NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM

FILLING VACANCIES IN EMPLOYMENT 

284.295 Determining type of recruitment.
284.297 Considerations regarding determination to expand recruitment to open competition.
284.2975 Designation of class for which applicants for promotion are not normally available.
284.301 Length of recruitment.
284.305 Continuous recruitment.
284.309 Notice of recruitment: Publicized job announcement.
284.313 Limitation of competition in recruitment; applications.
284.317 Investigations of applicants; minimum age requirement.
284.321 Convictions: Disclosure; factors for consideration.
284.325 Preferences for veterans.
284.329 Competitive examinations: Use and administration.
284.333 Centers for assessment: Selection and training of assessors; administration of examinations.
284.338 Minimum passing scores; computation of final scores.
284.341 Review of examinations; disputes regarding results.
284.345 Correction of errors in rating, scoring or computing results.
284.349 Retaking examination for same class.
284.353 Allocation of time used by employees for examinations and interviews.
284.358 Types of lists and priority for use.
284.360 Reemployment lists; certification or waiver of lists.
284.361 Use of lists and consideration of eligible persons.
284.364 Lists of persons with disabilities who are eligible for temporary limited appointments.
284.367 Promotional lists: Use; order of names.
284.370 Integration of subsequent lists.
284.371 Correction of errors in certification.
284.373 Inquiry of availability of eligible person.
284.374 Active lists: Removal and reactivation of names; refusal to consider certain persons.
NEW Appeal of refusal to examine or certify.
284.375 Appointing authority prohibited from appointing related persons under certain circumstances; exceptions.
284.377 Persons who become related after appointment: Appointing authority required to take corrective action; notification of appointing authority required.
284.386 Reinstatement of former permanent employee.
284.390 Transfers initiated by employees.
284.394 Transfers initiated by appointing authorities.
284.398 Transfers to classified service; certain transfers to unclassified service.
284.400 Acceptance of new appointment: Notice to current appointing authority.
284.402 Voluntary demotions.
284.404 Reappointments.
NEW Reassignment: Process for placement of a classified employee with a disability as part of the accommodation process.
284.406 Provisional appointments.
284.410 Emergency appointments.
284.414 Temporary appointments.
284.416 Temporary limited appointment of persons with disabilities.
284.425 Positions created by temporary projects.
284.434 Seasonal positions.
284.436 Intermittent positions.
284.437 Underfilling of positions.
284.4375 Automatic advancement.
284.439 Reports of appointments.


NRS 284.150  Classified service: Composition; limitations on appointment, transfer, promotion, demotion or discharge; discrimination prohibited.

NRS 284.295  Vacancy filled by promotion; eligibility; competitive examinations.


     NAC 284.295  Determining type of recruitment. (NRS 284.065, 284.155, 284.295)  

     1.  The Division of Human Resource Management will determine the type of recruitment based on:

     (a) The number of current or anticipated vacancies;

     (b) The anticipated number of applicants; and

     (c) The recommendations or requests of the appointing authority.

     2.  Except as otherwise provided in subsection 3, a recruitment must be restricted to one or a combination of these groups in the following order of priority:

     (a) Applicants for promotion from within the division where the vacancy exists.

     (b) Applicants for promotion from within the department where the vacancy exists.

     (c) Applicants for promotion from throughout state service.

     (d) Applicants for appointment from open competition.

Ê If a recruitment includes more than one promotional group, any group with a higher priority must be included and receive preference.

     3.  Recruitment may be open competitive, or limited to or combined with any one or more of the promotional groups listed in subsection 2 if:

     (a) The appointing authority certifies in writing to the Division of Human Resource Management that, in accordance with the provisions of NAC 284.297, it is in the best interest of the agency to expand the recruitment to allow other groups to compete equally; or

     (b) The class is designated in the classification plan as:

            (1) Entry level because it is not a normal progression from another class; or

            (2) A class for which applicants for promotion are not normally available.

     4.  The provisions of this section do not prohibit the Division of Human Resource Management or its designee from conducting a recruitment in anticipation of a vacancy.

     (Added to NAC by Dep't of Personnel, eff. 4-20-90; A by Personnel Comm'n by R183-03, 1-27-2004; R024-05, 10-31-2005)

 

     NAC 284.297  Considerations regarding determination to expand recruitment to open competition. (NRS 284.065, 284.155, 284.295)   In determining that it is in the best interest of the agency to expand a recruitment to open competition, the appointing authority shall consider:

     1.  The merit, fitness, efficiency, character, conduct and length of service of employees pursuant to NRS 284.295;

     2.  The need to provide to all citizens a fair and equal opportunity for public service;

     3.  The composition of the workforce in relation to the plan for affirmative action of the State of Nevada;

     4.  The needs of the agency in accomplishing its objectives; and

     5.  The possibility of any loss of federal money or other sanctions that may be imposed.

     (Added to NAC by Dep't of Personnel, eff. 4-20-90; A by Personnel Comm'n by R183-03, 1-27-2004)

 

     NAC 284.2975  Designation of class for which applicants for promotion are not normally available. (NRS 284.065, 284.250, 284.295)    For the purposes of NAC 284.295, 284.360 and 284.367, a class may be designated in the classification plan as a class for which applicants for promotion are not normally available if the class has historically had less than five applicants for promotion available from within the state service.

     (Added to NAC by Personnel Comm'n by R024-05, eff. 10-31-2005)

 

     NAC 284.301  Length of recruitment. (NRS 284.065, 284.155)  

     1.  The Division of Human Resource Management will, after appropriate consideration of a requesting agency's views, determine the length of the recruitment based upon, but not limited to, the number of vacancies and the size and geographic distribution of the anticipated pool of applicants.

     2.  The Division of Human Resource Management may postpone, cancel or extend any recruitment by giving appropriate notice thereof.

     [Personnel Div., Rule IV § H, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.326)

 

     NAC 284.305  Continuous recruitment. (NRS 284.065, 284.155, 284.205, 284.250)  

     1.  The Division of Human Resource Management may conduct recruitments and administer  

examinations in order to provide the names of eligible persons on a continuous basis.

     2.  An applicant achieves eligibility for certification from the date on which he or she successfully completes the examination.

     3.  The names of eligible persons who took the same or a comparable examination on different dates will be certified on the same list.

     [Personnel Div., Rule IV § I, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.330)

 

     NAC 284.309  Notice of recruitment:  Publicized job announcement. (NRS 284.065, 284.155)  

     1.  Notice of each recruitment will be given in the form of a publicized job announcement. Dissemination of the publicized job announcement may be limited to the appropriate agencies and employees when the recruitment is strictly promotional.  

     2.  A publicized job announcement will include the title, pay or grade, recruitment period and location. The announcement may also include, or on promotional recruitments will include, information relating to:

     (a) The special conditions of employment, if applicable;

     (b) The duties and responsibilities of the class or position;

     (c) The minimum qualifications; and

     (d) The type of examination, relative weights assigned to the parts thereof and the subjects to be covered,

Ê and other related matters.

     [Personnel Div., Rule IV § J, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; R147-01, 1-22-2002; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.334)

 

     NAC 284.313  Limitation of competition in recruitment; applications. (NRS 284.065, 284.155, 284.295)  

     1.  Except as otherwise provided in this subsection, competition in a recruitment is limited to applicants who meet the minimum qualifications and other criteria or conditions for the class or position as specified in the publicized job announcement.  The publicized job announcement may provide for the consideration of applicants who do not currently meet those minimum qualifications but who will do so by the time their names are placed on an eligible list.

     2.  It is the responsibility of an applicant to apply for any recruitment for which he or she is interested.  Future vacancies may be filled from the results of appropriate prior recruitments.

     3.  Each applicant must submit an application as specified in the publicized job announcement.  The application must be received not later than 5 p.m. on the closing date, as determined by the Division of Human Resource Management.

     4.  The incomplete or improper completion of an application that affects the ability of the Division of Human Resource Management to determine the qualifications of the applicant, including the failure to designate the locations where the applicant will work and other criteria or conditions, is cause for the rejection of the applicant.

     5.  If a recruitment produces a sufficient number of applicants, the Division of Human Resource Management may, as an additional phase of the process of examination, approve the obtaining of supplemental information from each applicant to assess his or her qualifications if the publicized job announcement includes notice that such supplemental information may be required. Only those applicants who are considered the most qualified, based on this assessment, may continue in the competition.

     6.  Except as otherwise provided in subsection 8, competition in a promotional recruitment is limited to current state employees who:

     (a) Have served at least 6 months of continuous full-time equivalent service in a probationary, special disabled, emergency, provisional or permanent status, or any combination of these, in the classified service.

     (b) Are working in the division, department or state service which is specified in the publicized job announcement.

     7.  An employee who competes in a promotional recruitment may be at a higher grade, the same grade or a lower grade than the grade of the class for which the recruitment is being conducted.  Depending on the grade of the employee, an appointment resulting from a promotional recruitment may be a voluntary demotion, a lateral transfer or a promotion.

     8.  A former incumbent of a seasonal position who was separated from state service with the status of a permanent employee may apply for a promotional recruitment up to 1 year after the day of separation even though he or she is not currently employed.  The prior appointment must have been in the division, department or state service which is specified in the publicized job announcement.

     9.  Applications and accompanying documents are the property of the Division of Human Resource Management.

     [Personnel Div., Rule IV § F, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 7-14-88; 8-1-91; 7-6-92; A by Personnel Comm'n by R183-03, 1-27-2004; R144-05, 12-29-2005)

 

NRS 284.220  Certificates of general or special qualifications.
NRS 281.375  Application for employment: Volunteer work must be considered.
NRS 179A.190  Notice of information may be disseminated to employers; use by employer; employer not liable for discrimination; other dissemination or release; offenses for which notice may be disseminated.
 

      NAC 284.317  Investigations of applicants; minimum age requirement. (NRS 284.065, 284.155, 284.295)  

     1.  To determine whether an applicant meets the minimum qualifications established for the class or position and other necessary criteria, the Division of Human Resource Management may require evidence of United States citizenship, alien status, discharge under honorable circumstances from the Armed Forces of the United States, possession of valid licenses for various purposes, educational transcripts or other evidence of identification and qualification.  Except as otherwise provided in NAC 284.325 with respect to a request for a veteran's preference, any required information which is not received by the time of certification will be cause for the Administrator to decline to certify the applicant.

     2.  A reasonable minimum age requirement may be established for any position that involves public safety, supervision or care of wards of the State of Nevada, hazardous working conditions or other unusual circumstances. If such a minimum age requirement is established, it must be specified in the approved class specification or the publicized job announcement and an applicant shall, upon request, submit appropriate proof of age to the Division of Human Resource Management.

     3.  The Division of Human Resource Management or employing agency may investigate an applicant's character, past employment, education, experience and, as allowed by specific statute, criminal background.

     [Personnel Div., Rule IV part § A, eff. 8-11-73; Rule IV § B, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 7-6-92; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.302)

 

     NAC 284.321  Convictions:  Disclosure; factors for consideration. (NRS 284.065, 284.155, 284.295)  

     1.  Any applicant who has a record of a criminal conviction as an adult shall so indicate on his or her application. The application must be accompanied by a complete explanation of the conviction. The failure of the applicant to authorize the release of the information which relates to the conviction of a crime is cause for rejection of the applicant.

     2.  Any applicant who has a record of conviction for any moving traffic violations within the previous 5 years shall so indicate on his or her application, including the dates and nature of the violations and the fines imposed.

     3.  The Division of Human Resource Management or its designated representative, in determining whether to accept or refuse the application for a class, position or state service, will consider the type of position, the relevant statutory provisions, the intervening amount of time since the offense, the applicant's age at the time of the offense and, if applicable, the applicant's conduct during incarceration and any parole or probation, the reports from parole or probation officers concerning the applicant's record of employment while on parole or probation and related factors.

     4.  All relevant public records must be made available to the appointing authority upon its request.

     [Personnel Div., Rule IV § E, eff. 8-11-73; A 6-9-74]-(NAC A by Dep't of Personnel, 10-26-84; 5-27-86)-(Substituted in revision for NAC 284.314)

 

NRS 284.260  Preferences for veterans and members of Nevada National Guard: Additional credits on examination.

 

     NAC 284.325  Preferences for veterans. (NRS 284.065, 284.155, 284.205, 284.250)   An applicant must declare his or her intention to request veterans' preference points pursuant to NRS 284.260 before the examination.  Proof of eligibility for preference as a veteran must be submitted no later than the last day on which the applicant takes the last phase of the ranking portion of the examination.  If the examination is a promotional examination, the placement of the employee's name on the promotional list exhausts the veterans' preference points for that employee for all future promotional examinations.

     [Personnel Div., Rule IV § L, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.342)

 

NRS 284.210  Competitive examinations: Requirements; contents; persons conducting examinations.

NRS 284.215  Examination of persons with disabilities.

NRS 284.230  Time and place of holding examination; use of public buildings.

NRS 284.235  Designation of persons to assist in examinations.

 

     NAC 284.329  Competitive examinations:  Use and administration. (NRS 284.065, 284.155, 284.205, 284.384)  

     1.  Except as otherwise provided in this chapter and chapter 284 of NRS, an appointment to or within the classified service must be made through the use of competitive examinations.

     2.  Examinations may be:

     (a) Structured or unstructured;

     (b) Scored or unscored;

     (c) Written or oral;

     (d) In the form of a demonstration of skill or technical knowledge;

     (e) An evaluation of training and experience; or

     (f)  Any combination of paragraphs (a) to (e), inclusive.

     3.  Examinations which measure an applicant's capacity, manual skill and physical fitness may be used if such capacity, skill or fitness is related to the job.

     4.  Examination materials, including questions and scratch paper, are the property of the Division of Human Resource Management.

     5.  The administration of an examination may be modified for the purpose of more fairly testing the abilities of a qualified person with a disability if the modification does not alter the reliability and validity of the examination.

     6.  If a grievance is filed concerning an examination in accordance with NAC 284.658 to 284.6957, inclusive, the Administrator will not fill any vacancy from the list established by the 

examination unless the Administrator determines that there is an urgent and compelling need to fill that vacancy.

     [Personnel Div., Rule IV part § A, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 11-12-93; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.298)

 

     NAC 284.333  Centers for assessment:  Selection and training of assessors; administration of examinations. (NRS 284.065, 284.155, 284.205, 284.210)  

     1.  Assessors of a center for assessment must be selected:

     (a) From at least two different departments; or

     (b) From a combination of departments or other public or private employers.

     2.  Each assessor must be trained in the method of examination used by the center for assessment before he or she examines an applicant.

     3.  Oral, written and performance exercises administered by a center for assessment must:

     (a) Be administered under standardized conditions;

     (b) Be related to the performance of the job;

     (c) Be evaluated by more than one assessor; and

     (d) Measure the skills, knowledge and other attributes of a person which are important to his or her successful performance of the job.

     (Added to NAC by Dep't of Personnel, eff. 11-12-93; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.300)

 

NRS 284.253  Preference on list for residents of Nevada.

 

     NAC 284.338  Minimum passing scores; computation of final scores. (NRS 284.065, 284.155, 284.205, 284.250)  

     1.  The passing score for placement on an eligible list will be determined by the Division of Human Resource Management based on a consideration of the difficulty of the test, the quality of the competition and the needs of the service.

     2.  The final earned score will be determined by computing the score on each phase of the examination according to the relative weights which are assigned.

     3.  Unless otherwise specified in the publicized job announcement, a competitor must pass each phase of the examination to proceed to the next phase of the examination.  Each competitor must obtain a final passing score exclusive of preferences for residents or veterans.

     [Personnel Div., Rule IV § K, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004)

 

     NAC 284.341  Review of examinations; disputes regarding results. (NRS 284.065, 284.155, 284.205, 284.384)  

     1.  Except as otherwise provided in this section, within 10 working days after the date of the postmark on a notification of a grade pertaining to an examination, a candidate or a representative to whom the candidate has provided written authorization may review the results of the candidate's examination as follows:

     (a) If the examination was written, the Division of Human Resource Management will review with the candidate or his or her representative the cover sheet of the examination taken by the candidate which lists both the areas of subject matter included in the written examination and the number of correct and incorrect responses in those areas.

