NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM

CLASSIFICATION

284.126 Creation of new class, reclassification of position or reallocation of existing class.
284.130 Investigations of classifications.
284.132 Temporary classifications.
284.134 Individual reclassification of position to higher level: Status of incumbent.
284.138 Reclassification or reallocation of class or position to higher grade as result of occupational study: Status of incumbent.
284.140 Reclassification of class or position to lower grade: Status of incumbent.
284.150 Class specifications.
284.152 Appeal of allocation of position or change in classification.

 

NRS 284.160  Classification plan for classified service; changes in plan; procedure for making certain changes without approval of Commission.   

NRS 284.165  Allocation of positions; hearing; review by Commission. 

NRS 284.170  Establishment of titles and grades for each class of employment; description of duties; specification of minimum qualifications.     

NRS 284.171  Index of broad occupational groups.  

NRS 284.172  List of positions in classified service primarily performing data processing; approval of new position or reclassification to position on list.     

NRS 353.224  Approval of Legislature or Interim Finance Committee required for certain changes of positions.  

 

     NAC 284.126  Creation of new class, reclassification of position or reallocation of existing class. (NRS 284.065, 284.155)  

     1.  For the purposes of this section:

     (a) "Agency personnel officer" means the Director of Personnel within the Nevada System of Higher Education or any person holding a position in the classified service with the title of Personnel Officer.

     (b) "Significant change" means a change in the duties and responsibilities assigned to a position in a class that:

             (1) Is outside of 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.

      2.  If an appointing authority or an employee proposes the creation of a new class, a reclassification of a position to a different class or the reallocation of an existing class based upon a gradual accumulation of duties and responsibilities which results in a significant change and is intended to be permanent, the Division of Human Resource Management or agency personnel officer must be notified on the appropriate form.  If the creation, reclassification or reallocation is approved, the Division of Human Resource Management will allocate the position to one of the existing classes in the classification plan or to a new, revised or reallocated class as appropriate.

     3.  The effective date of the classification decision will be the date on which form NPD-19 is received by the Division of Human Resource Management or agency personnel officer unless information that substantially affects the decision concerning the creation, reclassification or reallocation is received after this date.  In that case, the effective date will be the date on which the appropriate information necessary to make the decision is received.  However, the subsequent receipt of an application or examination score that confirms the qualifications of an incumbent will not have a bearing on the effective date.  If the form was prepared but delayed due to an administrative or clerical error, the effective date must be determined by the appointing authority and must be based upon the date on which the form should reasonably have been submitted to the Division of Human Resource Management or agency personnel officer.  In no case, however, may a retroactive adjustment because of an administrative or clerical error exceed 6 months after the date of receipt.

     4.  If an agency makes or anticipates making a significant change in the duties for a position or the agency anticipates a reorganization which will require the reclassification of an existing position, the reallocation of an existing class or the creation of a new class, it shall advise the Budget Division of the Department of Administration or, in the case of the Nevada System of Higher Education, the budget division of the applicable institution.  The proposed change may not be required of an employee nor be submitted to the Division of Human Resource Management until funding for it is approved. If the change is approved by the Division of Human Resource Management, the effective date will be determined by the Budget Division.

     5.  In effecting a reclassification pursuant to subsection 2 or 4, the appointing authority must review and take into consideration the organizational structure and the qualifications of the incumbent before assigning new duties to a position which are intended to be permanent.  No position will be reclassified to a higher grade through the individual classification process if the incumbent does not meet the minimum qualifications for the higher level position.  If an employee does not meet the minimum qualifications to reclassify his or her position, the employee is not eligible for promotion, but may be eligible for a special adjustment to his or her pay pursuant to NAC 284.206.

     6.  The establishment of a new class or reallocation of a class in an occupational study which results in a fiscal cost becomes effective when the funding is provided by the Legislature in the biennial operating budget for this State.

    7.  From the date on which the Division of Human Resource Management formally announces the beginning of an occupational study until the date on which the occupational study becomes effective:

     (a) An existing position in the occupational study that has a significant change may only be reclassified to an existing class.

     (b) An existing class in the occupational study must not be reallocated to a different grade.

     (c) A new position may be allocated to an existing class or a new class as determined by the Division of Human Resource Management.

     [Personnel Div., Rule II § D subsec. 1, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 7-21-89; 8-14-90; 12-26-91; 11-16-95; 10-27-97; R098-99, 9-27-99; R147-01, 1-22-2002; A by Personnel Comm'n by R069-02, 8-14-2002; R038-03, 10-30-2003)

 

     NAC 284.130  Investigations of classifications. (NRS 284.065, 284.155)   The Division of Human Resource Management may investigate the classification of any existing position on the written request of an appointing authority or an employee or on its own initiative.

