North Dakota Administrative Code

An employee may request that an appointing authority submit the pay grade assigned to the employee's class to human resource management services for review if the employee demonstrates that one of the reasons in section 4-07-04-04 applies to the employee's classification. An appo…

Repealed effective July 1, 2014.

Upon receipt of a pay grade review request, human resource management services will initiate review of the pay grade or classification as appropriate. Human resource management services may assign a pay grade that is higher than that determined by the application of the class eva…

The effective date of a pay grade assignment is the date specified by the appointing authority. However, the date may not be earlier than the month in which the change is approved pursuant to section 4-07-04-09. An earlier effective date may be applied with written approval from …

Repealed effective July 1, 2014.

Superseded by section 4-07-04-09.2 effective November 1, 1996.

Repealed effective July 1, 2014.

Classes assigned a pay grade exception are subject to periodic review by human resource management services. Such classes shall be reviewed no less than once every five years to verify the 3 appropriateness of the assigned pay grade. The director, human resource management servic…

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

The terms used throughout this chapter have the same meaning as those in North Dakota Century Code chapter 54-44.3, except: 1. "Closing date" means a date by which applications must be received as specified. 2. "External recruiting" means that applications for filling a vacant po…

An appointing authority may promote a regular or probationary employee to fill a vacant classified position in accordance with section 4-07-05-05.1. History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004. General Authority: NDCC 54-44.3-12 Law Impl…

An appointing authority may reinstate a former employee who was hired through a competitive process and who has successfully completed a required probationary period to fill a vacant position. The reinstatement must be effective within three years from the date of the employee's …

An appointing authority may transfer a regular or probationary employee from one classified position to another classified position in accordance with section 4-07-05-05.1. History: Effective November 1, 1996; amended effective July 1, 2004. General Authority: NDCC 54-44.3-12 Law…

Except as provided in section 4-07-05-06, an appointing authority may employ, promote, reinstate, or transfer a person into or to a position in the classified service provided that person possesses qualifications that at least meet the minimum qualifications for that class as sta…

An appointing authority shall notify human resource management services of each vacant classified, nontemporary position that the appointing authority intends to fill through external recruitment. The notification must be submitted prior to beginning the recruiting effort in the …

When an appointing authority proceeds to fill a vacant classified, nontemporary position through external recruiting, the appointing authority shall ensure that the public has the opportunity to know of and apply for the position. Additionally, the appointing authority shall sele…

When an appointing authority proceeds to fill a vacant classified, nontemporary position by recruiting within its agency, the appointing authority shall ensure that all employees occupying classified positions of the appointing authority or within the specified work units have th…

An appointing authority may consider a current temporary employee or individual who has completed an approved internship with the agency as an internal applicant provided the applicant meets the following requirements: 1. A temporary employee must have been selected on an open an…

When no fully qualified candidates are available after an internal or external recruiting effort, an appointing authority may apply an alternative classification when filling a position if each of the following requirements are met: 3 1. The hiring authority shall include clear l…

Veterans' preference must be applied in the recruitment and selection of employees in accordance with North Dakota Century Code chapter 37-19.1. History: Effective November 1, 1996; amended January 1, 2012. General Authority: NDCC 54-44.3 Law Implemented: NDCC 37-19.1, 54-44.3-23…

Each vacancy announcement must include the following information: 1. Class or working title, full-time or part-time status, regular or temporary status. 2. Position number for internal use only. 3. Salary or projected hiring range. 4. Closing date. 5. Duty location of position (c…

1. A vacancy announcement may not contain minimum qualifications that are less than the established minimum qualifications on the class description, but it may contain more specific requirements. 2. When advertising for required education on a vacancy announcement, an appointing …

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

Each newly hired or reinstated employee shall serve a probationary period each time of the employee's hiring into a classified position in an agency. Nonprobationary classified employees are not required to serve a probationary period upon promotion, demotion, or transfer within …

The purpose of the probationary period is to evaluate whether the employee can meet the performance requirements of the position to which the employee has been assigned. The duration of the initial probationary period must be for six months. However, an agency may use a probation…

An appointing authority shall advise in writing each newly hired or rehired employee of the applicable probationary period prior to the time the employee begins work. History: Effective September 1, 1992; amended effective July 1, 2004. General Authority: NDCC 54-44.3-12 Law Impl…

An employee may be separated at will from employment during the probationary period. The appointing authority shall notify the employee of the separation in writing. History: Effective September 1, 1992; amended effective November 1, 1996. General Authority: NDCC 54-44.3-12 Law I…

The appointing authority shall notify the employee in writing at the completion of the probationary period that the employee has satisfactorily completed the probationary period, that the probationary period has been extended, or that employment is terminated. Lack of notice with…

An appointing authority may extend an initial period of probation only if there is a documented work-related reason for doing so. The appointing authority shall notify the employee in writing of the decision to extend, the reason for the extension, and the length of the extension…

Repealed effective November 1, 1996.

Repealed effective November 1, 1996. 2

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except: 1. "Core time" means the designated period of time within a standard workday and within a standard workweek, when all agency employees must either be on duty or on a leav…

The standard workweek is a fixed and regularly recurring period of seven consecutive twenty-four-hour periods. A workweek may begin on any day of the week and at any hour and minute of the day. Due to the nature of the work, an agency may assign employees to work different workwe…

The state of North Dakota, as an employer, is required to abide by the Fair Labor Standards Act of 1938 [Pub. L. 75-718; 52 Stat. 1060; 29 U.S.C. 201 et seq.] concerning wage and hour provisions. The appointing authority is responsible for compliance with provisions of the Act, i…

An appointing authority may allow employees to use flextime provided that regular service to the public is not interrupted. History: Effective September 1, 1992. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

An appointing authority may assign an employee to work hours other than the standard work hours. Additionally, an appointing authority may assign an employee to work hours in excess of the standard workweek. History: Effective September 1, 1992. General Authority: NDCC 54-44.3-12…

The holidays for individuals who are employed by agencies subject to this chapter are those that are listed in North Dakota Century Code section 1-03-01. History: Effective September 1, 1992. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

An employee who occupies a part-time regular position must accrue holiday hours proportionately. History: Effective July 1, 2004. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

A probationary or regular employee who is absent from work in a paid leave status continues to earn fringe benefits, including annual leave and sick leave. History: Effective July 1, 2004. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1) 2…

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

During inclement weather conditions unless otherwise notified by an authorized official, each employee shall report to work as scheduled at the appointed time. Employees who are authorized and telework enabled (the ability to do all or part of their job from home or a remote loca…

An employee who either reports to work late, or who leaves work early during inclement weather conditions while the employee's place of work remains open, must be charged appropriate leave for the time not worked. History: Effective September 1, 1992. General Authority: NDCC 54-4…

An appointing authority may designate key positions. Individuals occupying those positions shall provide continuing services or essential services as required during emergency or inclement weather conditions when the agency is closed by an authorized official. An individual occup…

An appointing authority may not reduce the pay of an employee who is released from work due to an emergency or inclement weather conditions by an authorized official for those hours the employee was not required to work. History: Effective September 1, 1992. General Authority: ND…

Repealed effective October 1, 2023. 2

Repealed effective November 1, 1996.

Repealed effective November 1, 1996.

Superseded by sections 4-07-12-13 and 4-07-13-12 effective November 1, 1996. 1

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …