North Dakota Administrative Code

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; …

If an employee is receiving workers' compensation benefits, the employee may elect to use either the employee's accumulated sick leave, annual leave, or leave without pay during the period the employee is unable to work. History: Effective September 1, 1992. General Authority: ND…

An employee receiving workers' compensation benefits who has either utilized all leave benefits, or who has elected not to use accrued leave benefits, must be placed in a leave without pay status for the remainder of the period that the employee is unable to work. An employee may…

An employee who elects to use leave while receiving workers' compensation benefits must be paid by the employee's agency an amount equal to the difference between the employee's regular base salary and the amount the employee receives from workers' compensation while the employee…

This chapter applies to all state 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; July 1, 2004. General…

Each agency, department, institution, board and commission shall recognize certain service anniversaries of classified employees by implementing and administering a service award program. Service awards may be postponed or withheld if there are documented problems with an employe…

The required service award program may not be retroactive. However, all times worked in the employment of the state prior to January 1, 1986, must be counted toward any future service award. History: Effective September 1, 1992. General Authority: NDCC 54-44.3-12 Law Implemented:…

An employee must have completed three, five, ten, fifteen, twenty, twenty-five, thirty, thirty-five, forty, forty-five, or fifty years of employment with the state in order to receive a service award. An employee who leaves employment with the state and then returns, again begins…

The types of service awards that are given to employees must be provided as follows: 1 1. Following the completion of three years; certificate or plaque, and a gift not to exceed a value of twenty-five dollars. 2. Following the completion of five years; certificate or plaque, and…

A retirement award shall be provided to an employee who has a minimum of fifteen years of state service, and who has not been previously recognized for a retirement by the state, as follows: 1. A retirement certificate signed by the governor and/or a plaque. 2. A gift with a valu…

An agency may not provide cash to an employee as part of a service or retirement award program. An agency may, however, provide a gift certificate. History: Effective September 1, 1992; amended effective July 1, 2004. 2 General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-…

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 in North Dakota Century Code chapter 54-44.3, except: 1. "Cause" means conduct or factors related to a regular employee's job duties, job performance, or working relationships that is detrimental to the discipline an…

A regular employee may be disciplined only for cause. History: Effective September 1, 1992; amended effective November 1, 1996. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

Progressive discipline must be used to correct a regular employee's job performance problems or for a violation of rules or standards unless an infraction or a violation of a serious nature is committed, including insubordination, theft, falsification of pay records, or assaultin…

A suspension without pay may not exceed thirty calendar days. If the suspended employee is exempt from the overtime provisions of the Fair Labor Standards Act of 1938 [29 C.F.R. 541.602(5)], the appointing authority may make deductions from pay for unpaid disciplinary suspensions…

A suspension with pay may be used during an investigation or pending disciplinary action. History: Effective July 1, 2004. General Authority: NDCC 54-44.3-12(1) Law Implemented: NDCC 54-44.3-12.2

An appointing authority shall provide a written preaction notice when the suspension without pay, demotion, or dismissal of a regular employee is being considered. The preaction notice must include the following: 1. A statement that the appointing authority intends to take discip…

Once a final decision has been made, the appointing authority shall provide a written notice to the employee of the final action to be taken. The final action notice must contain either of the following: 1. If the final action is less than demotion, suspension without pay, or dis…

An appointing authority may reopen and reconsider previously imposed discipline in the event the appointing authority determines that new information or circumstances exist or that discipline imposed pursuant to delegated authority is inconsistent with established agency policy, …

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 May 1, 1994; amended effective November 1, 1996; July 1…

Each agency, department, institution, board, and commission subject to this chapter shall establish internal grievance procedures that include the following: 1. A provision that allows an employee to grieve an employer action of demotion, dismissal, suspension without pay, forced…

A waiver of the agency grievance procedure is allowed by mutual agreement of the employee and appointing authority. Each party must sign the waiver within fifteen working days of the employer action. Upon obtaining the waiver, the employee may appeal directly to human resource ma…

In the absence of an established written agency grievance procedure, the aggrieved employee may appeal an employer action as covered in subsection 1 of section 4-07-20.1-02 and section 4-07-20.2-04 directly to human resource management services by following the applicable appeal …

