North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-08 - Procedure for appeals of employer actions to human resource management services

Current through Supplement No. 393, July, 2024
1. The employee
				shall file the properly completed prescribed appeal form with the director,
				human resource management services. The appeal form must be transmitted by
				electronic means and must be received in the human resource management services
				office by five p.m. within fifteen working days of service of the notice of
				results of the agency grievance procedure or within fifteen working days from
				the date of the waiver. An additional fifteen working days is not available if
				the requested waiver is denied. The date of service of the notice shall be
				considered to be the date transmitted or delivered by electronic means. The
				agency shall prepare a certificate of service or provide reliable means, to
				show proof of the date transmitted or delivered by electronic means.
2. The director, human resource management
				services, shall within two working days submit a written request by electronic
				means to the director, office of administrative hearings, to conduct a hearing
				on behalf of the division and shall forward a copy of the appeal form to the
				appointing authority.
3. The
				administrative law judge shall initially consider whether the appeal was filed
				within required time limitations. If the administrative law judge determines
				the time limitations have not been met, the administrative law judge shall
				prepare an appropriate order dismissing the appeal, which shall be final, and
				provide a copy of it to the parties. The administrative law judge may, for good
				cause shown, waive the time limitations for filing an appeal. Good cause means
				those circumstances that reasonably and without any fault on the part of the
				appellant prevented the filing of an appeal in a timely fashion. In no event
				may an appeal be deemed timely after sixty days have elapsed from the date of
				the employer action.
4. The
				administrative law judge shall consider whether human resource management
				services has jurisdiction over the subject matter of the appeal and whether all
				rules and regulations were followed in the internal agency grievance process.
				If the administrative law judge is unable to establish whether human resource
				management services has jurisdiction over the subject matter of the appeal or
				whether the appropriate rules were followed, a hearing may be conducted to
				ascertain the facts related to those issues.
5. If the administrative law judge determines
				that human resource management services does not have jurisdiction in the
				matter of the appeal, the administrative law judge shall prepare findings of
				fact and conclusions of law, if appropriate; issue a final decision dismissing
				the appeal; and provide a copy of them to the parties.
6. If it is determined that human resource
				management services has jurisdiction over the appeal, the administrative law
				judge shall schedule a hearing. The administrative law judge shall conduct the
				hearing and related proceedings, receive evidence related to the issues,
				prepare findings of fact and conclusions of law, and issue a final
				decision.
7. The administrative law
				judge shall notify the employee and the appointing authority of the final
				decision by sending each of them a copy of the findings of fact, conclusions of
				law, and final decision. Notification shall be accomplished in the same manner
				as for notification of final orders required by subsection 3 of North Dakota
				Century Code section 28-32-39. The parties shall implement the final decision
				within any time periods specified by the administrative law judge.
8. The administrative law judge shall return
				the completed appeal file to human resource management services by electronic
				means.
9. Any party to the appeal
				may review the recordings of the hearing by making a request to human resource
				management services by electronic means.
General Authority:
NDCC 54-44.3-12(1)
Law Implemented:
NDCC
					 54-44.3-12.2