reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-01 - Basic Requirements › Section 3-03-01-04 - Exceptions

Current through Supplement No. 393, July, 2024
The board will consider exceptions to the continuing
				  education requirements for reasons including military service, foreign
				  residency, retirement, and circumstances beyond the accountant's reasonable
				  control. Nonresident accountants are exempt from the requirements of  article 3-03 if they verify that they meet the continuing education requirements of
				  their jurisdictions of residence, provided the board considers those continuing
				  education requirements to be substantially equivalent to those of this state.
				  Nonresident accountants practicing public accountancy in North Dakota must meet
				  the public practice continuing education requirements of their jurisdictions of
				  residence.
General Authority:
NDCC 43-02.2-03
Law Implemented:
NDCC 43-02.2-03,
					 43-02.2-04.1
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-02 - Qualified Programs › Section 3-03-02-01 - General determination

Current through Supplement No. 393, July, 2024
The overriding consideration in determining if a specific
				  program qualifies as a continuing education program is if it is a formal
				  program of learning which contributes directly to professional competence. The
				  program must also meet the specifications delineated below.
General Authority:
NDCC 43-02.2-03
Law Implemented:
NDCC
					 43-02.2-03
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-02 - Qualified Programs › Section 3-03-02-02 - Formal programs

Current through Supplement No. 393, July, 2024
1. Formal programs
				requiring class attendance may qualify only if:
a. An outline is prepared in advance and is
				preserved;
b. The program is at
				least one-fifth continuing education credit-hour in length;
c. The program is conducted by a qualified
				instructor; and
d. A record of
				attendance is maintained.
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-02 - Qualified Programs › Section 3-03-02-05 - Board may seek assistance

Current through Supplement No. 393, July, 2024
The board may look to other organizations or individuals for
				  assistance in interpreting the acceptability of, and credit to be allowed for,
				  individual continuing education courses.
General Authority:
NDCC 43-02.2-03
Law Implemented:
NDCC
					 43-02.2-03
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-03 - General Information › Section 3-03-03-01 - Coverage of requirement

Current through Supplement No. 393, July, 2024
In order to enter public practice either full time or part
				  time in North Dakota, an accountant must meet the continuing education
				  requirements as specified in section
				  3-03-01-01
				  and may be required to furnish evidence of familiarity with current procedures
				  and practices in the service areas they intend to practice.
General Authority:
NDCC 43-02.2-03
Law Implemented:
NDCC 43-02.2-03,
					 43-02.2-04
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-03 - General Information › Section 3-03-03-02.1 - Temporary practice

Current through Supplement No. 393, July, 2024
The board may allow the temporary practice of public
				  accounting and use of the CPA or LPA credential, if the CPA or LPA has acquired
				  at least sixty credit-hours of approved continuing education within the
				  preceding three years and agrees in writing to complete, within one year, the
				  remaining continuing education credit-hours necessary to total one hundred
				  twenty credit-hours. If the remaining continuing education credit-hours are not
				  completed within the one year, the CPA or LPA must immediately cease practicing
				  public accounting and using the CPA or LPA credential.
General Authority:
NDCC 43-02.2-03
Law Implemented:
NDCC 43-02.2-03,
					 43-02.2-04
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-03 - General Information › Section 3-03-03-04 - Documentation

Current through Supplement No. 393, July, 2024
Formal evidence of course attendance or completion, and
				  written records of course sponsorships, titles, dates, times, locations, and
				  instructors must be provided, as required by the board by accountants for all
				  continuing education credit claimed.
All documentations must be maintained for a period of at
				  least five calendar years beyond the year of participation.
General Authority:
NDCC 43-02.2-03,
					 43-02.2-04
Law Implemented:
NDCC 43-02.2-03,
					 43-02.2-04
North Dakota Administrative Code › Title 3 - Accountancy, Board of › Article 3-03 - Continuing Education › Chapter 3-03-03 - General Information › Section 3-03-03-05 - Compliance monitors