     [Personnel Div., Rule II § E, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84)

 

     NAC 284.132  Temporary classifications. (NRS 284.065, 284.155, 284.175)  

     1.  An appointing authority, an employee or the Division of Human Resource Management may request a temporary classification which allows the classification of a position for a temporary period of 1 year or less.  Each appointment which is designated as temporary must have specific criteria established which justify the grade of the position and the projected date of expiration of the period.  A position which no longer meets this criteria will revert back to the class from which it was reclassified.  This method of classification is subject to the following conditions:

     (a) Temporary classifications must meet the allocation standards and the criteria established for the class before this method may be used.  The classification must be approved by the Division of Human Resource Management before the appointment.

     (b) An employee who is appointed to a temporary class must sign the payroll document.  This signature acknowledges that the employee understands the conditions of the reclassification and its projected date of expiration.

     2.  If the employee meets the minimum qualifications for the temporary classification, he or she:

     (a) Retains his or her status of appointment; and

     (b) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.

Ê An incumbent who has reverted to his or her previous class is entitled to the step, pay progression date and status of appointment he or she would have attained if he or she had not been appointed to the temporary class.

     3.  The pay progression date of an employee who is promoted pursuant to this section will be determined in accordance with the provisions of NAC 284.182.  The rate of pay for the employee will be determined in accordance with the provisions of NAC 284.172 governing an employee's pay on promotion.

     4.  In case of a layoff, the temporarily assigned employee's class of layoff is his or her former class. The time served in the temporary class is counted for seniority purposes if it was in the same occupational group, as provided in NRS 284.171.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 10-27-97; R043-99 & R098-99, 9-27-99; R146-01, 1-18-2002; R147-01, 1-22-2002; A by Personnel Comm'n by R133-12, 10-4-2013)

 

     NAC 284.134  Individual reclassification of position to higher level:  Status of incumbent. (NRS 284.065, 284.155, 284.175)  

     1.  An incumbent who meets the minimum qualifications for an individual reclassification as provided in NAC 284.126 may be reclassified to a higher level.  If the incumbent's position is reclassified as a result of an individual classification study, the incumbent will continue to serve in the position and:

     (a) Must be promoted;

     (b) Retains his or her status of appointment; and

     (c) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.

     2.  The pay progression date of an employee who is reclassified pursuant to this section will be determined in accordance with the provisions of NAC 284.182.  The rate of pay will be determined in accordance with the provisions of NAC 284.172 governing an employee's pay on promotion.

     [Personnel Div., Rule II § F subsecs. 1 & 2, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 10-27-97; R043-99, 9-27-99; R147-01, 1-22-2002; A by Personnel Comm'n by R133-12, 10-4-2013)

 

     NAC 284.138  Reclassification or reallocation of class or position to higher grade as result of occupational study:  Status of incumbent. (NRS 284.065, 284.155, 284.175)  

     1.  Except as otherwise provided in subsections 3 and 4, if a class or a position within a class is reclassified or reallocated to a higher grade as a result of an occupational study, the incumbent will continue to serve in the position and:

     (a) Must be promoted;

     (b) Retains his or her status of appointment;

     (c) Retains his or her pay progression date; and

     (d) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.

     2.  The rate of pay for employees who are promoted will be determined in accordance with the provisions of NAC 284.172   governing an employee's pay on promotion.

     3.  The provisions of subsection 1 do not apply to an incumbent who is filling a position in a class which is at a lower grade than the authorized level of the position unless the class held by the incumbent is reclassified or reallocated to a higher grade.

     4.  If a position is reclassified to a higher grade in a different occupational group, the employee must meet the minimum qualifications of the higher level position before he or she is promoted.  If the employee does not meet the minimum qualifications, he or she must not be promoted, the position will be temporarily reclassified pursuant to NAC 284.132 and the employee may be eligible for a special adjustment to his or her pay as provided in NAC 284.206. If the employee does not meet the minimum qualifications within 1 year after the effective date of the reclassification, the duties must be reassigned and the position must be reclassified accordingly.

     [Personnel Div., Rule II § F subsec. 4, eff. 8-11-73; A 10-6-78]-(NAC A by Dep't of Personnel, 10-26-84; 8-1-91; 12-26-91; 9-16-92; 10-27-97; R043-99, 9-27-99; R147-01, 1-22-2002; A by Personnel Comm'n by R133-12, 10-4-2013)

 

     NAC 284.140  Reclassification of class or position to lower grade:  Status of incumbent. (NRS 284.065, 284.155, 284.175)  

     1.  If a class or position is reclassified to a lower grade, the incumbent's title and grade must be changed to the new class.  He or she will retain his or her status of appointment and pay progression date. The rate of pay will be determined by the provisions of NAC 284.290 governing an employee's pay on retained rates or, if the employee does not meet these requirements, by the provisions of NAC 284.173 governing an employee's pay on demotion.