     (b) If the examination was a rating of training and experience, the Division of Human Resource Management will review with the candidate or his or her representative the scores received on each phase of the rating plan.

     (c) If the examination was oral, the Division of Human Resource Management will review with the candidate or his or her representative the taped record of the candidate's oral examination.  The candidate or his or her representative may also review general areas of the oral examination in which the candidate gave incorrect answers, the oral questions and the procedures or methods of examination.

     (d) If the examination was conducted by a center for assessment, the Division of Human Resource Management will review with the candidate or his or her representative the final scores or the summary evaluation, or both.

     2.  Items which are reviewed by the Division of Human Resource Management and found to be incorrect must be revised or eliminated.

     3.  A candidate or his or her representative may not review the correct answers to questions answered incorrectly on an examination, regardless of its type, if the examination is copyrighted, standardized, on loan from another jurisdiction, used for more than one class or used on a continuous basis.

     4.  In the case of an oral examination, answers suggested as a guideline and board members' remarks and consensus ratings are confidential and may not be reviewed by the applicant or his or her representative.

     5.  In the case of an examination conducted by a center for assessment, oral, written and performance exercises, assessors' remarks and individual ratings are confidential and may not be reviewed by the applicant or his or her representative.

     6.  If the candidate disagrees with and wishes to dispute the results of his or her examination, he or she must submit a written request for review by the Division of Human Resource Management within 10 working days after receiving the results.  Such a request must include the specific areas of dispute.  If a candidate is not satisfied with the decision of the Division of Human Resource Management and he or she is a permanent state employee, the candidate may file a statement of grievance pursuant to NAC 284.678 to appeal that decision to the Committee.

     [Personnel Div., Rule IV § N, eff. 8-11-73]-(NAC A by Dep't of Personnel, 8-26-83; 10-26-84; 8-28-85; 9-30-88; 11-12-93; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.346)

 

     NAC 284.345  Correction of errors in rating, scoring or computing results. (NRS 284.065, 284.155, 284.205, 284.250)  

     1.  If the Division of Human Resource Management finds that any error occurred in rating, scoring or computing the results of an examination, the Division of Human Resource Management will make the appropriate correction on the eligible list.

     2.  If the Administrator or the Committee determines that the error was intentional, an appointment previously made from the eligible list may be invalidated.

     [Personnel Div., Rule IV § O, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.350)

 

     NAC 284.349  Retaking examination for same class. (NRS 284.065, 284.155, 284.205)  

     1.  An applicant may retake an examination for the same class after 60 days have elapsed from the date of the previous examination if:

     (a) The Division of Human Resource Management is recruiting for the class which was the subject of the previous examination; and

     (b) The applicant meets the conditions of the recruitment.

     2.  An applicant may retake an examination for the same class before 60 days have elapsed from the date of the previous examination if the Division of Human Resource Management is recruiting for the class which was the subject of the previous examination, the applicant meets the conditions of the recruitment and:

     (a) The applicant has demonstrated that he or she has gained additional qualifications which indicate that he or she may be able to improve his or her score on the training and experience portion of the examination; or

     (b) The examination is a measure of the applicant's manual skill or physical agility.

     3.  When an applicant retakes an examination for the same class, the score of the most recent examination will determine eligibility and will replace the score of the previous examination.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 11-16-95; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.340)

 

     NAC 284.353  Allocation of time used by employees for examinations and interviews. (NRS 284.065, 284.155, 284.345)  

     1.  Upon giving reasonable notice to his or her immediate supervisor, a qualified employee must be permitted to take an appropriate amount of released time to participate in any examination given by the Division of Human Resource Management or its designated representative during work hours.  Such time is equivalent to time which is worked.

     2.  The time spent participating in an examination which exceeds the normal workday or workweek does not qualify for overtime.

     3.  For the purpose of this section, an employment interview for a position in the classified service, unclassified service or nonclassified service of the State of Nevada is considered to be part of the examination process.

     [Personnel Div., Rule IV § G, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004)-(Substituted in revision for NAC 284.322)

   

     NAC 284.358  Types of lists and priority for use. (NRS 284.065, 284.155, 284.250, 284.327)  

     1.  The types of lists of eligible persons and the priority for their use are as follows:

     (a) Reemployment lists.

     (b) Lists of persons with disabilities who are eligible for temporary limited appointments pursuant to NRS 284.327, at the option of the appointing authority.

     (c) Transfer lists, at the option of the appointing authority.

     (d) Divisional promotional lists.

     (e) Departmental promotional lists.

     (f) Statewide promotional lists.

     (g) Lists of persons determined to be eligible from open competitive recruitments.

     (h) Lists of eligible persons of comparable classes.

     2.  The names on each list must be used as prescribed in NAC 284.361.

     3.  The open and promotional lists referred to in paragraphs (d) to (h), inclusive, of subsection 1 must be:

     (a) Based on the type of recruitment prescribed by the Division of Human Resource Management; and

     (b) Described in the publicized job announcement.

Ê The establishment of any other type of list from the initial recruitment must be in accordance with NAC 284.367.

     [Personnel Div., Rule V § A, eff. 8-11-73]-(NAC A by Dep't of Personnel, 4-20-90; 7-6-92; A by Personnel Comm'n by R183-03, 1-27-2004)

 

NRS 284.255  Appointments to be made from appropriate lists.
NRS 284.265  Notice of new positions and vacancies: Certification of names by Administrator.
NRS 284.172  List of positions in classified service primarily performing data processing; approval of new position or reclassification to position on list.

 

     NAC 284.360  Reemployment lists; certification or waiver of lists. (NRS 284.065, 284.155, 284.250)

     1.  Upon receipt of the appropriate form from an appointing authority for a list of eligible candidates in a specific class, the Division of Human Resource Management will verify the availability of a reemployment list for that class.  If a reemployment list is available, the Division of Human Resource Management will provide the reemployment list to the appointing authority.  Eligible persons who appear on reemployment lists are ranked in order of seniority. Except as otherwise provided in subsection 2 of NAC 284.6017, placement on a reemployment list will be determined using the criteria governing the determination of seniority for layoff pursuant to NAC 284.632.

     2.  If there is no reemployment list available, the Division of Human Resource Management will, in accordance with subsections 3 and 4, certify the names of eligible persons on ranked or unranked lists, or waive the list.

     3.  The names of eligible persons on ranked lists will appear in the order of the total rating which they earned in the examination, including preferences for veterans and residents.

     4.  The Division of Human Resource Management may certify a list of eligible applicants who are not ranked, or may waive the list, for:

     (a) A class that is grade 20 or below;

     (b) A class designated in the classification plan as entry level; or

     (c) A class designated in the classification plan as a class for which applicants for promotion are not normally available.

     5.  Eligible persons who have requested a transfer and persons with disabilities who are eligible for temporary limited appointments pursuant to NAC 284.364 will be certified on the same list as other eligible persons and may be considered at the option of the appointing authority.

     6.  Only an eligible person who has indicated the willingness to accept the location of the vacancy and the other conditions of employment will be certified.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A by Personnel Comm'n by R183-03,

1-27-2004; R024-05, 10-31-2005)

 

     NAC 284.361  Use of lists and consideration of eligible persons. (NRS 284.065, 284.155, 284.250)   When using lists of persons who are eligible and considering eligible persons who have been certified, the following conditions apply:

     1.  When a reemployment list is certified:

     (a) Eligible persons who are available for appointment and who are certified on reemployment lists, other than seasonal reemployment lists, must be hired in the order in which they appear unless the appointing authority, upon submitting written justification, obtains the written concurrence of the Governor to deviate from the order of priority or to hire from another list. The appointing authority must make the written justification available for examination by affected persons or their designated representatives.

     (b) A person must accept or refuse an offer of reemployment:

            (1) If the offer of reemployment is sent by mail to the person, within 6 calendar days after the postmarked date appearing on the envelope in which the offer was mailed; or

            (2) If the offer is an oral offer of reemployment, within 3 business days after the oral offer has been made.