Current through Supplement No. 393, July, 2024
Continuing education reporting forms filed by individuals
				  must be examined annually by the state board of accountancy or an appointed
				  agent thereof, to confirm eligibility of credit-hours claimed. Individuals
				  claiming ineligible credit-hours will be notified, and the credit-hours will be
				  disqualified. Flagrant violations of reporting standards, and situations where
				  bad faith in compliance appears likely, will be reviewed for possible action as
				  noncompliance.
General Authority:
NDCC 43-02.2-03,
					 43-02.2-04
Law Implemented:
NDCC 43-02.2-03,
					 43-02.2-04
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-01 - General Administration › Chapter 4-01-01 - Organization of Office › Section 4-01-01-01 - Organization and functions of the office of management and budget

Current through Supplement No. 393, July, 2024
1.
Organization of office.
a. History. The 1941 legislative assembly
				appointed a governmental survey commission to study the field of governmental
				reorganization and make recommendations. Among the recommendations was a single
				agency to handle the state's fiscal affairs. That study was reviewed by
				directive of the 1957 legislative assembly. The 1959 legislative assembly
				established the department of accounts and purchases to become operative in
				1961. In 1981 the agency became the office of management and budget. The
				director is appointed by and serves at the will of the governor. As agency
				head, the director is vested with control and supervision of the fiscal
				administration of the executive branch of state government.
b. Divisions. Within the office of management
				and budget are six divisions:
(1)
				Administration.
(2) Fiscal
				management.
(3) Human resource
				management services.
(4) Central
				services.
(5) Facility
				management.
(6) Risk
				management.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-01 - Organization of Human Resource Management Services › Section 4-07-01-02 - Organization and functions subject to chapter 28-32

Current through Supplement No. 393, July, 2024
The portions of human resource management services'
				  organization and functions that are subject to North Dakota Century Code
				  chapter 28-32 are those that involve its authority to adopt policies and rules
				  relating to a unified system of personnel administration which impose
				  requirements on other agencies. Human resource management services has the
				  authority to adopt policies, rules, and procedures in three areas:
1. Subsection 1 of North Dakota Century Code
				section 54-44.3-12 provides the authority
				to establish general policies, rules, and regulations which are binding on the
				agencies affected, including those grant-aided agencies that receive federal
				funds. The rules referred to in this regard must ensure fairness, enhance
				greater uniformity in personnel management matters, and include rules on
				establishing and maintaining the classification and compensation plans.
2. Subsection 7 of North Dakota
				Century Code section
				54-44.3-12 provides the authority
				to develop procedures that must be followed by all state agencies and
				institutions regarding salary administration for all employees in the
				classified service.
3. Subsection
				13 of North Dakota Century Code section
				54-44.3-12 provides the authority
				for the director of human resource management services to adopt rules, subject
				to the approval of the board, to ensure compliance with and resolve compliance
				issues relating to agencies required by state or federal law or rule to be
				subject to a merit personnel system.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12(1),
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-01 - Organization of Human Resource Management Services › Section 4-07-01-03 - Methods the public may use to obtain information

Current through Supplement No. 393, July, 2024
The public may obtain information, furnish information, or
				  make requests to human resource management services concerning any of its
				  functions or rules by writing to hrms@nd.gov or telephone inquiries may be made
				  by calling 701-328-3290 between eight a.m. and five p.m. Monday through
				  Friday.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC 54-44.3-01,
					 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 4-07-02 - Salary Administration Procedures › Section 4-07-02-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state agencies, departments,
				  institutions, and boards and commissions that employ individuals in positions
				  classified by human resource management services, except those agencies headed
				  by an elected official, and except those institutions in the university system.
				  Elected officials and institutions in the university system may, at their
				  option, agree to the application of chapter 4-07-02 to their specific agency.
				  Sections 4-07-02-05,
				  4-07-02-06,
				  4-07-02-12, and
				  4-07-02-17 apply to local
				  government agencies that employ individuals in positions classified by human
				  resource management services.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1),
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-03 - Purpose of chapter