     2.  The employee is eligible for reappointment to the same or a similar class from which he or she was reclassified.

    3.  The employee is entitled to reemployment rights to his or her former class and option in his or her department for 1 year after the date of notification of the reclassification to the lower grade if the employee and the agency provide the necessary information regarding the employee's seniority on the prescribed form.

     4.  If the employee is receiving a retained rate of pay and declines the first opening which is offered for his or her previous class in his or her department and location, the employee forfeits his or her reemployment rights to the former class and must be immediately reclassified to the lower grade and the provisions of this chapter governing the pay of an employee on demotion apply.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A by R043-99, 9-27-99; R147-01, 1-22-2002; A by Personnel Comm'n by   R133-12, 10-4-2013)  

 

     NAC 284.150  Class specifications. (NRS 284.065, 284.155, 284.384)  

     1.  Class specifications will define a class based on a sound, systematic occupational analysis and evaluation of the position and will contain elements sufficient to distinguish the various classes from one another.  The use of a particular expression or illustration as to duties must not be interpreted to exclude others not mentioned but that are of similar kind and relevant to the class.

     2.  Any option within a class which is included in the class specification will be considered a separate class.

     3.  In determining the class to which any position will be allocated, the specification will be considered as a whole and in relation to others in the classification plan.  The duties, responsibilities, qualifications, knowledge, and abilities required for a class will be considered in relation to those for other classes in determining the kinds of positions which a class may include.

     4.  The qualifications which are required for a particular class are the standards for the evaluation of applications for positions in that class.  The Division of Human Resource Management may, after consulting with appointing authorities, interpret these qualifications so that qualifications which are equivalent to those which are specified for the class may be accepted.  The interpretation of qualifications which are considered equivalent must not circumvent the principles of selection on the basis of merit.

     5.  Qualifications which are required to perform the essential functions of a position, such as possession of a valid driver's license, may be required by the appointing authority if:

     (a) So indicated for the position at the time of public notice or appointment; or

     (b) Written notice of the required qualifications is given to the employee.

Ê Any disagreement concerning the validity of the required qualifications may be submitted for adjustment pursuant to the procedure for the adjustment of grievances set forth in NAC 284.658 to 284.697, inclusive.

     [Personnel Div., Rule II § H, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 8-1-91; 7-6-92; 7-1-94)

 

NRS 284.165  Allocation of positions; hearing; review by Commission.

 

     NAC 284.152  Appeal of allocation of position or change in classification. (NRS 284.065, 284.155, 284.384)  

     1.  An employee affected by the allocation of a position to a grade or class or by a change in classification as a result of a study regarding classifications, or the agency where such actions have occurred, may, within 30 days after the date of receipt of written notice of the action, file a written appeal of the action with the Administrator. The appeal must:

     (a) Address the points outlined in the Division of Human Resource Management's recommendation regarding the proper classification for the position in question; and

     (b) Indicate the points with which the appellant disagrees and express the reasons for the disagreement.

     2. The Administrator will issue a decision on the appeal within 30 days after receiving the appeal unless:

     (a) He or she is prohibited from doing so because of the number of appeals resulting from a study regarding classifications;

     (b) There is an agreement with the appellant to extend the limitation of time for the issuance of the decision; or

     (c) The Administrator delegates the duty to decide the appeal to a designated representative pursuant to subsection 3.

     3.  The Administrator may delegate the duty to decide the appeal to a designated representative if the Administrator is unavailable or reasonably believes he or she has a conflict of interest. If the Administrator makes such a delegation, the designated representative shall issue a decision on the appeal within 30 days after the Administrator received the appeal.

     4.  The appellant or the agency affected by the decision may, within 30 days after receipt of written notice of the decision of the Administrator or his or her designated representative, appeal the decision to the Commission.  The appeal must:

     (a) Be in writing;

     (b) Be addressed to the Administrator;

     (c) Address the points outlined in the decision regarding the proper classification for the position in question; and

     (d) Indicate the points with which the appellant or the agency disagrees and express the reasons for the disagreement.

     (Added to NAC by Dep't of Personnel, eff. 9-17-87; A 3-1-96; R031-98, 4-17-98; A by Personnel Comm'n by R203-07, 4-17-2008; R100-16, 11-2-2016)