     2.  The appointing authority may request selective certification for a particular position if the normal method of certification does not provide candidates qualified to perform the duties of the position satisfactorily. Where selective certification is necessary, the appointing authority shall furnish in writing the special requirements peculiar to the position and his or her reasons therefore. If the facts and reasons justify such a method of selection, the Division of Human Resource Management may certify the highest ranking eligible persons who possess the special qualifications.

     3.  Certification of only eligible persons who are the same sex will not be made unless there is clear evidence that the duties assigned could be performed efficiently only by the sex specified.

     4.  When using ranked lists other than those for reemployment, the appointing authority shall attempt to communicate, as provided in NAC 284.373, with at least 5 persons in the first 10 ranks to determine their availability and qualifications. The names on each type of list must be considered before names from the next succeeding list. If there are fewer than 10 ranks with persons who are available for appointment on a given list and the appointing authority requests a full complement of 10 ranks, the name or names at the top of the next succeeding list must be combined with those on the preceding list to establish 10 eligible ranks with persons who are available for appointment. Except as otherwise provided in subsection 6, all competitive appointments from ranked lists must be made from the persons who:

     (a) Are in a rank of persons who received the 10 highest scores on the examination; and

     (b) Are available for appointment.

     5.  If the list is unranked or waived, the appointing authority shall attempt to communicate, as provided in NAC 284.373, with at least five eligible persons he or she deems most qualified based

upon a review of their respective qualifications as they relate to the position or class, or with all of

the eligible persons if there are five or less. Except as otherwise provided in subsection 1, any eligible person who is certified from an unranked or waived list may be appointed.

     6.  If persons from fewer than five ranks of eligible persons are willing to accept appointment:

     (a) The appointing authority may make an appointment from among those remaining available eligible persons.

     (b) Certification and appointment may be made from other appropriate lists, including lists of higher grades as determined by the Division of Human Resource Management. The names from other lists will follow those which have been certified, if any, from the original lists.

     (c) A new recruitment may be conducted.

     (d) A provisional appointment may be made only if the requirements of NAC 284.406 are met.

     [Personnel Div., Rule V § F, eff. 8-11-73; A 2-5-82]-(NAC A by Dep't of Personnel, 10-26-84; 7-21-89; 11-16-95; 11-16-95; R082-00, 8-2-2000; A by Personnel Comm'n by R069-02, 8-14-2002; R183-03, 1-27-2004; R025-13, 10-23-2013)-(Substituted in revision for NAC 284.378)

 

NRS 284.250  Regulations for establishment of lists of eligible persons; limitation on term of eligibility.

NRS 284.410  False statement or report; fraud.

NRS 284.420  Obstruction of right to examination, eligibility, certification or appointment; furnishing special or secret information.

NRS 284.425  Member of subversive organization ineligible for appointment or employment in public service.

NRS 284.155  Regulations for classified service.

NRS 284.309  Waiver of examination if fewer than five qualified applicants.

NRS 284.320  Appointments requiring exceptional scientific, professional or expert qualifications.

NRS 284.327  Temporary limited appointment of persons with disabilities.

 

     NAC 284.364  Lists of persons with disabilities who are eligible for temporary limited appointments. (NRS 284.065, 284.155, 284.250, 284.327)  

     1.  Pursuant to NRS 284.327, the Rehabilitation Division of the Department of Employment, Training and Rehabilitation may provide to the Division of Human Resource Management the names of persons with disabilities certified by the Rehabilitation Division who are eligible for temporary limited appointments of 700 hours' duration. Upon receipt from the Rehabilitation Division of the job applications and job recommendations, the Division of Human Resource Management will evaluate the information against the job requirements and minimum qualifications of the recommended classes. Through noncompetitive means, the names of qualified persons will be placed in a 700-hour category on the eligible list and certified to the requesting agency for consideration.

     2.  A current probationary or permanent state employee who occupies a permanent full-time position is not eligible for the provisions of this section unless his or her disability jeopardizes his or her continued employment in his or her present position and placement on the list does not merely circumvent the provisions of this chapter governing promotion or transfer.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 12-26-91; 7-6-92; R098-99, 9-27-99; A by Personnel Comm'n by Rl83-03, 1-27-2004)

 

     NAC 284.367  Promotional lists:  Use; order of names. (NRS 284.065, 284.155, 284.250)  

     1.  If a promotional list of eligible persons is used to fill a vacancy after the initial recruitment:

     (a) The recruitment which created the list must have been open to employees of the appointing authority which requests the list; and

     (b) The order of names must be changed to reflect the priority prescribed by NAC 284.358.

     2.  Certification may be made from the names highest on the list after promotional or promotional and open lists for the class are combined if either of the following occurs:

     (a) The appointing authority certifies in writing to the Division of Human Resource Management that, in accordance with the provisions of NAC 284.297, it is in the best interest of the agency to expand the certification to allow eligible persons from other groups to be considered on the basis of merit.

     (b) One or more promotional lists exist for a class which otherwise qualifies for open competition because the class is designated in the classification plan as entry level or as a class which normally has a lack of promotional candidates.

Ê If lists are combined, the names on the list must be in order of merit.

     3.  At the request of an appointing authority, one or more promotional lists must be established from an existing open competitive list and certified for a vacancy.

     4.  A list of eligible persons established from a recruitment in which the order of priority was changed must not be certified in that order for a new vacancy unless the appointing authority complies with the provisions of paragraph (a) of subsection 2. These names will be used to establish one or more lists as may be appropriate.

     (Added to NAC by Dep't of Personnel, eff. 6-18-86; A 4-20-90; A by Personnel Comm'n by

R024-05, 10-31-2005)

 

     NAC 284.370  Integration of subsequent lists. (NRS 284.065, 284.155, 284.250)  

     1.  The names of eligible persons on current lists may be integrated onto subsequent lists for the same class if there has been no material change in the qualification requirements. If the list is a ranked list, the names of eligible persons will be integrated according to the final scores of those eligible persons.

     2.  As used in this section, "material change" includes, without limitation, a change in the minimum qualifications for the class or the subject matter, scope or weights of various phases of the examination.

     [Personnel Div., Rule V § D, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; R082-00, 8-2-2000; A by Personnel Comm'n by R183-03, 1-27-2004; R141-07, 1-30-2008)

 

     NAC 284.371  Correction of errors in certification. (NRS 284.065, 284.155, 284.250)   If the Division of Human Resource Management finds that an error occurred which resulted in a failure to properly certify a name to an agency, the Division of Human Resource Management will take appropriate action to correct the error. The correction will not invalidate any appointment which was previously made from the certification unless the Administrator or Commission determines, pursuant to subsection 2 of NAC 284.345, that the appointment should be invalidated because the error was intentional.  

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A by Personnel Comm'n by Rl83-03, 1-27-2004)-(Substituted in revision for NAC 284.380)

     

     NAC 284.373  Inquiry of availability of eligible person. (NRS 284.065, 284.155, 284.250)  

     1.  While an eligible person may be contacted to determine his or her availability, no attempt may be made to obtain a waiver in order to alter the ranking of any person on the list.

     2.  An eligible person must respond to an inquiry of availability within:

     (a) Six days after an inquiry by mail has been postmarked;

     (b) Two days after an inquiry by electronic mail has been sent;

     (c) Twenty-four hours after a written inquiry is hand-delivered;

     (d) Twenty-four hours after an oral inquiry has been made if the oral inquiry was made during a conversation with the eligible person; or

     (e) If an oral inquiry by telephone was attempted and a voicemail or other similar kind of electronic message was left, 2 days after that message was left.

     3.  An exception to a time limit may be granted by the originating agency.

     [Personnel Div., Rule V § G, eff. 8-11-73; A 4-4-78]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004; R024-13, 10-23-2013)-(Substituted in revision for NAC 284.382)

 

     NAC 284.374  Active lists:  Removal and reactivation of names; refusal to consider certain persons. (NRS 284.065, 284.155, 284.250, 284.295)  

     1.  The names of eligible persons will be removed from the active lists for any of the following causes:

     (a) Appointment after certification to fill a full-time permanent position in the class for which the examination was given.

     (b) Expiration of the term of eligibility.

     (c) Separation of a person who is eligible for promotion from the state service.

     (d) Failure by an eligible person to respond within the required time to an inquiry of availability.

     (e) A statement by the eligible person that he or she is not willing to accept any type of appointment from the eligible list.

     (f) Any of the causes listed in NRS 284.240 pursuant to which the Administrator may refuse to examine or certify an eligible person, failure to disclose convictions as required by NAC 284.321 or, if the employee has been laid off, reemployment pursuant to subsection 7 of NAC 284.630.

     2.  An appointing authority need not consider an eligible person more than one time from a recruitment.  Consideration of an applicant for other than full-time permanent positions must not be counted for the purposes of this subsection.

     3.  An appointing authority need not consider an otherwise eligible person who cannot perform the essential functions of the position with or without reasonable accommodation.

     4.  An appointing authority may refuse to consider an eligible person who has been subject to a suspension, demotion or termination as a result of an upheld or uncontested disciplinary action in the preceding 12 months.  The 12-month period begins on the effective date of the uncontested action or, if it is contested, on the date the hearing officer issues a final decision upholding a suspension, demotion or termination.  If an employee is removed from consideration pursuant to this subsection, the appointing authority must notify the employee of that fact in writing before interviewing the next candidate or making its selection.  The employee has 3 working days after being notified that he or she has been removed from consideration pursuant to this subsection to notify the appointing authority of any discrepancy in the information in his or her personnel file which led to the removal of the employee from consideration.  The appointing authority may not make its selection:

     (a) If the employee does not notify the appointing authority of a discrepancy, until after the end of the period pursuant to which the employee may notify the appointing authority of a discrepancy; or

     (b) If the employee notifies the appointing authority of a discrepancy, until after the appointing authority determines whether the removal of the employee from consideration pursuant to this subsection was appropriate.

     5.  An appointing authority shall refuse to consider an eligible person whose appointment to a position will violate NRS 281.210, NAC 284.375 or a policy approved by the Commission pursuant to NAC 284.375.

     6.  An eligible person whose name has been removed from an active list may request that his or her name be reactivated by stating his or her reasons for the request.  If the Division of Human Resource Management determines that the reasons are justified, and the person's term of eligibility has not otherwise expired, his or her name may be reactivated.

     [Personnel Div., Rule V § E, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 7-21-89; 12-26-91; 7-1-94; 8-16-96, eff. 10-1-96; A by Personnel Comm'n by R069-02, 8-14-2002; R182-03, 1-27-2004; R143-05 & R144-05, 12-29-2005; R023-13, 10-23-2013)

 

NRS 284.240  Grounds for refusal to examine or certify.

NRS 284.245  Statement of Administrator upon refusal to examine or certify; appeal to Commission.

 

    NEW Appeal of refusal to examine or certify.

1. An applicant affected by the refusal of the Administrator to examine the applicant or an eligible person affected by the refusal of the Administrator to certify the eligible person may file a written appeal of the action with the Administrator not later than 30 days after the applicant or eligible person receives from the Administrator, in accordance with subsection 1 of NRS 284.245, a statement of the reasons for the refusal to examine or the refusal to certify, as applicable. The appeal must:

(a) Address the points outlined in the statement; and

(b) Indicate the points in the statement with which the applicant or eligible person disagrees and express the reasons for the disagreement.

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

(a) He or she is prohibited from doing so because of the number of appeals resulting from other determinations regarding his or her refusal to examine or certify;

(b) There is an agreement with the applicant or eligible person 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 working days after the Administrator received the appeal.

4. An applicant or eligible person may, within 30 working days after receipt of written notice issued pursuant to subsection 2 or 3 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 issued pursuant to subsection 2 or 3 regarding the refusal to examine or certify the applicant or eligible person; and

(d) Indicate the points in the decision with which the applicant or eligible person disagrees and express the reasons for the disagreement.

(Added to NAC by Personnel Comm’n by R100-16, eff. 11-2-2016)


NRS 284.145  Appointment to position in unclassified service from registers of eligible persons.

NRS 281.210  Officers of State, political subdivision and Nevada System of Higher Education prohibited from employing relatives; exceptions; penalties. 

NRS 284.305  Provisions and regulations for filling positions in classified service without competition.

NRS 613.333  Unlawful employment practices: Discrimination for lawful use of any product outside premises of employer which does not adversely affect job performance or safety of other employees.

NRS 284.415  Receipt or payment of consideration for appointment or promotion.

 

     NAC 284.375  Appointing authority prohibited from appointing related persons under certain circumstances; exceptions. (NRS 284.065, 284.155)  

     1.  Except as otherwise provided in subsection 2 and NRS 281.210, an appointing authority shall not appoint a person to a position in the classified service on or after:

     (a) October 1, 1996, if, upon his or her appointment, the person will be in the direct line of authority of:

            (1) A spouse, child, parent or sibling of the person;

            (2) The spouse of a child, parent or sibling of the person; or

            (3) An aunt, uncle, niece, nephew, grandparent, grandchild or first cousin of the person.

     (b) September 6, 2001, if, upon his or her appointment, the person will be in the direct line of authority of a person with whom he or she is in a dating relationship.

     2.  An appointing authority may adopt a written policy authorizing the appointment of persons to a position or class of positions that would otherwise be prohibited by the provisions of subsection 1 if the appointing authority determines that, for the positions for which the policy applies, the enforcement of the provisions of subsection 1 will be impracticable and cause an undue hardship to the appointing authority. In making this determination, the appointing authority may consider, among other factors, the difficulty in recruiting applicants for the positions for which the policy applies.

     3.  A written policy adopted pursuant to subsection 2:

     (a) Must comply with the provisions of NRS 281.210; and

     (b) Is effective upon approval by the Commission.

     (Added to NAC by Dep't of Personnel, 8-16-96, eff. 10-1-96; A by R058-01, 9-6-2001; A by Personnel Comm'n by R183-03, 1-27-2004)

 

     NAC 284.377  Persons who become related after appointment:  Appointing authority required to take corrective action; notification of appointing authority required. (NRS 284.065, NRS 284.155)  

     1.  Except for relationships allowed pursuant to NRS 281.210 and NAC 284.375, if a supervisor and an employee who is in the direct line of authority of the supervisor become related or involved in a dating relationship after the supervisor and employee have been appointed to their respective positions, the appointing authority shall ensure that, as soon as practicable, the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.

     2.  A supervisor who becomes related to, or involved in a dating relationship with, an employee in the direct line of authority of the supervisor shall notify the appointing authority within 10 working days after the supervisor and employee become related or involved in the dating relationship.

     3.  Upon receiving notification of a relationship from a supervisor pursuant to subsection 2, the appointing authority shall request from each of the employees involved a recommendation for action to be taken to ensure that the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.

     4.  In determining the manner in which to comply with the provisions of subsection 1, the appointing authority is not required to accept a recommendation for action to be taken submitted pursuant to this section.

     (Added to NAC by Dep't of Personnel, 8-16-96, eff. 10-1-96; A by R058-01, 9-6-2001)

 

NRS 284.254  Preference on list for person separated from service because agency terminated.

NRS 284.330  Reinstatement of permanent appointee after separation without prejudice.

NRS 284.380  Layoffs; reemployment lists.

NRS 286.440  Redeposit of withdrawn contributions upon return to service: Procedure.

 

     NAC 284.386  Reinstatement of former permanent employee. (NRS 284.065, 284.155, 284.305)  

     1.  An appointing authority may reinstate a former permanent employee following his or her termination from state employment, including, without limitation, a former permanent employee who was laid off and is entitled to have his or her name appear on a reemployment list pursuant to NAC 284.630, if the former permanent employee was separated without prejudice. A separation without prejudice must be determined by the appointing authority using the standards contained in NRS 284.240.

     2.  The grade of the class to which a person is reinstated may only exceed the current grade of the class he or she formerly held or a comparable class if that class has been reallocated.