Current through Supplement No. 393, July, 2024
The purpose of this chapter is to ensure that the salaries of
				  classified employees are paid in a manner consistent with the state's
				  classification plan, its compensation plan, and its salary administration
				  policy.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1),
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-04 - Relationship to available funds

Current through Supplement No. 393, July, 2024
All salary actions under this chapter are subject to the
				  availability of appropriated funds. No person may take a salary action under
				  this chapter if it were to cause an agency to exceed its budget authorization.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1),
					 54-44.3-12(7),
					 54-44.3-12.1,
					 54-44.3-15
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-05 - Salaries must be within the assigned salary range

Current through Supplement No. 393, July, 2024
Human resource management services shall assign a pay grade
				  and a salary range to each approved class in the classification plan. Unless
				  otherwise provided by human resource management services, the salary level of a
				  classified employee must be within the assigned salary range.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1),
					 54-44.3-12(7),
					 54-44.3-15
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-06 - Exceptions

Current through Supplement No. 393, July, 2024
Exceptions to the requirements of chapter 4-07-02 normally
				  require prior written approval from the director of human resource management
				  services. In emergency situations exceptions may be provided verbally.
				  Appointing authorities shall describe their justification for the exception and
				  the impact that denying the exception would have on the agency or the state.
				  Written documentation in justification of the exception must be provided by the
				  appointing authority at the earliest practical time following a verbal
				  approval.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12(1),
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-07 - General salary increase

Current through Supplement No. 393, July, 2024
A general salary increase must be provided in accordance with
				  any specific guidelines or requirements as appropriated by the legislative
				  assembly.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-08 - Hiring rate

Current through Supplement No. 393, July, 2024
When establishing an entry salary, an appointing authority
				  should consider the employee's job-related qualifications, the agency's ability
				  to recruit qualified employees, the overall relationship of state employees'
				  salaries to market salaries, and internal equity with existing employees'
				  salaries. In determining a starting salary for an applicant who is a current
				  employee of another state agency, an appointing authority also should consider
				  equity between the state agencies.
General Authority:
NDCC 54-44.3-12(1)
Law Implemented:
NDCC 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-10 - Probationary increase

Current through Supplement No. 393, July, 2024
An appointing authority may grant an increase of up to five
				  percent upon an employee's successful completion of a probationary period. The
				  size of the increase may vary depending on factors that include performance,
				  internal equity, and budget appropriations.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-11 - Responsibility level or workload increase

Current through Supplement No. 393, July, 2024
An appointing authority may grant a responsibility level or
				  workload salary increase if all of the following requirements are met:
1. The increase does not exceed twenty
				percent per biennium for an employee.
2. Consideration is given to the effect
				granting the increase would have on internal equity.
3. The change in workload or responsibility
				is documented and on file within the agency.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-12 - Reclassification adjustment

Current through Supplement No. 393, July, 2024
An appointing authority may make an adjustment to a salary as
				  a result of a reclassification according to the following:
1. If the pay grade is higher following a
				reclassification action, then an increase up to five percent above the minimum
				of the new salary range may be provided. The salary must be at least equivalent
				to the minimum of the new salary range.
2. If the pay grade is lower following a
				reclassification action, then either of the following apply:
a. The employee's salary may remain the same
				if it is within the lower salary range.
b. The employee's salary may be reduced to
				within the lower range to equitably relate to the salaries of other employees
				in the same or related classes.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-13 - Promotional increase

Current through Supplement No. 393, July, 2024
An appointing authority may grant a salary increase when an
				  employee is promoted, if all of the following requirements are met:
1. The employee must be paid at least the
				minimum of the new salary range.
2. Consideration must be given to the
				internal salary relationships that would exist in the agency if the increase
				were to be given.
3. The magnitude
				of the change in jobs is considered.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-14 - Performance increase

