CHAPTER 284 - STATE HUMAN RESOURCES SYSTEM

NAC 284.6952 Request for resolution conference; appointment of facilitator; effect of request for resolution conference on jurisdiction of Employee-Management Committee; arrangement. (NRS 281.755, 284.065, 284.155, 284.384) 1. If an employee is not satisfied with the decision ren…

NAC 284.6955 Hearing before Employee-Management Committee: Procedure. (NRS 281.755, 284.065, 284.155, 284.384) If a hearing is held to determine the proper disposition of a grievance pursuant to NAC 284.695 or of a complaint pursuant to NAC 284.6951, the following procedure must …

NAC 284.6957 Hearing before Employee-Management Committee: Request for continuance or to have grievance or complaint held in abeyance. (NRS 281.755, 284.065, 284.155, 284.384) 1. A party may request a continuance of a hearing to determine the proper disposition of a grievance pur…

NAC 284.696 Unlawful discrimination. (NRS 284.065, 284.155, 284.343, 284.384, 284.4082) 1. An employee alleging unlawful discrimination based on any pertinent state or federal law or regulation may: (a) Report the alleged discrimination to: (1) The division of the Division of Hum…

NAC 284.697 When resolution of grievance or complaint becomes binding. (NRS 281.755, 284.065, 284.155, 284.384) 1. Except as otherwise provided in subsection 2, the resolution of a grievance or complaint is binding when: (a) There is an agreement between the person filing the gri…

NAC 284.702 Reports of personnel actions. (NRS 284.065, 284.155, 284.175) 1. Each appointing authority shall report promptly to the Division of Human Resource Management such information as required in connection with each appointment, separation from service, other change in pos…

NAC 284.710 Order of processing personnel documents. (NRS 284.065, 284.155, 284.175) Any personnel documents effecting changes in an employee’s pay and having the identical effective date will be processed in the following order: 1. Merit pay increases. 2. Reclassifications or ov…

NAC 284.714 Official roster: Inspection; contents. (NRS 284.065, 284.155) 1. The official roster of employees in the public service maintained by the Division of Human Resource Management is a public record and will be open to inspection under reasonable conditions during busines…

NAC 284.718 Confidential records. (NRS 284.065, 284.155, 284.355, 284.407, 284.4082, 284.4086) Except as otherwise provided in NRS 284.4086: 1. The following types of information, which are maintained by the Division of Human Resource Management or the agency, are confidential: (…

NAC 284.726 Access to confidential records. (NRS 284.065, 284.155, 284.335, 284.4066, 284.4068, 284.407, 284.4082) 1. Except as otherwise provided in this subsection and subsections 2 and 11, access to materials for an examination and information relating to an applicant or eligi…

NAC 284.728 Appeal of decision of Administrator to disclose information related to complaint regarding sex- or gender-based harassment or discrimination. (NRS 284.065, 284.4086) An appeal filed pursuant to NRS 284.4086 must: 1. Be in writing; 2. Be submitted to the Administrator …

NAC 284.730 Retention and disposal of records. (NRS 284.065) All records of the Division of Human Resource Management will be retained or disposed of in accordance with the records retention and disposal schedule approved by the Committee to Approve Schedules for the Retention an…

NAC 284.734 Prohibition against maintenance of secret files. (NRS 284.065, 284.155) Except as otherwise provided in NAC 284.718 and 284.726, no appointing authority may maintain secret files regarding any employee. [Personnel Div., Rule XVI § E, eff. 8-11-73] PROHIBITIONS AND OFF…

NAC 284.738 Conflicting activities. (NRS 284.065, 284.155) Employees shall not engage in any employment, activity or enterprise which has been determined to be inconsistent, incompatible or in conflict with their duties as employees, or with the duties, functions or responsibilit…

NAC 284.742 Appointing authorities required to determine prohibited conflicting activities and identify such activities and explain process of progressive discipline in policy. (NRS 284.065, 284.155, 284.383) 1. Each appointing authority shall determine, subject to the approval o…

