinary
				  illness, injury, impairment, or physical or mental condition. State employees
				  also may donate accrued annual leave to another eligible employee who does not
				  have available leave and who is caring for an eligible family member who is
				  suffering from a serious or extraordinary illness, injury, impairment, or
				  physical or mental condition.
The human resource management services division shall approve
				  or disapprove each request for donated leave after consultation with the
				  requesting eligible employee's agency administrator. The division shall track
				  the amount of leave taken by eligible employees under the program.
All forms of leave available for use by the recipient must be
				  used before using shared leave. Donated leave must be credited to the eligible
				  employee in increments that may not exceed one month. An eligible employee may
				  not use more than four months donated leave in any twelve-month period, and an
				  eligible employee may not retain leave beyond the occurrence necessitating the
				  leave. Leave that has been donated but remains unused beyond the qualifying
				  occurrence must be returned to the donating employee.
All donated leave must be given voluntarily. An eligible
				  employee may not donate more than five percent of the eligible employee's
				  accrued sick leave hours per month. An eligible employee's donation of annual
				  leave may not reduce their annual leave balance to less than forty hours. All
				  leave must be donated in full-hour increments.
An eligible employee may request and use donated annual leave
				  or sick leave for the purpose of donating an organ or bone marrow.
An employee who has received a documented verbal or written
				  warning for inappropriate use of annual or sick leave will not be eligible to
				  receive donated leave without specific approval from the director of the human
				  resource management services division.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-06-14.7
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-37 - Shared Leave › Section 4-07-37-04 - Policy on qualifying medical conditions

Current through Supplement No. 393, July, 2024
The human resource management services division shall
				  maintain and consistently administer criteria for qualifying serious or
				  extraordinary conditions based on best practices. For each shared leave
				  request, the division shall require medical certification from a physician,
				  physician assistant, psychologist, or advanced practice nurse practitioner
				  verifying the severe or extraordinary nature of the medical condition and the
				  expected duration of the condition. Requests for donated leave may not be
				  considered without this specific documentation.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-06-14.7
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-38 - Family Medical Leave › Section 4-07-38-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management
				  services.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-52.4
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-38 - Family Medical Leave › Section 4-07-38-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapters 54-06, and 54-44.3, except:
1. "Employee" means a state employee, who has
				been employed by the employer for at least twelve months, and who has worked at
				least one thousand two hundred fifty hours for the employer over the previous
				twelve months.
2. "Employer" means
				the state but does not include any political subdivision of the
				state.
3. "Intermittently" means
				leave taken in separate periods of time due to a single illness or injury,
				rather than for one continuous period of time, and may include leave of periods
				from an hour or more to several weeks.
4. "Rolling twelve-month period" means the
				twelve-month period measured backward from the date an employee uses any family
				medical leave.
5. "Serious health
				condition" means a disabling physical or mental illness, injury, impairment, or
				condition involving:
a. Inpatient care in a
				hospital, long-term care facility, or hospice program; or
b. Outpatient care that requires continuing
				treatment by a health care provider.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-38 - Family Medical Leave › Section 4-07-38-03 - Uses of family medical leave

Current through Supplement No. 393, July, 2024
1. An employee may
				request family medical leave of absence consistent with North Dakota Century
				Code section 54-52.4-02.
2. An
				employee may take family medical leave, for any combination of reasons, in any
				rolling twelve-month period for not more than twelve workweeks, except when
				leave is under subdivision f of subsection 1 of North Dakota Century Code
				section 54-52.4-02, the employee is limited to a combined twenty-six workweeks
				of leave in any rolling twelve-month period and is limited to once per service
				member or veteran per serious injury or illness. When medically necessary,
				employees may take family medical leave intermittently or on a reduced work
				schedule for their own serious health condition, the serious health condition
				of a family member, or to care for a covered service member with a serious
				injury or illness.
3. An employee
				and spouse who work for the same employer are entitled to a combined total of
				twelve weeks of family medical leave if taken under subdivisions a through e of
				subsection 1 of North Dakota Century Code section 54-52.4-02 and a combined
				total of twenty-six weeks of family medical leave if taken under subdivision f
				of subsection 1 of North Dakota Century Code section 54-52.4-02.
4. Family medical leave runs concurrently
				with all other available leave including paid or donated leave.
5. During a period that an employee takes
				family medical leave, the employer shall continue any group health insurance
				coverage for its employees and their dependents available to the employee under
				the conditions that applied immediately before the family medical leave
				began.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-52.4
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-01 - Risk Management Motor Vehicle Accident Review Board › Section 4-11-01-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "Accident" means an unintended event involving a
				  state-owned or state-leased vehicle which produces injury or damage. The word
				  "injury" includes personal injury, death, or property damage.
2. "Board" means the risk management motor vehicle accident
				  review board.
3. "Corrective actions" means corrective actions recommended
				  by the department or board when an accident is classified as preventable.
				  Recommendations may include:
a. Additional training be provided to the operator, such as
				  driver training, defensive driving training, or emergency vehicle operational
				  training;
b. Physical, eye, written, or operational examinations be
				  given to the operator to identify problem areas relevant to the operator if a
				  review of the accident indicates that the cause may have been due to an
				  impairment;
c. Restricted operation of state-owned or state-leased
				  vehicles on state business; and
d. Duty assignment not requiring operation of a vehicle on
				  state business.
4. "Defensive driving concept" means driving that saves
				  lives, time, and money in spite of the conditions and the actions of others.
5. "Department" means the department of transportation.
6. "Nonpreventable accident" means the operator acted
				  reasonably to prevent the occurrence.
7. "Operator" means a state employee driving a state-owned or
				  state-leased vehicle involved in an accident. "State employee" means every
				  present or former officer or employee of the state or any person acting on
				  behalf of the state in an official capacity, temporarily or permanently, with
				  or without compensation. The term does not include an independent contractor.
8. "Personal injury" includes bodily injury, mental injury,
				  sickness, or disease sustained by a person and injury to a person's rights or
				  reputation.
9. "Preventable accident" means the operator did not act
				  reasonably to prevent the occurrence.
10. "Property damage" includes injury to or destruction of
				  tangible or intangible property.
11. "Reportable state fleet vehicle accident" means any
				  accident that results in injury due to the operation of a state-owned or
				  state-leased licensed motor vehicle.
12. "Significant property damage" includes any damage that
				  renders the vehicle inoperable and damage of a nature or extent in which injury
				  to an occupant might reasonably have occurred.
General Authority: NDCC
					 28-32-02,
					 32-12.2-14
Law Implemented: NDCC
					 32-12.2-14
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-01 - Risk Management Motor Vehicle Accident Review Board › Section 4-11-01-02 - Purpose