Current through Supplement No. 393, July, 2024
An appointing authority may grant an increase for performance
				  if all of the following requirements are met:
1. A proper performance appraisal process is
				used by the agency pursuant to chapter 4-07-10.
2. The increase does not exceed five percent
				in any twelve-month period for an employee.
3. Consideration is given to internal salary
				equity of other agency employees.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-15 - Equity increase

Current through Supplement No. 393, July, 2024
An appointing authority may grant an equity increase if all
				  of the following requirements are met:
1. The increase does not exceed twenty
				percent per biennium for an employee.
2. At the time the increase is granted,
				documentation must be submitted to human resource management services that
				includes all of the following:
a. A
				definition of the inequity.
b. An
				explanation of what created the inequity.
c. A statement that an additional inequity
				will not result.
d. The relevant
				available market data in cases of external equity.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-16 - Temporary increase

Current through Supplement No. 393, July, 2024
An appointing authority may grant a temporary increase if all
				  of the following requirements are met:
1. An increase may not be given for a
				temporary situation of less than thirty days.
2. An employee may not continue to receive a
				temporary increase for more than thirty days after the special circumstances
				ceased to exist.
3. Consideration
				is given to the magnitude of the change in responsibility level.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-17 - Adjustment following assignment to a lower pay grade

Current through Supplement No. 393, July, 2024
When an employee is assigned to a position at a lower pay
				  grade, and the employee's salary is above the maximum of the new grade, then
				  either of the following may result:
1. The salary may remain above the new
				maximum when the assignment results from a program change, reorganization, or
				other management need not associated with the employee's performance. No
				further increases may be granted as long as the salary remains above the
				maximum.
2. The salary may be
				reduced to at least the maximum of the new range if the assignment resulted
				from substandard performance or other disciplinary reasons.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(7)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-02 - Salary Administration Procedures › Section 4-07-02-18 - Bonuses

Current through Supplement No. 393, July, 2024
A recruitment, retention, or performance bonus may be
				  provided according to North Dakota Century Code chapters 54-06-30 and 54-06-31.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-06-31,
					 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 4-07-02 - Salary Administration Procedures › Section 4-07-02-19 - Recruitment bonus

Current through Supplement No. 393, July, 2024
A recruitment bonus may be provided by an agency if the
				  employee receiving the bonus was not employed by a state agency immediately
				  preceding employment with the hiring agency, except when a recruitment bonus is
				  provided to an employee for a referral program outlined in the agency's
				  recruitment policy. If application of this rule would result in significant
				  impact on the agency or negative fiscal consequences to the state, an exception
				  may be sought under section
				  4-07-02-06.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-06-31,
					 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 4-07-02 - Salary Administration Procedures › Section 4-07-02-20 - Retention bonus

Current through Supplement No. 393, July, 2024
A retention bonus may be given as an incentive to retain an
				  employee in state government unless the employee is leaving to work for another
				  state agency. If application of this rule would result in significant impact on
				  the agency or negative fiscal consequences to the state, an exception may be
				  sought under section
				  4-07-02-06.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-06-31,
					 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 4-07-02 - Salary Administration Procedures › Section 4-07-02-21

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-06-30
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-03 - Classification Plan › Section 4-07-03-01 - 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,
					 54-44.3-20
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 4-07-03 - Classification Plan › Section 4-07-03-02 - 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 and section
				  4-07-02-01.
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 4-07-03 - Classification Plan › Section 4-07-03-03 - Official class title

Current through Supplement No. 393, July, 2024
The official class title must be used to designate positions
				  or employees when entering such information on payroll and personnel records,
				  or in other communications related to human resource administration processes.
				  However, any suitable or working title to designate persons or positions may be
				  used.
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 4-07-03 - Classification Plan › Section 4-07-03-04 - Interpretation of class descriptions

