Nevada Administrative Code

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…

NAC 284.880 Definitions. (NRS 284.065, 284.155, 284.407) As used in NAC 284.880 to 284.894, inclusive, unless the context otherwise requires: 1. “Employee” has the meaning ascribed to it in subsection 1 of NRS 284.4061. 2. “Screening test” has the meaning ascribed to it in subsec…

NAC 284.882 Administration of screening tests. (NRS 284.065, 284.155, 284.4065, 284.407) A screening test to detect the general presence of: 1. A controlled substance must comply with: (a) The standards established by the United States Department of Health and Human Services whic…

NAC 284.884 Maximum allowable concentrations of alcohol in blood or breath of employee; confirmation of positive result on screening test of breath. (NRS 284.065, 284.155, 284.407) 1. An employee must not have a concentration of alcohol in his or her blood or breath greater than …

NAC 284.886 Screening test for controlled substance required of applicant for position affecting public safety; exception. (NRS 284.065, 284.155, 284.407) 1. Except as otherwise provided in this section, an applicant for a position that is designated by the Human Resources Commis…

NAC 284.888 Request for employee to submit to screening test: Objective facts constituting reasonable belief employee under influence; completion of required form. (NRS 284.065, 284.155, 284.4065, 284.407) 1. Objective facts upon which an appointing authority may base a reasonabl…

NAC 284.889 Circumstances under which employee is deemed to have refused to submit to screening test when requested or required; requirement to rescind offer of employment. (NRS 284.065, 284.155, 284.4065, 284.4066, 284.407) 1. For the purposes of NRS 284.4063, 284.4065 and 284.4…

NAC 284.890 Transportation of employee to and from location of screening test. (NRS 284.065, 284.155, 284.407) 1. If an appointing authority requests an employee to submit to a screening test based on a reasonable belief that the employee is under the influence of alcohol or a co…

NAC 284.892 Duties of employee who is referred to employee assistance program. (NRS 284.065, 284.155, 284.407) 1. If an employee is referred to an employee assistance program as a result of a positive result on a screening test or pursuant to NAC 284.653, the employee or the empl…

NAC 284.893 Return to work of employee who tests positive for alcohol or controlled substance while on duty. (NRS 284.065, 284.155, 284.407) 1. The appointing authority of an employee who tests positive for the presence of alcohol or a controlled substance while on duty and who, …

NAC 284.894 Treatment of applicant who tests positive; treatment of employee who tests positive twice within 5-year period. (NRS 284.065, 284.155, 284.407) 1. An applicant who tests positive for the use of a controlled substance must not be considered by an appointing authority f…

NAC 285.010 Maximum cost of service award. (NRS 285.080) 1. The cost of each service award presented to a state employee pursuant to NRS 285.080 must not exceed $50. 2. As used in this section, “service award” has the meaning ascribed to it in NRS 285.080. (Added to NAC by Bd. of…

NAC 286.010 Interpretation of terms used in NRS 286.025. (NRS 286.200) The Board interprets these terms, as used in NRS 286.025, as follows: 1. “Payment for hazardous duty” means regular additional compensation paid to an eligible employee by a public employer for performing dang…

NAC 286.020 Interpretation of terms used in NRS 286.293. (NRS 286.200) The Board interprets these terms, as used in NRS 286.293, as follows: 1. “Half-time” means half of the full-time work schedule established for a public employer for at least 120 consecutive workdays. 2. “Posit…

NAC 286.030 “Consecutive months” interpreted; average compensation not prorated. (NRS 286.200) For the purposes of NRS 286.551 and 286.650: 1. The Board interprets “consecutive months” to mean those months, one following the other, in which some compensation is reported or servic…

NAC 286.040 Registration for membership. (NRS 286.200) 1. To register for membership in the System, an employee must complete the appropriate form. The form must be certified by his or her public employer. 2. The form registering a retired employee of the System who elects to ret…

NAC 286.050 Participation of part-time employees. (NRS 286.200) 1. A person shall participate in the Public Employees’ Retirement System if he or she is employed in two or more regular positions that total half time or more according to the full-time schedule of each employer. 2.…

NAC 286.060 Member’s rights not impaired by transfer. (NRS 286.200) Transfers which are made between the Public Employees’ Retirement Fund and the Police and Firefighters’ Retirement Fund or between one public employer and another do not impair a member’s rights in the System. [P…

