North Dakota Administrative Code

Repealed effective March 1, 1995. 2

1. Organization of office. a. History. The 1941 legislative assembly appointed a governmental survey commission to study the field of governmental reorganization and make recommendations. Among the recommendations was a single agency to handle the state's fiscal affairs. That stu…

1. History of human resource management services. a. The 1975 legislative assembly passed a Central Personnel System Act, codified as North Dakota Century Code chapter 54-44.3. The Act created the central personnel division as well as the state personnel board. The division was t…

The portions of human resource management services' organization and functions that are subject to North Dakota Century Code chapter 28-32 are those that involve its authority to adopt policies and rules relating to a unified system of personnel administration which impose requir…

The public may obtain information, furnish information, or make requests to human resource management services concerning any of its functions or rules by writing to hrms@nd.gov or telephone inquiries may be made by calling 701-328-3290 between eight a.m. and five p.m. Monday thr…

The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 54-44.3, and sections 54-06-30 and 54-06-31, except: 1. "Appointing authority" has the same meaning as provided in North Dakota Century Code section 54-44.3-02. 2. "Class" or "class…

This chapter applies to all state agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services, except those agencies headed by an elected official, and except those institutions in the unive…

The purpose of this chapter is to ensure that the salaries of classified employees are paid in a manner consistent with the state's classification plan, its compensation plan, and its salary administration policy. 2 History: Effective March 1, 1991. General Authority: NDCC 54-44.…

All salary actions under this chapter are subject to the availability of appropriated funds. No person may take a salary action under this chapter if it were to cause an agency to exceed its budget authorization. History: Effective March 1, 1991. General Authority: NDCC 54-44.3-1…

Human resource management services shall assign a pay grade and a salary range to each approved class in the classification plan. Unless otherwise provided by human resource management services, the salary level of a classified employee must be within the assigned salary range. H…

Exceptions to the requirements of chapter 4-07-02 normally require prior written approval from the director of human resource management services. In emergency situations exceptions may be provided verbally. Appointing authorities shall describe their justification for the except…

A general salary increase must be provided in accordance with any specific guidelines or requirements as appropriated by the legislative assembly. History: Effective March 1, 1991. General Authority: NDCC 54-44.3-12(1) Law Implemented: NDCC 54-44.3-01, 54-44.3-12(7)

When establishing an entry salary, an appointing authority should consider the employee's job-related qualifications, the agency's ability to recruit qualified employees, the overall relationship of state employees' salaries to market salaries, and internal equity with existing e…

Repealed effective July 1, 2004.

An appointing authority may grant an increase of up to five percent upon an employee's successful completion of a probationary period. The size of the increase may vary depending on factors that include performance, internal equity, and budget appropriations. History: Effective M…

An appointing authority may grant a responsibility level or workload salary increase if all of the following requirements are met: 1. The increase does not exceed twenty percent per biennium for an employee. 2. Consideration is given to the effect granting the increase would have…

An appointing authority may make an adjustment to a salary as a result of a reclassification according to the following: 1. If the pay grade is higher following a reclassification action, then an increase up to five percent above the minimum of the new salary range may be provide…

An appointing authority may grant a salary increase when an employee is promoted, if all of the following requirements are met: 1. The employee must be paid at least the minimum of the new salary range. 2. Consideration must be given to the internal salary relationships that woul…

An appointing authority may grant an increase for performance if all of the following requirements are met: 1. A proper performance appraisal process is used by the agency pursuant to chapter 4-07-10. 2. The increase does not exceed five percent in any twelve-month period for an …

An appointing authority may grant an equity increase if all of the following requirements are met: 1. The increase does not exceed twenty percent per biennium for an employee. 2. At the time the increase is granted, documentation must be submitted to human resource management ser…

An appointing authority may grant a temporary increase if all of the following requirements are met: 1. An increase may not be given for a temporary situation of less than thirty days. 2. An employee may not continue to receive a temporary increase for more than thirty days after…

When an employee is assigned to a position at a lower pay grade, and the employee's salary is above the maximum of the new grade, then either of the following may result: 1. The salary may remain above the new maximum when the assignment results from a program change, reorganizat…