This chapter applies to regular employees. History: Effective November 1, 1996. General Authority: NDCC 54-44.3-12(1) Law Implemented: NDCC 54-44.3-12.2

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except: 1. "Date of service" means the date the notice was mailed or transmitted by electronic means. 2. "Employer action" means an action taken by an appointing authorit…

A regular employee may, in accordance with the respective agency's grievance procedure, file a grievance regarding demotion, dismissal, suspension without pay, forced relocation, reduction-in-force, or reprisal. A grievance must be processed through the agency grievance procedure…

The employee shall begin the agency grievance procedure within fifteen working days from the date of notice of the employer action, except in the case of reprisal. The date of service of the notice shall be considered to be the date the notice was mailed or the date transmitted b…

A waiver of the agency grievance procedure is allowed by mutual agreement of the employee and appointing authority. The waiver must be signed by both parties within fifteen working days of the employer action. Upon obtaining the waiver, the employee may appeal directly to human r…

A regular employee may appeal an employer action to human resource management services if: 1. The employee has processed a grievance through the agency grievance procedure and is dissatisfied with the result; 2. The employee and the appointing authority have agreed to a waiver of…

A regular employee may appeal a reduction-in-force only on the basis that the agency did not utilize a uniform comparative analysis as required by section 4-07-11-03 or that the reduction-in-force was conducted in a discriminatory manner that would violate the state's policy agai…

services. 1. The employee shall file the properly completed prescribed appeal form with the director, human resource management services. The appeal form must be mailed or transmitted by electronic means and must be received in the human resource management services office by fiv…

This chapter applies to applicants for positions classified by human resource management services, probationary employees or regular employees in classified positions who want to appeal reprisal or who want to appeal discrimination in employment because of race, color, religion, …

This chapter also applies to employees not in the classified service who appeal a claim of reprisal under subsection 5 of North Dakota Century Code section 34-11.1-04. History: Effective July 1, 2010. General Authority: NDCC 54-44.3-12(1) Law Implemented: NDCC 34-11.1-04(5)

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except: 1. "Applicant" means a person who has applied for a position classified by human resource management services and who has complied with the application procedures…

Unless otherwise defined, or made inappropriate by context, all words used in this chapter have meanings given to them under North Dakota Century Code chapter 14-02.4 and subsection 5 of North Dakota Century Code section 34-11.1-04. History: Effective November 1, 1996; amended ef…

or discrimination in employment. Applicants for positions classified by human resource management services and probationary or regular employees in classified positions may appeal reprisal or may appeal discrimination in employment because of race, color, religion, sex, national …

to agency appointing authority. 1. An applicant who has completed a timely and properly completed application for a classified position within an agency and who alleges discrimination or reprisal in employment shall file a written appeal to the agency appointing authority. The le…

management services. A probationary or regular employee shall complete the agency grievance process prior to submitting an appeal to human resource management services for an appeal hearing, unless a waiver 2 is granted as provided for in section 4-07-20.2-06. The employee shall …

A waiver of the agency grievance procedure is allowed by mutual agreement of the probationary or regular employee and appointing authority. The waiver must be signed by both parties within fifteen working days of the alleged discriminatory or reprisal action. Upon obtaining the w…

management services. 1. A probationary or regular employee shall file the properly completed prescribed appeal form with the director, human resource management services. The appeal form must be delivered, mailed, or transmitted by electronic means and must be received in the hum…

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 in North Dakota Century Code chapter 54-44.3, except "alternative dispute resolution" means a method of resolving disputes, outside the grievance process, that involves a neutral person to assist in identifying issue…

Alternative dispute resolution may be used to resolve disputes that occur within an agency. All parties involved in the dispute must agree to the use of alternative dispute resolution prior to using the method. History: Effective September 1, 1992; amended effective November 1, 1…

During the time period when the agency appointing authority and the employee involved in a dispute are utilizing alternative dispute resolution, the time limits of the internal agency grievance procedure must be suspended. If a resolution is not agreed to by the participants at t…

Repealed effective November 1, 1996.

Superseded by section 4-07-05-01.1 effective November 1, 1996.

Superseded by section 4-07-05-08 effective November 1, 1996.

Repealed effective November 1, 1996.

Repealed effective July 1, 1995.