Current through Supplement No. 393, July, 2024
Class descriptions represent the duties typical of the class.
				  Neither an appointing authority nor an employee may interpret class
				  descriptions as restrictive, except for the specified minimum qualification
				  requirements. The inclusion of particular phrases in the descriptions that list
				  the duties performed may not be interpreted to exclude other duties of a
				  similar kind and quality. An appointing authority may, at any time, require an
				  employee to perform any of the duties that are in the class descriptions or any
				  other appropriate duties.
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 4-07-03 - Classification Plan › Section 4-07-03-05 - Classification or reclassification request

Current through Supplement No. 393, July, 2024
A request to have a position reviewed for classification or
				  reclassification must be submitted by the appointing authority to human
				  resource management services for review, if at least one of the following
				  reasons apply:
1. A new position has
				been authorized.
2. A significant
				amount of responsibilities are newly assigned, reassigned, or changed for a
				position.
3. A position is
				classified in a class or class series that has been revised and the duties and
				responsibilities assigned to the position are no longer appropriate to the
				assigned class or class series.
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 4-07-03 - Classification Plan › Section 4-07-03-06 - Information and forms required

Current through Supplement No. 393, July, 2024
A classification or reclassification request must be
				  submitted to human resource management services using the designated forms with
				  all required information and supplemental documents attached.
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 4-07-03 - Classification Plan › Section 4-07-03-06.1 - Certain classification decisions may be delegated

Current through Supplement No. 393, July, 2024
Human resource management services may delegate to an agency
				  the responsibility for decisions on certain position classification
				  assignments. Decisions are limited to those classes as specified by the
				  division.
General Authority:
NDCC
					 54-44.3-12(1)
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 4-07-03 - Classification Plan › Section 4-07-03-07 - An employee may request a review

Current through Supplement No. 393, July, 2024
An employee may request that an appointing authority submit
				  the employee's position to human resource management services for review if the
				  employee demonstrates that one of the reasons in section
				  4-07-03-05 applies to the
				  employee's position. An appointing authority shall consider an employee's
				  request to submit the employee's position to human resource management services
				  for review. The appointing authority shall, within sixty calendar days,
				  determine if any of the reasons in section
				  4-07-03-05 apply. If none of the
				  reasons apply, the appointing authority shall notify the employee the request
				  will not be submitted to 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 4-07-03 - Classification Plan › Section 4-07-03-09.1 - Human resource management services may initiate a classification review

Current through Supplement No. 393, July, 2024
If human resource management services becomes aware of a
				  potentially inappropriate classification assignment, the division may initiate
				  a classification review and request updated documentation of the position.
General Authority: NDCC
					 54-44.3-12(1)
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 4-07-03 - Classification Plan › Section 4-07-03-09.2 - Correcting class evaluation interpretation in consistencies

Current through Supplement No. 393, July, 2024
Human resource management services may correct
				  inconsistencies in class evaluations as related evaluation interpretations
				  occur. If revisions result in grade changes, human resource management services
				  shall notify affected employees and appointing authorities of the proposed
				  change and provide an opportunity to submit related documentation. After review
				  of any documentation received, human resource management services shall provide
				  notification as provided in section
				  4-07-04-09.
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 4-07-03 - Classification Plan › Section 4-07-03-10 - Classification process and notifications

Current through Supplement No. 393, July, 2024
Upon receipt of a classification or reclassification request,
				  human resource management services shall initiate a review of the position and
				  provide the agency with a determination within thirty calendar days or, if
				  referred to the job evaluation committee, within sixty calendar days. If human
				  resource management services concurs with the agency request, the
				  classification or reclassification shall be implemented. Human resource
				  management services also may determine another classification is more
				  appropriate for the position or none of the existing classifications is
				  appropriate for the position. If human resource management services determines
				  none of the existing classifications is appropriate for the position, human
				  resource management services shall draft an appropriate classification
				  description for evaluation by the job evaluation committee. If the agency or
				  employee does not agree with the determination made by human resource
				  management services, human resource management services shall ensure the
				  complete job information is gathered and prepared for presentation to the job
				  evaluation committee for a determination. If the review is not completed within
				  the authorized time period, human resource management services shall notify the
				  appointing authority of the reasons for an extension and the anticipated
				  schedule for completion of the review. Human resource management services shall
				  notify the appointing authority and employee in writing of the job evaluation
				  committee's decision within fifteen calendar days. If either the employee or
				  appointing authority disagrees with the job evaluation committee's decision, an
				  appeal may be made as provided in chapter 59.5-03-02.
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 4-07-03 - Classification Plan › Section 4-07-03-10.1 - Effective date of classification assignment