Current through Supplement No. 393, July, 2024
The 1999 North Dakota legislative assembly established the
				  board to review certain reportable state-owned or state-leased vehicle
				  accidents to improve traffic safety and driver training and to reduce the
				  number of traffic accidents.
General Authority: NDCC
					 28-32-02,
					 32-12.2-14
Law Implemented: NDCC
					 32-12.2-14
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-01 - Risk Management Motor Vehicle Accident Review Board › Section 4-11-01-03 - Composition and responsibilities

Current through Supplement No. 393, July, 2024
1.
				Composition:
a. The board consists of five
				voting members. Of those five members, three are ex officio permanent members
				and two are members who serve two-year terms.
b. The three ex officio permanent board
				members are:
(1) The director of the
				department of transportation or the director's designee, who is chairperson.
(2) The director of the office of
				management and budget or the director's designee.
(3) The superintendent of the highway patrol
				or the superintendent's designee.
c. The two nonpermanent board members are
				at-large designees selected by the three ex officio permanent board members.
				Criteria for selection of the nonpermanent board members include the total
				number of miles a potential nonpermanent board member's agency's personnel
				operate state-owned or state-leased fleet vehicles and that agency's accident
				rates.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-01 - Risk Management Motor Vehicle Accident Review Board › Section 4-11-01-04 - Operating procedures

Current through Supplement No. 393, July, 2024
1. The board will
				meet on a quarterly basis, or at the call of the chairperson according to need.
2. No meeting will be convened
				unless three board members are present. An affirmative vote of at least three
				board members is required for board action or recommendation.
3. The board will afford the operator a
				reasonable opportunity to explain the circumstances surrounding the accident,
				including anything the operator believes contributed to its cause. The operator
				may present written evidence relative to the accident.
4. In making its decision, the board shall
				use the definitions of preventable accident and nonpreventable accident in
				section 4-11-01-01. All decisions must be
				made without prejudice or bias and must be based solely on facts presented
				through reports submitted or testimony given to the board. Decisions must be
				based on general guidelines of the defensive driving concept as defined in
				section 4-11-01-01.
5. If the board finds an accident
				preventable, it shall recommend corrective actions to the head of the agency
				employing the operator. The recommendations may include the corrective actions
				in section 4-11-01-01. It is the employing
				agency head's responsibility to decide what corrective actions will be
				implemented.
6. Board records must
				contain the decision and be kept on file with the department for a period of
				three years following the year in which the accident occurred.
7. The board shall issue to the operator and
				the operator's agency head a notification, in writing, of the board's decision
				within seven business days of the date of the decision.
a. This notification must advise the operator
				of the right to request reconsideration of the decision.
b. If the accident is classified as
				preventable and the board recommends any type of corrective action as a result,
				the notification must include:
(1) The
				classification;
(2) The
				recommended corrective actions; and
(3) The operator's right to request the board
				to reconsider its decision.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-11 - Risk Management › Chapter 4-11-01 - Risk Management Motor Vehicle Accident Review Board › Section 4-11-01-05 - Board designation as loss control committee

Current through Supplement No. 393, July, 2024
The board is a state agency loss control committee under
				  North Dakota Century Code section
				  32-12.2-12. All of the board's
				  records, meetings, and current or former members and all participants providing
				  any verbal or written information to the board are entitled to the rights
				  against production of records or testimony contained in that section.
General Authority: NDCC
					 28-32-02,
					 32-12.2-14
Law Implemented: NDCC
					 32-12.2-14