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 4-07-24-08 - Merit system application appeals to human resource management services

Current through Supplement No. 393, July, 2024
1. If an applicant
				is a regular employee and does not agree with the response of the agency
				appointing authority, the applicant may further appeal the disqualification to
				human resource management services. A letter of appeal must be addressed to the
				Director, Human Resource Management Services, 600 East Boulevard Avenue, Dept.
				113, Bismarck, ND 58505-0120, and must be delivered, mailed, or transmitted by
				electronic means and must be received in the human resource management services
				office by five o'clock p.m. within fifteen working days of service of the
				notice of the agency's response to the appeal. 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.
2. Upon receipt of the appeal
				letter, the director, human resource management services, shall certify the
				appeal and submit a written request to the director, office of administrative
				hearings, to conduct the hearing in accordance with this section.
3. If the applicant and the appointing
				authority agree in writing, an appeal taken under this section may be disposed
				of informally as provided in this subsection. The administrative law judge
				shall notify the applicant and the appointing authority to provide
				documentation upon which each relies to assert its position on the appeal. Each
				party may also provide a memorandum of support for its position and may request
				oral argument before the administrative law judge at the time it submits its
				memorandum. If either party requests oral argument before the administrative
				law judge, the administrative law judge shall notify the parties of the time,
				date, and location of the oral argument. After oral argument, if any, the
				administrative law judge shall issue findings of fact, conclusions of law, and
				a final order and provide them to the parties and human resource management
				services. If the applicant and the appointing authority do not agree to
				informal disposition of the appeal, the administrative law judge shall conduct
				a hearing in accordance with this section. After the hearing, the
				administrative law judge shall issue findings of fact, conclusions of law, and
				a final order and provide them to the parties and human resource management
				services.
General Authority: NDCC 28-32-05.1,
					 54-44.3-12
Law Implemented: NDCC 28-32-05.1,
					 54-44.3-12