Current through Supplement No. 393, July, 2024
The effective date of a classification assignment is the date
				  specified by the appointing authority. However, the effective date may not be
				  earlier than the month in which the reclassification request is approved
				  pursuant to section 4-07-03-10. An earlier effective date may be applied with
				  written approval from the director of human resource management
				  services.
General Authority:
NDCC 54-44.3-12(1)
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 4-07-03 - Classification Plan › Section 4-07-03-10.2 - Employee in a reclassified position shall meet minimum qualifications

Current through Supplement No. 393, July, 2024
When reclassification of a position is requested, the
				  appointing authority shall ensure that the position incumbent meets the minimum
				  qualifications for the position's new classification. If the employee does not
				  meet the minimum qualifications, the appointing authority shall do one of the
				  following:
1. Assist the employee in
				attaining the necessary education, training, or experience to meet the
				qualifications. The employee must meet the qualifications within one year from
				the effective date of the reclassification.
2. Reassign the employee to a position for
				which the employee qualifies.
3.
				Restructure the duties and responsibilities of the reclassified position to
				return it to a classification for which the employee qualifies.
4. Request review of the class.
5. Take other action to ensure compliance
				with the minimum qualifications.
General Authority: NDCC
					 54-44.3-12(1)
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 4-07-03 - Classification Plan › Section 4-07-03-12 - Grandfathering

Current through Supplement No. 393, July, 2024
When a current employee affected by a class or class series
				  review does not meet new or revised qualifications as stated on the class
				  description, the employee may be grandfathered into that employee's current
				  position at the appropriate job class level without loss of pay or status. The
				  employee must meet minimum qualifications as stated on the class descriptions
				  of subsequent position reclassification actions in accordance with section
				  4-07-03-10.2.
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 4-07-04 - Compensation Plan › Section 4-07-04-01 - 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 4-07-04 - Compensation Plan › Section 4-07-04-02 - 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 and section
				  4-07-02-01, except "compensation
				  plan" means the listing of all the pay grades used in the classified service
				  and the pay ranges assigned to each grade.
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 4-07-04 - Compensation Plan › Section 4-07-04-03 - Class evaluation process

Current through Supplement No. 393, July, 2024
The director, human resource management services, shall
				  develop, implement, and maintain a class evaluation process to evaluate and
				  assign an appropriate pay grade to all classes in the classification plan.
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 4-07-04 - Compensation Plan › Section 4-07-04-04 - A written request to review a pay grade

Current through Supplement No. 393, July, 2024
A written request to review a pay grade may be submitted to
				  human resource management services by the appointing authority only if one of
				  the following reasons apply:
1. The
				appointing authority is experiencing recruiting problems due to the assigned
				pay grade.
2. The appointing
				authority is experiencing retention problems due to the assigned pay
				grade.
3. The appointing authority
				can provide employment market data that shows an extreme variance between
				market pay and the classified salary range.
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 4-07-04 - Compensation Plan › Section 4-07-04-05 - Additional information required

Current through Supplement No. 393, July, 2024
An appointing authority requesting a pay grade review shall
				  furnish additional information to human resource management services at the
				  time the request is made. The additional information must include:
1. A statement of the problem.
2. Up-to-date job description
				questionnaires.
3. Any available
				statistical data that relates to the problem encountered, i.e., turnover rate,
				recruiting costs, training costs, etc.
4. Details of efforts to resolve the problem
				through alternative methods.
5. Any
				available analysis of the current use of the salary range assigned to the
				existing pay grade.
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 4-07-04 - Compensation Plan › Section 4-07-04-07 - An employee may request a review