NAC 284.746 Acceptance of favors. (NRS 284.065, 284.155) No employee may seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity that would tend improperly to influence a reasonable person in his or her position to depart from the faithf…

NAC 284.750 Use of position to secure or grant privileges. (NRS 284.065, 284.155) No employee may use his or her position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself or herself, any member of his or her household, any…

NAC 284.754 Contracts with State. (NRS 284.065, 284.155) An employee shall not enter into a private contract with the State in any capacity that may be construed as an extension of his or her assigned duties or responsibilities to the State. [Personnel Div., Rule XI § A part subs…

NAC 284.758 Use of privileged information. (NRS 284.065, 284.155) If an employee acquires, through his or her public duties or relationships, any information which by law or practice is not at the time available to people generally, he or she may not use the information to furthe…

NAC 284.762 Suppression of information. (NRS 284.065, 284.155) No employee may suppress any governmental report or other document because it might affect unfavorably his or her private financial interest. [Personnel Div., Rule XI § A part subsec. 2, eff. 8-11-73]

NAC 284.766 Full-time service required. (NRS 284.065, 284.155) Each employee shall, during his or her hours of duty as an employee and subject to such other laws or regulations as pertain thereto, devote his or her full time, attention and efforts to state employment. [Personnel …

NAC 284.768 Employee to notify appointing authority that employee will carry concealed firearm. (NRS 284.065, 284.155) If an employee is authorized pursuant to NRS 202.3673 to carry a concealed firearm while on the premises of the public building in which he or she is employed, t…

NAC 284.770 Political activities. (NRS 284.065, 284.155) Employees may vote as they choose and express their political opinions on all subjects without recourse, except that no employee may: 1. Directly or indirectly solicit or receive, or be in any manner concerned in soliciting…

NAC 284.771 Sex- or gender-based harassment. (NRS 284.065, 284.155, 284.4082) 1. Sex- or gender-based harassment violates the policy of this State and is a form of unlawful discrimination based on sex or gender under state and federal law. An employee shall not engage in sex- or …

NAC 284.774 Scope. (NRS 281.641, 284.065, 284.155, 284.376, 284.390) 1. NAC 284.774 to 284.818, inclusive, govern hearings in all cases relating to dismissals, suspensions, demotions and involuntary transfers before the hearing officer and hearings for a written appeal filed purs…

NAC 284.778 Request for hearing and other communications. (NRS 281.641, 284.065, 284.155, 284.376, 284.390) 1. A request for a hearing must be addressed to the Administrator and submitted on the form provided by the Division of Human Resource Management. 2. A copy of any written …

NAC 284.780 Provision of qualified hearing officer. (NRS 281.641, 284.065, 284.376, 284.390) 1. For each hearing requested in a claim relating to a dismissal, suspension, demotion, involuntary transfer, or reprisal or retaliatory action, the Commission will provide for a qualifie…

NAC 284.782 Time and place; notice; provision of reasonable accommodation to party with disability. (NRS 284.065, 284.155, 284.376, 284.390) 1. The hearing officer shall convene the hearing at the time and place specified for the purpose of hearing the appeal. 2. Written notice o…

NAC 284.786 Continuances. (NRS 281.641, 284.065, 284.155, 284.376, 284.390) 1. Hearings may be continued beyond the period originally scheduled or recessed until a future date which is agreeable to the hearing officer and the parties if good cause is shown. 2. A party may request…

NAC 284.788 Conduct of hearings on appeal. (NRS 284.065, 284.155, 284.376, 284.390) 1. Except as otherwise provided in subsection 2, all hearings on appeals must be open to the public. 2. On the motion of either party, the hearing officer shall exclude from the hearing room witne…

NAC 284.794 Evidence. (NRS 284.065, 284.155, 284.376, 284.390) 1. The hearing officer shall determine the evidence upon the charges and specifications as set forth by the appointing authority in the appropriate documents, and shall not consider any additional evidence beyond the …

