North Dakota Administrative Code

Superseded by section 4-07-05-09 effective November 1, 1996.

Repealed effective November 1, 1996. 1

Repealed effective November 1, 1996.

Superseded by sections 4-07-05-07 and 4-07-05-08 effective November 1, 1996.

Repealed effective July 1, 1995.

Repealed effective November 1, 1996. 1

This chapter applies to applicants who apply for positions in agencies covered by the North Dakota merit system and to all agencies, departments, institutions, boards, commissions, and political subdivisions required to comply with standards for a merit system of human resource a…

The terms used throughout this chapter have the same meaning as those in North Dakota Century Code chapter 54-44.3, except "regular employee" means a person who has completed the probationary period and who is or was in a position classified by human resource management services …

Each application for a position in an agency covered by the North Dakota merit system must be made on an application, supplemental application form, or as otherwise specified by the employing agency. History: Effective September 1, 1992; amended effective July 1, 1995. General Au…

Repealed effective July 1, 1995.

The employing agency shall accept an application for a position only after it has been announced. An application may not be accepted after the closing date. History: Effective September 1, 1992; amended effective July 1, 1995. General Authority: NDCC 54-44.3-12 1 Law Implemented:…

The employing agency may investigate an applicant's training and experience in order to verify the application information provided. If the investigation produces evidence that the applicant falsified information, the employing agency may take any necessary action and notify the …

Applications may be disapproved or disqualified after review for any of the following reasons: 1. If an applicant does not meet the minimum qualifications. 2. If an applicant has made a false statement of material fact on the application. 3. If an erroneous approval was made by t…

1. An applicant who has submitted a timely and properly completed application for a position within an agency, department, or institution subject to this chapter and who has been determined by the employing agency to be disqualified for that position because of failure to meet th…

1. If an applicant is a regular employee and does not agree with the response of the agency appointing authority, the applicant may further appeal the disqualification to human resource management services. A letter of appeal must be addressed to the Director, Human Resource Mana…

This chapter applies to all applicants who apply for positions in agencies covered by the North Dakota merit system and to all agencies, departments, institutions, boards, commissions, and political subdivisions required to comply with standards for a merit system of personnel ad…

Examinations may include one or a combination of the following: 1. A rating of training and experience. 2. A written examination to determine skill or otherwise measure suitability. 3. A performance examination. 4. A pass or fail review. 5. A scored oral interview. 6. Or another …

The employing agency shall conduct all examinations in places convenient for applicants and practicable for administration. The employing agency may make arrangements for the use of various public buildings in order to conduct the examinations. History: Effective September 1, 199…

An applicant who has taken an examination may retake the examination according to procedures established by the employing agency solely at the agency discretion. The employing agency shall then use the highest of the examination scores. 1 History: Effective September 1, 1992; ame…

The employing agency shall notify an applicant who applies for a job vacancy of the applicant's final status in writing. History: Effective September 1, 1992; amended effective July 1, 1995. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12

If an agency has a contract with job service North Dakota, only those applicants referred to the agency by job service must be notified of their final status in writing. History: Effective July 1, 1995. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12

The employing agency shall promptly take action, upon notification, to correct an error made by the agency in any part of the examination process. The agency shall notify an applicant in writing of any corrective action taken. History: Effective September 1, 1992; amended effecti…

This chapter applies to all applicants who apply for positions in agencies covered by the North Dakota merit system and to all agencies, departments, institutions, boards, commissions, and political subdivisions required to comply with standards for a merit system of personnel ad…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3 except: 1. "Emergency status" means a category of employment that applies to an individual employed as a result of unusual or unexpected conditions without regard to the n…

Each employee of a merit system agency shall be assigned employment status to one of the categories defined in section 4-07-28-02. History: Effective September 1, 1992; amended effective November 1, 1996. General Authority: NDCC 54-44.3 Law Implemented: NDCC 54-44.3

If merit system coverage is extended to a program or agency, examination requirements, if applicable, are waived and each employee must be granted merit system employment status as follows: 1. An employee who meets the minimum qualifications for the class and who has successfully…

Repealed effective November 1, 1996.

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

Superseded by section 4-07-05-03 effective November 1, 1996. 1

Repealed effective November 1, 1996.

Superseded by subsection 3 of section 4-07-05-01.1 effective November 1, 1996.

Superseded by section 4-07-05-03 effective November 1, 1996. 1

Repealed effective November 1, 1996.

Superseded by subsection 2 of section 4-07-05-01.1 effective November 1, 1996.

Superseded by section 4-07-05-02.1 effective November 1, 1996.

Repealed effective November 1, 1996. 1

This chapter applies to all agencies covered by the North Dakota merit system and to all agencies, departments, institutions, boards, commissions, and political subdivisions required to comply with standards for a merit system of personnel administration. History: Effective Septe…

Repealed effective July 1, 1995.

Human resource management services shall conduct annual audits or oversight reviews of the policies, procedures, and practices for the following purposes: 1. To ensure compliance with the federal merit system principles. 2. To respond to any complaint relating to an agency's recr…

If any provision of article 4-07 or application thereof to any person or circumstances is held invalid, such invalidity may not affect other provisions or applications of article 4-07 which can be given effect without the invalid provision or application. The rules of article 4-0…

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 July 1, 2008. General Authority: NDCC 54-44.3-12 Law Im…

An appointing authority may adopt policies to provide training and educational opportunities to its employees to learn new required skills or to enhance their current skills, to increase the opportunity for advancement within the agency or state service, to increase proficiency a…

This chapter applies to all permanent state employees. Independent programs consistent with the human resource management services division program may be administered for state judiciary, legislative, and North Dakota university system employees. History: Effective July 1, 2022.…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapters 54-06, 54-44.3, and 54-52.4, except: 1. "Eligible employee" means a permanent state employee. It does not include employees on temporary or other limited term appointments. 2. "A…

The human resource management services division of the office of management and budget shall administer a state leave sharing program for permanent state employees. The program provides a mechanism for eligible employees to donate accrued annual and sick leave to an eligible empl…

The human resource management services division shall maintain and consistently administer criteria for qualifying serious or extraordinary conditions based on best practices. For each shared leave request, the division shall require medical certification from a physician, physic…

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 July 1, 2024. General Authority: NDCC 54-44.3-12 Law Im…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapters 54-06, and 54-44.3, except: 1. "Employee" means a state employee, who has been employed by the employer for at least twelve months, and who has worked at least one thousand two h…

1. An employee shall be granted a request for family medical leave of absence consistent with North Dakota Century Code section 54-52.4-02. 2. An employee may take family medical leave, for any combination of reasons, in any rolling twelve-month period for not more than twelve wo…

The fifty-seventh North Dakota legislative assembly directed the risk management division of the office of management and budget to administer a single workers' compensation account for the state. The purpose is to reduce the cost of workplace injuries while enhancing the recover…