Current through Supplement No. 393, July, 2024
An employee may request that an appointing authority submit
				  the pay grade assigned to the employee's class to human resource management
				  services for review if the employee demonstrates that one of the reasons in
				  section 4-07-04-04 applies to the
				  employee's classification. An appointing authority shall consider an employee's
				  request to submit the pay grade assigned to the employee's class to human
				  resource management services for review. The appointing authority shall, within
				  sixty calendar days, determine if any of the reasons in section
				  4-07-04-04 apply and if the
				  information required in section
				  4-07-04-05 is available. If any of
				  the reasons apply and if the information is available, the appointing authority
				  shall submit the request to human resource management services for review. If
				  none of the reasons apply, the appointing authority shall notify the employee
				  the request will not be submitted to 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 4-07-04 - Compensation Plan › Section 4-07-04-09 - Pay grade review process, pay grade exceptions, and notifications

Current through Supplement No. 393, July, 2024
Upon receipt of a pay grade review request, human resource
				  management services will initiate review of the pay grade or classification as
				  appropriate. Human resource management services may assign a pay grade that is
				  higher than that determined by the application of the class evaluation system.
				  This may be done when the pay grade assigned to a class has not resolved
				  significant problems in the recruiting or retention of qualified individuals
				  for a class. When a pay grade exception is assigned to a class, the grade must
				  be identified as such and the appointing authority and all employees in the
				  class must be notified. If the review is not completed within sixty calendar
				  days, human resource management services will notify the appointing authority
				  of the reasons for an extension and the anticipated schedule for completion of
				  the review. If either the employee or appointing authority disagree with the
				  decision, an appeal may be made as provided in  chapter 59.5-03-02.1.
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 4-07-04 - Compensation Plan › Section 4-07-04-09.1 - Effective date of pay grade assignment

Current through Supplement No. 393, July, 2024
The effective date of a pay grade assignment is the date
				  specified by the appointing authority. However, the date may not be earlier
				  than the month in which the change is approved pursuant to section 4-07-04-09.
				  An earlier effective date may be applied with written approval from the
				  director of 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 4-07-04 - Compensation Plan › Section 4-07-04-12 - Periodic review

Current through Supplement No. 393, July, 2024
Classes assigned a pay grade exception are subject to
				  periodic review by human resource management services. Such classes shall be
				  reviewed no less than once every five years to verify the appropriateness of
				  the assigned pay grade. The director, human resource management services, shall
				  notify the respective appointing authorities and all employees in the class
				  that a review is being conducted. The appointing authority and employees may
				  submit information for the review.
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 4-07-05 - Recruitment and Selection › Section 4-07-05-01 - 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 4-07-05 - Recruitment and Selection › Section 4-07-05-01.1 - 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:
1. "Closing date" means a date by which
				applications must be received as specified.
2. "External recruiting" means that
				applications for filling a vacant position under an appointing authority shall
				be accepted from current employees of the appointing authority and persons not
				employed by the appointing authority.
3. "Internal recruiting" means that
				applications for filling a vacant position under an appointing authority shall
				only be accepted from current employees of the appointing authority and
				employees eligible for reinstatement by the appointing authority.
4. "Promotion" means a personnel action that
				results in the advancement of an employee to a position in a different class
				that has a higher pay grade than the employee's previous position.
5. "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.
6. "Reinstatement" means a
				personnel action that involves the reemployment of a previous employee of the
				appointing authority, who resigned or was separated while in good standing in a
				classified position.
7. "Transfer"
				means a personnel action that results in the reassignment of an employee from
				one position to a different position that has the same pay grade as the
				employee's previous position and that does not result in a break in
				service.
8. "Vacancy announcement"
				means an announcement that a particular position is vacant and that the
				appointing authority intends to recruit to fill it.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-12(1)