     3.  Except as otherwise provided in subsection 2, a person may not be reinstated to underfill a position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the person formerly held.

     4.  A reinstatement to a similar class requires the approval by the Division of Human Resource Management before the appointing authority may make a commitment to reinstate.

     5.  It is the responsibility of a person seeking reinstatement to make his or her interest known by providing a new application to the appointing authority.

     6.  The person must meet the current minimum qualifications for the class for which the reinstatement is sought.

     [Personnel Div., Rule VI § C, eff. 8-11-73; A 10-10-76]-(NAC A by Dep't of Personnel, 8-26-83; 10-26-84; 10-18-89; 11-12-93; 10-27-97; A by Personnel Comm'n by R183-03, 1-27-2004; R009-14, 6-23-14)

 

NRS 284.375  Conditions.

 

     NAC 284.390  Transfers initiated by employees. (NRS 284.065, 284.155, 284.375)  

     1.  An employee may request a transfer from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority if the positions are in the same class or a comparable class.

     2.  An employee who wishes a transfer to a position in the same class must:

     (a) Make his or her interest known to the hiring agency; or

     (b) Submit a request for a transfer to the Division of Human Resource Management to have his or her name placed on a transfer list for a position in the same class.

     3.  For a transfer to a position in a comparable class:

     (a) The employee must submit an application to the hiring agency; and

     (b) The Division of Human Resource Management must approve the request for a transfer.

     4.  An employee may not transfer through noncompetitive means to underfill a position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the employee currently occupies.

     [Personnel Div., Rule VI § D subsecs. 1-4, eff. 8-11-73]-(NAC A by Dep't of Personnel, 8-26-83; 10-26-84; 6-18-86; 7-21-89; 8-1-91; 10-27-97; A by Personnel Comm'n by R183-03, 1-27-2004)

 

NRS 284.376  Involuntary transfer; hearing; remedies.

 

     NAC 284.394  Transfers initiated by appointing authorities. (NRS 284.065, 284.155, 284.375)  

     1.  Except as otherwise provided in subsection 2, an appointing authority may, after giving 5 working days' notice, transfer for the convenience of this State any employee to another position in:

     (a) The same class; or

     (b) A comparable class with the approval of the Division of Human Resource Management.

     2.  The notice required by subsection 1 need not be given if the transfer does not exceed 10 working days. If a bona fide or justifiable emergency exists, a transfer may be made immediately with the prior approval of the Division of Human Resource Management.

     3.  A transfer pursuant to this section must not be made to harass or discipline an employee.

     4.  A permanent employee who is required to transfer to a different geographical location and who declines the transfer has the same rights provided in NAC 284.630 as an employee who is laid off.

     5.  If an employee requests a hearing to appeal an involuntary transfer pursuant to NRS 284.376, the appointing authority may temporarily assign the employee, on a per diem basis, to transfer pending disposition of the appeal.

     6.  As used in this section, "geographical location" has the meaning ascribed to it in NAC 284.612.

     [Personnel Div., Rule VI § D subsec. 5, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-18-89; A by Personnel Comm'n by R183-03, 1-27-2004; R042-15, 12-21-2015)

 

NRS 284.360  Leave of absence without pay.
NRS 284.3775  Transfer of certain employees in Judicial Branch, unclassified service or Legislative Branch to classified service; exceptions; rights of employee in classified service who accepted position in Legislative Branch.

 

     NAC 284.398  Transfers to classified service; certain transfers to unclassified service. (NRS 284.065, 284.155, 284.375)  

     1.  An unclassified employee who has less than 4 months of service and whose appointment was immediately preceded by an appointment in the classified service in which the person was a permanent employee may transfer back into the classified service under the same conditions and with the same benefits as classified employees, except that the duties and compensation of the position to which the person is transferred must be similar, as determined by the Division of Human Resource Management, to either the unclassified position or to a previously held classified position.

     2.  Employees of any governmental agency which is acquired for administration by the State pursuant to NRS 284.022 may transfer into the classified service or unclassified service with the rights and benefits authorized by the Legislature.

     3.  An employee who transfers into the classified service:

     (a) Must complete an application and meet the minimum qualifications for the class of the position to which he or she is transferring;

     (b) Must have his or her date of transfer and appointment to the classified position effective immediately following the last day of employment in the unclassified or nonclassified position unless he or she was employed as a legislative employee at the conclusion of a regular session of the Legislature to whom subsection 8 of NRS 284.3775, as amended by section 2 of Senate Bill No. 510, chapter 355, Statutes of Nevada 2015, at page 1993, applies; and

     (c) May retain the credits which he or she has earned for annual and sick leave .

     [Personnel Div., Rule VI § D subsec. 6, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 7-14-88; 1-22-90; 8-1-91; 3-23-94; R146-01, 1-18-2002; A by Personnel Comm'n by R183-03, 1-27-2004; R043-15, 12-21-2015)

 

     NAC 284.400  Acceptance of new appointment:  Notice to current appointing authority. (NRS 284.065, 284.155)   An employee who accepts an appointment to a position under the jurisdiction of another appointing authority shall provide not less than 2 weeks' written notice to his or her current appointing authority before beginning service in the new position, unless the employee and both appointing authorities mutually agree to a shorter period of notice.

     (Added to NAC by Dep't of Personnel, eff. 11-16-95; A by Personnel Comm'n by R183-03, 1-27-2004)

 

     NAC 284.402  Voluntary demotions. (NRS 284.065, 284.155, 284.305)  

     1.  Except as otherwise provided in this section, an employee may request or accept a demotion to a position in a class with a lower grade.  The demotion may be permitted if the employee meets the minimum qualifications and if the appointing authority approves.

     2.  An employee may not be demoted through noncompetitive means to underfill a position at grade 30 or higher if the position for which the employee is requesting or accepting a demotion is allocated at a higher grade than the position the employee currently occupies.

     [Personnel Div., Rule VI § E, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 10-27-97; A by Personnel Comm'n by R183-03, 1-27-2004)

 

     NAC 284.404  Reappointments. (NRS 284.065, 284.155, 284.305)  

     1.  A current employee may be reappointed to a class he or she formerly held or to a comparable class if:

     (a) The employee meets the current minimum qualifications and the appointing authority approves the reappointment; and

     (b) For a reappointment to a comparable class, the Division of Human Resource Management approves the reappointment.

     2.  An employee who desires reappointment must make his or her interest known to the hiring agency.

     3.  The grade of the class to which an employee is reappointed may only exceed the grade of the class he or she formerly held or a comparable class if the former or comparable class has been reallocated.

     4.  Except as otherwise provided in subsection 3, an employee may not be reappointed to underfill a position at grade 30 or higher if that position is allocated at a higher grade than the position the employee formerly held.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 8-1-91; 10-27-97; A by Personnel Comm'n by R183-03, 1-27-2004)

    NEW Reassignment: Process for placement of a classified employee with a disability as part of the accommodation process.

1. The Division of Human Resource Management shall assist an appointing authority with the reassignment of an employee with a disability who is unable to perform the essential functions of his or her position with or without reasonable accommodation by identifying any vacant or soon to be vacant positions for which the employee meets the minimum qualifications. Those vacant or soon to be vacant positions may include positions that are outside of the geographical location of the employee. A refusal by the employee of an offer of a position that is outside of the geographical location of the employee will not affect the employee’s reassignment rights pursuant to this section. The employee will continue to be referred to positions pursuant to this section until the reassignment rights of the employee are exhausted in accordance with subsection 10.

2. The appointing authority of the employee shall, through the interactive process, determine if a vacant or soon to be vacant position at the employee’s current grade exists within the employee’s agency. If such a position is identified and the employee meets the minimum qualifications, as determined by the Division of Human Resource Management pursuant to NAC 284.317, and is able to perform the essential functions of the position with or without reasonable accommodation, the appointing authority shall offer the employee the position unless the appointing authority demonstrates that such an appointment would cause an undue hardship to the appointing authority.