NAC 286.070 Transfers between funds. (NRS 286.200) 1. The Executive Officer shall transfer all rights, credit, contributions and interest thereon of any member enrolled in the Police and Firefighters’ Retirement Fund who changes to employment covered by the Public Employees’ Reti…

NAC 286.080 Transfer of police officer or firefighter eligible for early retirement. (NRS 286.200) A member who has completed 10 years of actual service as a police officer or firefighter will not lose the right to early retirement provided in subsection 2 of NRS 286.510 if he or…

NAC 286.090 Monthly reports: Addition of new members. (NRS 286.200) A new member of the System may not be added to the employer’s monthly report made pursuant to NRS 286.460 unless a completed form registering the new member is attached to the report. [Pub. Emp. Retirement Bd., §…

NAC 286.100 Monthly reports: Listing of employees. (NRS 286.200) 1. The monthly report must separately list the names of the employees who pay employee contributions, employees for whom the employer pays employee contributions, and police officers and firefighters. 2. The employe…

NAC 286.110 Monthly reports: Retroactive adjustment. (NRS 286.200) An employer must submit retroactive adjustments to a monthly report in a separate report and must indicate the month to which the adjustment is applicable. An employer may submit minor corrections by a letter whic…

NAC 286.120 Employers’ liability for adjusted reports. (NRS 286.200) If an employer makes an adjustment to a monthly report made pursuant to NRS 286.460 after an employee has terminated employment and withdrawn his or her contributions, the employer will be liable to the System f…

NAC 286.130 Monthly summary. (NRS 286.200) A public employer shall complete and submit a monthly summary which certifies the totals reported in the monthly report. [Pub. Emp. Retirement Bd., § 18, eff. 7-16-82]

NAC 286.140 Employer paying employee contributions. (NRS 286.200) 1. A public employer may pay employee contributions on behalf of a specific, established or recognized group of its employees. 2. A public employer must provide prior written notice to the System certifying that on…

NAC 286.150 Submission of statement of hours in workday and days in workweek. (NRS 286.200) Each public employer shall submit a statement to the System certifying the number of hours in a regular workday and the number of days in a regular workweek for their employees, except tha…

NAC 286.160 Credit for service: Contributions. (NRS 286.200) The System must receive all required contributions for members to receive credit for eligible service. [Pub. Emp. Retirement Bd., § 19, eff. 7-16-82]

NAC 286.170 Credit for service: Calculation; employer to provide documents. (NRS 286.200) 1. A public employer shall provide to the System all documents regarding the employment and the firing of employees which affect the credit for service of any member. 2. Except as otherwise …

NAC 286.180 Credit for service: Credit as police officer or firefighter. (NRS 286.200) 1. The following persons will receive credit for service as a police officer or firefighter only for as long as they remain in their respective positions: (a) Any person who, before July 1, 197…

NAC 286.190 Purchase of service: Cost for police officers and firefighters. (NRS 286.200) The cost of purchasing service for police officers and firefighters will be calculated by multiplying the percentage corresponding to the age of the member at the time of the purchase by his…

NAC 286.200 Purchase of service: Cost for employees other than police officers and firefighters. (NRS 286.200) 1. The cost of purchasing service will be calculated by multiplying the percentage corresponding to the age of the member at the time of the purchase by his or her avera…

NAC 286.210 Purchase of service: Agreement to deduct payments. (NRS 286.200) 1. A member may enter into an agreement with the System to purchase service by the deduction of monthly payments from the member’s paycheck. 2. If a public employer will not allow deductions for this pur…

NAC 286.220 Purchase of service: Effect of purchasing only portion of service. (NRS 286.200) A member who purchases any portion of his or her service may later purchase the remaining portion of that service. [Pub. Emp. Retirement Bd., § 26, eff. 7-16-82]

NAC 286.230 Purchase of service: Use of service. (NRS 286.200) A member may use purchased service for the same purposes as any other service. [Pub. Emp. Retirement Bd., § 27, eff. 7-16-82]

NAC 286.240 Purchase of service: Refunds. (NRS 286.200) 1. Only 50 percent of the principal amount which is paid to purchase service will be refunded under any circumstances. If an employer or another person contributes more than 50 percent of the cost of the service, and if the …

NAC 286.250 Repayment of withdrawn contributions. (NRS 286.200) 1. If a member wishes to repay withdrawn contributions after qualifying for repayment, he or she must remain a member of the System but is not required to be a contributing member. 2. A member who has received more t…