The Americans with Disabilities Act of 1990 as amended.
appointing authority: -
An official, board or commission having the legal authority to make appointments to positions in State service or a person to whom the authority has been delegated by the official, board or commission. (NAC 284.022)
behavioral question: -
A question that asks a candidate to describe a situation from his or her past and what he or she did in that situation.
benchmark guideline: -
A benchmark guideline provides a range of scores for a candidate's response and a definition of what type of response from a candidate would be appropriate for each score.
caring (care) for: -
Activities performed or attention provided when an employee: 1) provides psychological comfort and reassurance to his or her spouse, child or parent with a serious health condition who is receiving inpatient or home care; 2) substitutes for another person who is caring for the employee's spouse, child or parent who has a serious health condition; 3) makes arrangements for any change in the care of his or her spouse, child or parent with a serious health condition; 4) provides physical or psychological care to his or her spouse, child, parent or other member of his or her immediate family who is unable to provide for his or her own basic medical, hygienic or nutritional needs, safety or transportation to a provider of health care. (NAC 284.5231)
A group of positions sufficiently similar with respect to their duties and responsibilities that the same title may be reasonably and fairly used to designate each position allocated to the class, substantially the same tests of fitness may be used, substantially the same minimum qualifications may be required and the same schedule of compensation may be applied with equity. (NAC 284.030)
class series: -
The normal line of progression from training, entry or preparatory levels to supervisor or administrative levels within a job specialty so that the minimum qualifications, tests of fitness and the duties and responsibilities of each class are similar but different in level.
State of Nevada executive branch positions designated as being in the classified service and filled according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive, except as otherwise provided in NRS 284 and NRS 209.161. (NRS 284.150)
dating (relationship): -
An intimate association primarily characterized by the expectation of affection or sexual involvement. It does not refer to a casual relationship or ordinary association between individuals in a business or social context. (NAC 284.0533)
direct threat: -
A significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.
1) A physical or mental impairment that substantially limits one or more of the major life activities of the individual; 2) A record of such an impairment; or 3) Being regarded as having such an impairment (i.e., subjected to a prohibited action because of an actual or perceived physical or mental impairment). (29 CFR 1630.2)
domestic violence: -
When a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child: (a) A battery. (b) An assault. (c) Coercion pursuant to NRS 207.190. (d) A sexual assault. (e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to: (1) Stalking. (2) Arson. (3) Trespassing. (4) Larceny. (5) Destruction of private property. (6) Carrying a concealed weapon without a permit. (7) Injuring or killing an animal. (8) Burglary. (9) An invasion of the home. (f) A false imprisonment. (g) Pandering. 2. The provisions of this section do not apply to: (a) Siblings, except those siblings who are in a custodial or guardianship relationship with each other; or (b) Cousins, except those cousins who are in a custodial or guardianship relationship with each other. 3. As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
et al: -
Abbreviated form of Latin word meaning "and others". If "et al" is listed on a subpoena, it indicates that there are additional parties to the action that are not listed.
executive branch agency (agencies): -
Departments and agencies that are under the direction of the Governor (e.g., Department of Transportation).
exempt employee: -
Paid on a salary basis and not eligible for overtime. Per NRS 284.148 would include elected officers, unclassified employees on the personal staff of an elected officer, an unclassified head of a department or division who is appointed by an elected officer or executive, an unclassified administrative or professional employee as defined by the Fair Labor Standards Act (http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf). Classified employees who are executive, administrative or professional employees as defined by the Fair Labor Standards Act (http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf) and who are either a head of a department, division or bureau or a classified doctoral level professional.
family or household member (victim of act of domestic violence): -
Spouse, domestic partner, minor child, or parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence as defined in NRS 33.018.
fiscal year: -
Period beginning July 1st and ending June 30th of the following year.
full-time equivalent (equivalency): -
For a non-exempt employee, the number of hours authorized by the Division of Human Resource Management for the non-exempt employee's position, divided by the number of base hours established for the position's pay class designation. For an exempt classified or unclassified employee, the number of days authorized by the Division of Human Resource Management for the employee's position, divided by the number of base days established for the position's pay class designation. (NAC 284.065)
geographical locations: -
1) Clark, Lincoln, Nye and Esmeralda counties; 2) Carson City, Lyon, Churchill, Storey, Douglas, Mineral and Washoe counties; 3) Pershing, Humboldt, Elko, Lander, Eureka and White Pine counties; and 4) Outside of the State.
The number assigned by the Division of Human Resource Management to identify the range of pay for a class. (NAC 284.066)
health care provider: -
A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state or country in which the doctor practices; a podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor who is authorized to practice as a podiatric physician, a dentist, a clinical psychologist, an optometrist or a chiropractor by the state or country in which he or she practices and who is performing within the scope of his or her practice as defined by the law of that state or country; a nurse practitioner, nurse midwife, physician assistant or clinical social worker who is authorized to practice as a nurse practitioner, nurse midwife, physician assistant or clinical social worker by the state or country in which he or she practices and who is performing within the scope of his or her practice as defined by the law of that state or country; a practitioner in Christian Science who is listed with The First Church of Christ, Scientist, in Boston, Massachusetts; a provider of health care, as defined in NRS 629.031, acting within the scope of his or her license whose certification of the existence of a serious health condition is acceptable to substantiate a claim for benefits under the Public Employees' Benefits Program. (NAC 284.52375)
immediate family (death): -
An employee’s parents, spouse/registered domestic partner, children (regardless of age), brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, granddaughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law, great-granddaughter-in-law, stepparents and stepchildren. (NAC 284.562)
immediate family (sick): -
An employee’s parents, spouse/registered domestic partner, children (regardless of age), brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, grandchildren, nieces, great-grandchildren and stepparents. If living in the employee’s household, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, granddaughter-in-law, nephew-in-law, niece-in-law, great-grandson-in-law and great-granddaughter-in-law. (NAC 284.5235)
improper governmental action: -
Any action taken by an officer or employee in the performance of his or her official duties, whether or not the action is within the scope of employment of the officer or employee, which is (a) in violation of any state law or regulation; (b) an abuse of authority; (c) of substantial and specific danger to the public health or safety; or (d) a gross waste of public money. (NRS 281.611)
Position which is held by an employee who: 1) formally evaluates supervisors; 2) is involved in hiring and firing of subordinate staff; 3) determines organizational structure within a component of an organization; and 4) develops, monitors and implements policies to accomplish long-range goals.