3. If the appointing authority of the employee is not able to reassign the employee pursuant to subsection 2, the appointing authority of the employee shall notify the Division of Human Resource Management. For at least 30 days after receipt of the notification, the Division of Human Resource Management shall place the employee on reassignment lists for any vacant or soon to be vacant positions being filled at the grade of the current position of the employee if the employee meets the minimum qualifications for the positions and has expressed an interest in those positions. If such a position is determined to be available and it is determined through the interactive process that the employee is able to perform the essential functions of the position with or without reasonable accommodation, the employee must be offered the position unless it is demonstrated that such an appointment would cause an undue hardship.

4. If reassignment is not available pursuant to subsection 2 or 3, the appointing authority of the employee shall, through the interactive process, determine if a vacant or soon to be vacant position below the grade of the current position of the employee exists within the employee’s agency. If such a position is identified and the employee meets the minimum qualifications, as determined by the Division of Human Resource Management pursuant to NAC 284.317, and is able to perform the essential functions of the position with or without reasonable accommodation, the appointing authority shall:

(a) Consider the employee for any such positions in the order of the grade of the positions beginning with the grade closest to the grade of the current position of the employee if multiple positions with different grades are determined to be available within the employee’s agency; and

(b) Offer the employee such a position unless the appointing authority demonstrates that such an appointment would cause an undue hardship to the appointing authority.

5. If reassignment is not available pursuant to subsection 2, 3 or 4, the appointing authority of the employee shall notify the Division of Human Resource Management. For at least 30 days after receipt of the notification, the Division of Human Resource Management shall place the employee on reassignment lists for vacant or soon to be vacant positions being filled at or below the grade of the current position of the employee if the employee meets the minimum qualifications for the positions and has expressed an interest in those positions. If such a position is determined to be available and it is determined through the interactive process that the employee is able to perform the essential functions of the position with or without reasonable accommodation, the employee must be offered the position unless it is demonstrated that such an appointment would cause an undue hardship. 

6. The appointing authority of an employee to whom subsection 1 applies may offer the employee a position in the employee’s agency below the grade of the current position of the employee if:

(a) A vacant or soon to be vacant position at the grade of the current position of the employee is not identified within the employee’s agency;

(b) The employee meets the minimum qualifications of the position as determined by the Division of Human Resource Management pursuant to NAC 284.317; and

(c) It is determined that the employee is able to perform the essential functions of the position with or without reasonable accommodation unless it is demonstrated that such an appointment would cause an undue hardship.

 If the employee accepts the position offered pursuant to this subsection, the employee may continue to exercise his or her reassignment rights pursuant to subsections 1 to 5, inclusive, and subsections 7 to 12, inclusive, for a period of 60 days following the appointment.

7. An employee may not be reassigned to underfill a vacant or soon to be vacant position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the employee currently occupies.

8. After the reassignment of an employee is made pursuant to this section, the status of appointment of the employee will be determined in accordance with NAC 284.444.

9. The reassignment of an employee which is made pursuant to this section will take precedence over all other types of appointments and use of lists, including, without limitation, the lists, other than reemployment lists, set forth in NAC 284.358.

10. Except as otherwise provided in subsection 6, reassignment rights pursuant to this section are exhausted when an employee:

(a) Accepts a reassignment at or below the grade of the current position of the employee;

(b) Accepts a position through a competitive or noncompetitive appointment;

(c) Notifies the appointing authority in writing that he or she no longer wishes to seek reassignment;

(d) Has not been appointed from any of the lists on which his or her name was included in accordance with this section and the Division of Human Resource Management determines that there are no other positions available;

(e) Refuses a position within his or her geographical location that is at or below the grade of the current position of the employee; or

(f) Accepts reemployment pursuant to NAC 284.6014.

11. The provisions of this section do not prohibit an employee from accepting another position through a competitive or noncompetitive appointment.

12. As used in this section:

(a) “Agency” includes:

(1) A department as defined in NAC 284.055;

(2) Any other entity of the Executive Branch of State Government which employs persons in the classified service, including, without limitation, the office of an elected officer;

(3) A division of the Department of Health and Human Services; and

(4) Any division or institution of the Nevada System of Higher Education.

(b) “Geographical location” has the meaning ascribed to it in NAC 284.612.

(c) “Soon to be vacant” means a position in which:

(1) The Division of Human Resource Management is aware will have an imminent vacancy;

(2) A list has not been certified for the position; and 

(3) The employee will be able and available to fill the position within 30 days after the position becomes open.

(d) “Undue hardship” has the meaning ascribed to it in 29 C.F.R. § 1630.2.

(Added to NAC by Personnel Comm’n by R097-16, eff. 11-2-2016)

 

NRS 284.310  Provisional appointment.

 

     NAC 284.406  Provisional appointments. (NRS 284.065, 284.155)  

     1.  An appointing authority may make a provisional appointment pursuant to NRS 284.310 if there are fewer than five ranks of eligible persons available for appointment to the position.

     2.  The Division of Human Resource Management will begin the recruitment within 30 days after the effective date of the provisional appointment.

     3.  A provisional appointment may not continue for longer than 30 days after a list of five or more ranks of eligible persons who are available for appointment has been certified.

     [Personnel Div., Rule VI § G, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 11-16-95; A by Personnel Comm'n by R183-03, 1-27-2004)

 

NRS 284.315  Emergency appointment.

 

     NAC 284.410  Emergency appointments. (NRS 284.065, 284.155)  

     1.  In the case of an emergency, an appointing authority may make an appointment pursuant to NRS 284.315.

     2.  For the purposes of this section, an emergency exists when the appointment is necessary to prevent the stoppage of public business, loss of life, or extensive damage to persons or property.

     [Personnel Div., Rule VI § H, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R183-03, 1-27-2004)

 

NRS 284.325  Temporary appointment.

 

     NAC 284.414  Temporary appointments. (NRS 284.065, 284.155, 284.175, 284.325, 284.345)  

     1.  A temporary appointment must not exceed 6 months in any 12-month period unless the appointment is authorized:

     (a) As a replacement for an employee who is:

            (1) Receiving benefits for temporary total disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or

            (2) On a leave of absence for active military service pursuant to NRS 281.145.

     (b) To allow an employee to perform duties below the journey level while he or she is studying or training for advancement to an entry level professional class.

Ê The appointing authority shall indicate the probable duration of employment on its request for certification. Upon receipt of this request, the Division of Human Resource Management will certify the names of eligible persons from the appropriate eligible list who have noted that they will accept employment for the duration of the employment indicated.

     2.  Service under a temporary appointment immediately preceding appointment to a permanent position must be credited towards annual leave and merit pay increases. Sick leave may be earned for each month of service pursuant to NRS 284.355.

     3.  A special temporary appointment to a position within the Nevada System of Higher Education may not be used to fill regularly budgeted positions. Such appointments may be made without regard to the rules on certification or appointment and may be made on forms and under procedures prescribed by the Nevada System of Higher Education and approved by the Division of Human Resource Management. Time served under a special temporary appointment pursuant to this subsection may be credited towards annual leave, sick leave or merit pay increases if the temporary appointment is immediately followed by a probationary or a permanent appointment.

     [Personnel Div., Rule VI § I, eff. 8-11-73]-(NAC A by Dep't of Personnel, 7-22-87; 7-21-89; R147-01, 1-22-2002; A by Personnel Comm'n by R096-03, 10-30-2003)

 

NRS 284.317  Appointment of persons with disabilities.

NRS 284.327  Temporary limited appointment of persons with disabilities.

 

     NAC 284.416  Temporary limited appointment of persons with disabilities. (NRS 284.065, 284.155, 284.327)   The status of the appointment of an employee appointed pursuant to NRS 284.327 is that of special disabled.

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 7-6-92)

 

     NAC 284.425  Positions created by temporary projects. (NRS 284.065, 284.155)  

     1.  An employee hired for a project of limited duration will not be afforded rights relating to layoffs at the end of the funding period if, in the judgment of the appointing authority, there is no assurance of refunding. If the appointing authority determines that these rights are in the best interest of State Government, he or she may so designate all appointments as having these rights on the appointment document.

     2.  Such an employee may be reinstated if he or she is eligible for this right. Details concerning temporary funding, time limits, and layoffs must be included on the original appointment document and at each successive time the project is renewed.