A recruitment, retention, or performance bonus may be provided according to North Dakota Century Code chapters 54-06-30 and 54-06-31. History: Effective July 1, 2004. General Authority: NDCC 54-44.3-12(1) Law Implemented: NDCC 54-06-31, 54-44.3-12(1)

A recruitment bonus may be provided by an agency if the employee receiving the bonus was not employed by a state agency immediately preceding employment with the hiring agency, except when a recruitment bonus is provided to an employee for a referral program outlined in the agenc…

A retention bonus may be given as an incentive to retain an employee in state government unless the employee is leaving to work for another state agency. If application of this rule would result in significant impact on the agency or negative fiscal consequences to the state, an …

Repealed effective April 1, 2020. 7

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 and section 4-07-02-01. History: Effective September 1, 1992; amended effective July 1, 2004; July 1, 2014. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.…

The official class title must be used to designate positions or employees when entering such information on payroll and personnel records, or in other communications related to human resource administration processes. However, any suitable or working title to designate persons or…

Class descriptions represent the duties typical of the class. Neither an appointing authority nor an employee may interpret class descriptions as restrictive, except for the specified minimum qualification 1 requirements. The inclusion of particular phrases in the descriptions th…

A request to have a position reviewed for classification or reclassification must be submitted by the appointing authority to human resource management services for review, if at least one of the following reasons apply: 1. A new position has been authorized. 2. A significant amo…

A classification or reclassification request must be submitted to human resource management services using the designated forms with all required information and supplemental documents attached. History: Effective September 1, 1992; amended effective July 1, 2004; July 1, 2014. G…

Human resource management services may delegate to an agency the responsibility for decisions on certain position classification assignments. Decisions are limited to those classes as specified by the division. History: Effective November 1, 1996; amended effective July 1, 2004. …

An employee may request that an appointing authority submit the employee's position to human resource management services for review if the employee demonstrates that one of the reasons in section 4-07-03-05 applies to the employee's position. An appointing authority shall consid…

Repealed effective July 1, 2014.

by a reassignment. Superseded by subsection 2 of section 4-07-03-05 effective November 1, 1996.

If human resource management services becomes aware of a potentially inappropriate classification assignment, the division may initiate a classification review and request updated documentation of the position. History: Effective November 1, 1996; amended effective July 1, 2004. …

Human resource management services may correct inconsistencies in class evaluations as related evaluation interpretations occur. If revisions result in grade changes, human resource management services shall notify affected employees and appointing authorities of the proposed cha…

Upon receipt of a classification or reclassification request, human resource management services shall initiate a review of the position and provide the agency with a determination within thirty calendar days or, if referred to the job evaluation committee, within sixty calendar …

The effective date of a classification assignment is the date specified by the appointing authority. However, the effective date may not be earlier than the month in which the reclassification request is approved pursuant to section 4-07-03-10. An earlier effective date may be ap…

When reclassification of a position is requested, the appointing authority shall ensure that the position incumbent meets the minimum qualifications for the position's new classification. If the employee does not meet the minimum qualifications, the appointing authority shall do …

Repealed effective July 1, 2014.

When a current employee affected by a class or class series review does not meet new or revised qualifications as stated on the class description, the employee may be grandfathered into that employee's current position at the appropriate job class level without loss of pay or sta…

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 and section 4-07-02-01, except "compensation plan" means the listing of all the pay grades used in the classified service and the pay ranges assigned to each grade. Histor…

The director, human resource management services, shall develop, implement, and maintain a class evaluation process to evaluate and assign an appropriate pay grade to all classes in the classification plan. History: Effective September 1, 1992; amended effective July 1, 2004. Gen…

Repealed effective July 1, 2014. 1

A written request to review a pay grade may be submitted to human resource management services by the appointing authority only if one of the following reasons apply: 1. The appointing authority is experiencing recruiting problems due to the assigned pay grade. 2. The appointing …

An appointing authority requesting a pay grade review shall furnish additional information to human resource management services at the time the request is made. The additional information must include: 1. A statement of the problem. 2. Up-to-date job description questionnaires. …

Repealed effective July 1, 2004.