[Rev. 11/21/2013 10:40:52 AM--2013]

CHAPTER 284 - STATE PERSONNEL SYSTEM

GENERAL PROVISIONS

NRS 284.010           Legislative declaration of purpose.

NRS 284.012           Policy concerning employment of persons with disabilities.

NRS 284.013           Applicability; terms and conditions of employment of exempted persons; written contracts required for certain services.

NRS 284.015           Definitions.

NRS 284.020           Duties of state officers and employees in Executive Department; construction of chapter.

NRS 284.022           Inclusion of employees of certain governmental agencies in State Personnel System.

ADMINISTRATION

NRS 284.025           Division of Human Resource Management: Creation; administration of chapter.

NRS 284.030           Personnel Commission: Creation; appointment of members.

NRS 284.035           Personnel Commission: Prohibition against member holding or seeking partisan political office or employment with State.

NRS 284.040           Personnel Commission: Terms and removal of members.

NRS 284.045           Personnel Commission: Salaries and expenses of members.

NRS 284.050           Personnel Commission: Chair; Secretary; duty of Administrator to keep minutes and audio recordings or transcripts.

NRS 284.055           Personnel Commission: Meetings; quorum; duty of Commission to keep minutes and audio recordings or transcripts; public records.

NRS 284.060           Personnel Commission: Rules for management.

NRS 284.065           Personnel Commission: Powers and duties.

NRS 284.068           Employee-Management Committee: Creation; appointment and terms of members.

NRS 284.071           Employee-Management Committee: Chair; rules; meetings; secretarial services.

NRS 284.073           Employee-Management Committee: Duties.

NRS 284.074           Employee-Management Committee: Issuance and enforcement of subpoenas.

NRS 284.0745         Employee-Management Committee: Subpoenas extend to all parts of state; service of subpoenas; fees, mileage and expenses of witnesses.

NRS 284.075           Administrator: Qualifications; other employment prohibited.

NRS 284.091           Hearing officers: Appointment; duties.

NRS 284.100           Employees of Division.

NRS 284.105           Duties of Administrator.

NRS 284.110           Personnel Operating Fund: Creation; sources; uses.

NRS 284.115           Administrative costs: Budgeting; payment by state departments, agencies and institutions.

NRS 284.121           Reports of appointing authorities regarding appointments, transfers, separations, suspensions, reinstatements, reductions or other changes to positions in public service.

NRS 284.125           Investigation of duplication of work; duties of Administrator.

NRS 284.130           Assistance of state and local officers.

NRS 284.135           Services and facilities of Division available to political subdivisions.

CLASSIFICATION

NRS 284.139           Unclassified service: “Agency” defined.

NRS 284.140           Unclassified service: Composition.

NRS 284.143           Unclassified service: Certain persons may pursue other businesses or occupations or other office for profit.

NRS 284.145           Appointment to position in unclassified service from registers of eligible persons.

NRS 284.147           Unclassified service: Heads of departments may employ deputies and employees necessary to fill unclassified positions; salaries.

NRS 284.148           Unclassified and classified service: Persons exempt pursuant to federal Fair Labor Standards Act; determination of exempt positions by Division.

NRS 284.150           Classified service: Composition; limitations on appointment, transfer, promotion, demotion or discharge; discrimination prohibited.

NRS 284.155           Regulations for classified service.

NRS 284.160           Classification plan for classified service; changes in plan; procedure for making certain changes without approval of Commission.

NRS 284.165           Allocation of positions; hearing; review by Commission.

NRS 284.170           Establishment of titles and grades for each class of employment; description of duties; specification of minimum qualifications.

NRS 284.171           Index of broad occupational groups.

NRS 284.172           List of positions in classified service primarily performing data processing; approval of new position or reclassification to position on list.

CONTRACTS TO PROVIDE SERVICES

NRS 284.1729         Limitations and requirements; approval by State Board of Examiners; emergencies; reports to Interim Finance Committee; applicability of state purchasing provisions; exceptions. [Repealed.]

COMPENSATION

NRS 284.175           Plan for payment of classified employees: Preparation; approval; contents; regulations; recommendations to Legislature.

NRS 284.177           Plan to encourage continuity of service.

NRS 284.179           Professional employees of Nevada System of Higher Education not entitled to payments pursuant to plan to encourage continuity of service.