     3.  A project originally designated as including or as not including rights relating to layoffs may not be redesignated upon refunding unless the funding status of the project has changed.

     [Personnel Div., Rule VI § L, eff. 8-11-73; A 3-15-76]-(Substituted in revision for NAC 284.438)

 

     NAC 284.434  Seasonal positions. (NRS 284.065, 284.155)  

     1.  An appointment to a seasonal position may not exceed 9 months of full-time equivalent service in any 12-month period. A separation from a seasonal position which is a result of the lack of money or the lack of work must be made in accordance with NAC 284.608.

     2.  Persons eligible for seasonal reemployment must be offered employment in the order that they appear on the seasonal reemployment list before another type of list of eligible persons may be used.

     3.  Reemployment rights extending 1 year from the date of a seasonal employee's date of separation:

     (a) Must be granted if the employee has attained permanent status; or

     (b) May be granted, at the discretion of the appointing authority, if the employee has not attained permanent status,

Ê if the employee's last rating of performance was standard or better.

     4.  For the purposes of this section, a person's right to reemployment is limited to a seasonal position in the same class, option and department in which he or she last worked, except that an appointing authority may:

     (a) Reemploy a former employee who held a seasonal position in another department if he or she is otherwise eligible.

     (b) Reemploy a former employee who held a seasonal position in a comparable class if he or she is otherwise eligible and the Division of Human Resource Management approves.

     5.  To be eligible for reemployment, the former employee must:

     (a) Notify the agency, in writing, stating the locations where he or she seeks reemployment; and

     (b) Be available for the entire term of employment.

     6.  Seasonal reemployment lists must be maintained by the employing department, taking into account the provisions in subsection 1 of NAC 284.360 and subsections 3, 4 and 5 of this section.

     7.  An incumbent in a permanent position may request a seasonal position. By the voluntary acceptance of a seasonal position, an employee gives up any right to return to his or her former permanent position but, if eligible, may be reappointed.

     [Personnel Div., Rule VI part § J, eff. 3-3-77]-(NAC A by Dep't of Personnel, 10-26-84; 8-1-91; 11-16-95; A by Personnel Comm'n by R183-03, 1-27-2004)

 

     NAC 284.436  Intermittent positions. (NRS 284.065, 284.155, 284.340, 284.384)  

     1.  An intermittent position is a position:

     (a) That is filled by a person who may be called to work at any time;

     (b) That is used to supplement the agency's full-time staff; and

     (c) The compensation of which is separately identified in the budget of the agency.

     2.  An appointing authority may hire an employee in an intermittent position to supplement the full-time staff of an agency when the staffing needs of the agency fluctuate because of changes in the amount of work.

     3.  If a position is budgeted as an intermittent position, that position may only be underfilled pursuant to this chapter by an intermittent employee. An intermittent employee may only underfill a position that has been budgeted as an intermittent position.

     4.  An employee in an intermittent position who has attained permanent status:

     (a) Must be given notice of any layoff affecting him or her not less than 1 week before the layoff; and

     (b) Has a right of reemployment if his or her last report on performance was standard or better. The right of reemployment is based on the same formula as that used for other employees except that it extends only to the cost center or division from which his or her employment was terminated. This right must not operate to the detriment of a permanent full-time employee.

     5.  As used in this section, "cost center" means an organizational unit or group of organizational units within the Employment Security Division of the Department of Employment, Training and Rehabilitation.

     (Added to NAC by Dep't of Personnel, eff. 8-28-85; A 8-1-91; A by Personnel Comm'n by R183-03, 1-27-2004; R007-11, 10-26-2011)

 

     NAC 284.437  Underfilling of positions. (NRS 284.065, 284.155, 284.305)  

     1.  Except as provided in subsection 4, before a position may be underfilled, it must be approved in writing by the Division of Human Resource Management. The Division of Human Resource Management will only approve a position to be underfilled if there are less than five eligible ranks on the appropriate list who are available for appointment.

     2.  Except as otherwise provided in subsection 4, if a position is approved to be underfilled, the Division of Human Resource Management will begin a recruitment for the class of the position unless a recruitment within 12 months before the approval failed to produce sufficient applicants on the appropriate list.

     3.  Except as otherwise provided in subsection 4, the position may not continue to be underfilled for more than 30 working days after five or more ranks of eligible persons on the appropriate list who are available for appointment are certified to the appointing authority.

     4.  Subsections 1, 2 and 3 do not apply to the underfilling of a position:

     (a) If the position is authorized at or below the journey level and an employee fills that position in a class which is a training or intermediate level preparatory to promotion;

     (b) If an employee's position is reclassified pursuant to NAC 284.138; or

     (c) If an appointing authority has requested and received approval from the Division of Human Resource Management to underfill a position because money is not available and that fact has been certified by the Chief of the Budget Division or, in the case of an agency which is not funded from the General Fund or the Nevada System of Higher Education, by the administrator of that agency or System.

     5.  An employee or former employee may not be selected through noncompetitive means to underfill a position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the employee currently holds or, in the case of a former employee, the current grade of the position the person formerly held.

     (Added to NAC by Dep't of Personnel, eff. 8-28-85; A by Personnel Comm'n by R183-03, 1-27-2004)

 

NRS 284.307  Automatic advancement of person in training or preparatory position.

 

     NAC 284.4375  Automatic advancement. (NRS 284.065, 284.155, 284.175)  

     1.  For the purposes of this section, "automatic advancement" or "automatically advanced" means the progression of an employee to the authorized grade of the position, but not exceeding the journey level. Automatic advancement occurs without recruitment and may occur without examination. It is based upon the employee's:

     (a) Meeting minimum qualifications;

     (b) Satisfactory performance; and

     (c) Endorsement by his or her appointing authority.

     2.  In determining the status of an employee who has been automatically advanced:

     (a) The provisions in NAC 284.172, governing an employee's pay on promotion, apply.

     (b) If the employee had attained permanent status in the class from which he or she was automatically advanced, the employee retains that status in the new class.

     (c) If the employee had not attained permanent status in the class from which he or she was automatically advanced, the employee must remain in probationary status in the new class until he or she has worked in that class for a period equal to the remaining portion of the probationary period that is required for the new class.

     3.  An employee returning from a military leave of absence pursuant to NRS 284.359 to a position that provides for automatic advancement must successfully complete the probationary period for the position before receiving automatic advancement. Automatic advancement must be granted to the employee as of the date on which permanent status would have been granted if the employee had not taken a military leave of absence.

     [Personnel Div., Rule I § C subsec. 23, eff. 4-14-76; + Rule III part § G, eff. 8-11-73; A 4-14-76]-(NAC A by Dep't of Personnel, 10-26-84; 7-21-89; 11-16-95; R147-01, 1-22-2002; A by Personnel Comm'n by R141-07, 1-30-2008; R133-12, 10-4-2013)  

 

     NAC 284.439  Reports of appointments. (NRS 284.065, 284.121, 284.155)   Reports of appointments made pursuant to NRS 284.121 must include the type of position, the type of appointment, and the employee's status of appointment as follows:

     1.  The type of classified position must be:

     (a) Permanent;

     (b) Special project;

     (c) Temporary;

     (d) Seasonal; or

     (e) Intermittent.

     2.  The type of appointment to a classified position must be:

     (a) Demotion;

     (b) Reemployment;

     (c) Transfer;

     (d) Reappointment;

     (e) Reassignment;

     (f) Promotion;

     (g) Reinstatement; or

     (h) New hire.

     3.  The status of appointment in a classified position must be:

     (a) Probationary for a nonpermanent employee;

     (b) Permanent;

     (c) Trial period for a permanent employee;

     (d) Provisional;

     (e) Emergency;

     (f) Temporary; or

     (g) Special disabled.

     4.  In the unclassified service, the type of position, type of appointment and status of appointment are each "unclassified."

     (Added to NAC by Dep't of Personnel, eff. 10-26-84; A 8-28-85; 8-1-91; 7-6-92; A by Personnel Comm'n by R183-03, 1-27-2004; R097-16, 11-2-2016)-(Substituted in revision for NAC 284.383)