NAC 284.798 Decision must be based on evidence presented. (NRS 284.065, 284.155, 284.376, 284.390) The hearing officer shall make no assumptions of innocence or guilt but shall be guided in his or her decision by the weight of the evidence as it appears to him or her at the heari…

NAC 284.802 Form of testimony. (NRS 284.065, 284.155, 284.376, 284.390) 1. At the beginning of his or her testimony, each witness who has not previously testified in the hearing must be required to state his or her name, address and business, employment or position. 2. Testimony …

NAC 284.806 Evidence must be authenticated. (NRS 284.065, 284.155, 284.376, 284.390) Any letter, paper or object offered in evidence must be properly authenticated and, if received, must be marked by the reporter with a distinguishing number or letter, such as “Employee’s Exhibit…

NAC 284.814 Appearance and procedure at hearing. (NRS 284.065, 284.155, 284.376, 284.390) 1. A party may appear in person and may be represented by an attorney or another person of his or her choice, if the party chooses not to represent himself or herself. 2. All testimony must …

NAC 284.818 Decision by hearing officer. (NRS 284.065, 284.155, 284.376, 284.390) At the conclusion of the hearing, the hearing officer shall take the case under submission and shall notify the parties in writing within 30 days from the date of the hearing of the hearing officer’…

NAC 284.826 Notice. (NRS 284.065) Notice given pursuant to NRS 233B.060 will be provided by mailing to all heads of departments and persons who have requested in writing that they be placed on the mailing list maintained by the Division of Human Resource Management for this purpo…

NAC 284.830 Presentation and contents of petitions. (NRS 284.065) 1. Petitions to initiate the adoption, amendment or repeal of a regulation must be presented in writing in a letter addressed to the Administrator at least 120 days before a regularly scheduled meeting of the Commi…

NAC 284.834 Action on petitions to initiate adoption, amendment or repeal. (NRS 284.065) When a petition is submitted to initiate the adoption, amendment or repeal of a regulation pursuant to NAC 284.830, the Division of Human Resource Management will, within 30 days, either deny…

NAC 284.838 Declaratory judgments. (NRS 284.065) If the petition is denied by the Division of Human Resource Management and its decision is sustained by the Commission, the petitioner may seek a declaratory judgment, pursuant to NRS 233B.110. [Personnel Div., Rule XVII § C subsec…

NAC 284.850 Scope. (NRS 284.065) NAC 284.850 to 284.874, inclusive, govern hearings before the Commission. (Added to NAC by Dep’t of Personnel, eff. 10-26-84)

NAC 284.854 Request for appeal and other communication. (NRS 284.065) A request for an appeal or other pertinent communication directed to the Commission must be addressed to the Administrator within 30 days after receipt of the Administrator’s decision. (Added to NAC by Dep’t of…

NAC 284.858 Time and place; notice; provision of reasonable accommodation to party with disability. (NRS 284.065) 1. The Chair of the Commission will convene the hearing at the time and place specified for the purpose of hearing the appeal. 2. A written notice of the time and pla…

NAC 284.862 Hearings open to public. (NRS 284.065) Except as otherwise required or permitted by chapter 241 of NRS, all hearings are open to the public. (Added to NAC by Dep’t of Personnel, eff. 10-26-84)

NAC 284.866 Commencement of hearing. (NRS 284.065) At the beginning of the hearing, the Chair of the Commission: 1. Shall state the subject of the hearing and identify the parties; and 2. May, with the agreement of the parties, read into or submit for the record items of prelimin…

NAC 284.870 Appearance and representation of party; manner of hearing. (NRS 284.065) 1. A party may appear in person or may be represented by an individual of his or her choice, or both appear and be represented. 2. The matter will be heard in the manner prescribed by the Commiss…

NAC 284.874 Decision of Commission. (NRS 284.065) At the conclusion of the hearing, the Commission may take the case under submission and will notify the parties in writing within 30 days after the date of the hearing of the Commission’s decision. (Added to NAC by Dep’t of Person…