next of kin (FMLA): -
The nearest blood relative other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin. When such designation has been made, the designated individual shall be deemed to be the covered servicemember's only next of kin. (29 CFR 825.102)
nonclassified (service): -
An employee in the office of the Governor or the Judicial or Legislative branch of State government. (NAC 284.070)
nonexempt employee: -
Eligible for overtime. See definition of "exempt employee".
paid status: -
The time that an employee is working, on leave with pay (except catastrophic leave) or on a leave of absence due to a fiscal emergency declared pursuant to NAC 284.580. (NAC 284.0742)
pay progression date: -
The date on which an employee completes one year of employment equivalent to full-time service following his or her appointment to his or her current grade. (NAC 284.075)
peace officer: -
Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
permanent (employee): -
A classified employee who has successfully completed the probationary period for any class held during continuous classified State service. (NAC 284.076)
permanent status: -
Means the standing an employee achieves in a class when: 1) he or she has successfully completed the probationary or trial period for the class; or 2) his or her appointment does not require a new probationary period and he or she does not hold another type of status for the appointment.
premises of the workplace: -
Any building, office, vehicle or location, or any part thereof, specifically intended to serve as a place where work is performed by an employee during the course of a workday, including, without limitation, irregular shifts, or any other building, office, vehicle or location at or in which an employee is authorized to perform work by the agency with which he or she is employed. The term includes parking lots, garages or vehicle depots that are owned or leased by the State. The term does not include a location that constitutes an employee’s usual and customary living quarters, except when the living quarters are also used to care for children pursuant to a state program or as otherwise authorized by the State. (NAC 284.0875)
Prohibitions & Penalties (P&Ps): -
An agency's policy, approved by the Personnel Commission, that explains prohibited acts, possible violations and penalties and a fair and equitable process for taking disciplinary action a permanent classified employee.
public officer (officer): -
A person elected or appointed to a position established by law and involving the exercise of public power, trust or duty (i.e., actions taken in an official capacity which involve a substantial amount of discretion in formulating public policy, expenditure of public money and administration of laws and rules). (NRS 281A.160)
sexual conduct: -
Ordinary sexual intercourse; anal intercourse, fellatio, cunnilingus or other oral-genital contact; physical contact by a person with the genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person; penetration by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person; or masturbation or lewd exhibition of genitals.
significant change: -
Significant change is defined as “a change in duties and responsibilities assigned to a position in a class that: 1) Is outside the scope of the class as described by the class specification; 2) Is not part of the scope of responsibility of the position; and 3) Results in the preponderance of duties and responsibilities being allocated to a different class.” It means that the duties assigned to a position have changed to such a degree that the current class specification no longer fairly describes the preponderance of responsibilities. In applying the definition, change that is the result of natural growth, an increase in workload or the increase in volume of work performed, common to most positions in State service, is not considered to fall within the meaning of significant change, nor is the addition of duties that are similar in nature or complexity to current or previously performed responsibilities. The use of new or advanced technologies and/or methods to carry out the same or similar duties also would not constitute significant change. Personal ability, performance, dedication and longevity are personal characteristics that are not factors considered in the objective analysis utilized in the classification process. Positions may perform some higher-level duties; however, this does not provide the basis for reclassification to another class. In order to be reclassified from one class to another, a position must spend the preponderance of time performing duties of that class.
special sick: -
After an employee has accrued 90 working days of sick leave, the amount of additional unused sick leave carried from one year to the next is limited to one-half of the unused sick leave accrued during that year. The unused sick leave accrued but not carried forward is placed in a special sick leave account for an employee. Special sick leave may be restored to an employee's sick leave account if the employee exhausts all of his or her sick leave. (NRS 284.355, NAC 284.546)
The number assigned by the Division of Human Resource Management to identify a specific rate of pay within a grade; there are ten steps for each grade. (NAC 284.102)
subversive organization: -
As defined by the Attorney General of the United States, an organization which is composed of two or more members, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, the State or any political subdivision by force or violence. (NRS 284.425)
A position which is held by an employee who: 1) formally evaluates staff; 2) is involved in the hiring and firing of subordinate staff; and 3) establishes policies which affect the performance or behavior of subordinate staff.
unclassified (service): -
Members of boards and commissions and heads of departments, agencies and institutions required by law to be appointed.
Persons required by law to be appointed by the Governor or heads of departments or agencies appointed by the Governor or by boards, except as provided in NRS 223.085, 223.570 and 223.600.
Employees other than clerical in the Office of the Attorney General and the State Public Defender required by law to be appointed by the Attorney General or the State Public Defender.
Officers and members of the teaching staff and the staffs of the Agricultural Extension Department and Experiment Station of the Nevada System of Higher Education or any other state institution of learning and student employees of these institutions, except as otherwise provided by the Board of Regents of the University of Nevada.
All officers and employees authorized by law to be employed in the unclassified service.
undue hardship: -
Significant difficulty or expense based on the resources and circumstances of an employer in relationship to the cost or difficulty of providing a specific accommodation.