NRS 284.180           Pay plan to set official rates applicable to all positions in classified service; overtime; workweek for certain firefighters; innovative workweeks; existing contracts of employment; payment for working on holiday.

NRS 284.181           Agreements concerning provision of compensatory vacation time instead of monetary payment for overtime.

NRS 284.185           Certification of payroll by Administrator.

NRS 284.190           Liability for unlawful payment: Action for recovery; disposition of proceeds of action.

NRS 284.195           Action by employee against appointing authority if appointed contrary to law and regulations; reimbursement of appointing authority prohibited.

NRS 284.200           Proceeding to compel Administrator to certify payroll.

EXAMINATIONS AND LISTS FOR EMPLOYMENT

NRS 284.205           Competitive examinations: Regulations.

NRS 284.210           Competitive examinations: Requirements; contents; persons conducting examinations.

NRS 284.215           Examination of persons with disabilities.

NRS 284.220           Certificates of general or special qualifications.

NRS 284.230           Time and place of holding examination; use of public buildings.

NRS 284.235           Designation of persons to assist in examinations.

NRS 284.240           Grounds for refusal to examine or certify.

NRS 284.245           Statement of Administrator upon refusal to examine or certify; appeal to Commission.

NRS 284.250           Regulations for establishment of lists of eligible persons; limitation on term of eligibility.

NRS 284.253           Preference on list for residents of Nevada.

NRS 284.254           Preference on list for person separated from service because agency terminated.

NRS 284.255           Appointments to be made from appropriate lists.

NRS 284.260           Preferences for veterans and members of Nevada National Guard: Additional credits on examination.

NRS 284.265           Notice of new positions and vacancies: Certification of names by Administrator.

APPOINTMENTS

NRS 284.290           Probationary period: Length; dismissal or demotion; notification by appointing authority regarding permanent status.

NRS 284.295           Vacancy filled by promotion; eligibility; competitive examinations.

NRS 284.300           Restoration of promotional appointee who fails to attain permanent status.

NRS 284.305           Provisions and regulations for filling positions in classified service without competition.

NRS 284.307           Automatic advancement of person in training or preparatory position.

NRS 284.309           Waiver of examination if fewer than five qualified applicants.

NRS 284.310           Provisional appointment.

NRS 284.315           Emergency appointment.

NRS 284.317           Appointment of persons with disabilities.

NRS 284.320           Appointments requiring exceptional scientific, professional or expert qualifications.

NRS 284.325           Temporary appointment.

NRS 284.327           Temporary limited appointment of persons with disabilities.

NRS 284.330           Reinstatement of permanent appointee after separation without prejudice.

PERFORMANCE

NRS 284.335           Standards; records and ratings for service.

NRS 284.337           Reports: Duties of supervisor.

NRS 284.338           Reports: Training in proper preparation.

NRS 284.340           Reports: Duties of appointing authority.

TRAINING, ATTENDANCE AND LEAVES

NRS 284.343           Stipends for training and educational leave for employees: Regulations; exceptions; restrictions; grants.

NRS 284.345           Regulations for attendance and leave of absence; personnel of Nevada System of Higher Education.

NRS 284.350           Annual leave.

NRS 284.355           Leave for sickness and disability: Accrual; payment for unused leave; employees with mental or emotional disorders; forfeiture of leave.

NRS 284.357           Deduction from salary for service during working hours as volunteer firefighter, voluntary medical technician, volunteer reserve member of police department or sheriff’s office or volunteer ambulance driver or attendant prohibited.

NRS 284.358           Civil leave with reduced pay when performing active military service in time of war or emergency.

NRS 284.359           Military leave of absence; reinstatement.

NRS 284.360           Leave of absence without pay.

NRS 284.362           Catastrophic leave: Definitions.

NRS 284.3621         Catastrophic leave: Account for catastrophic leave; transfer of hours to account; limitations on transfers; transfers between branches of government.

NRS 284.3622         Catastrophic leave: Request for transfer to employee of hours from account for catastrophic leave.

NRS 284.3623         Catastrophic leave: Approval of transfer of hours to employee.

NRS 284.3624         Catastrophic leave: Review of status of employee regarding catastrophe; termination of leave; disposition of hours not used.

NRS 284.3625         Catastrophic leave: Maintenance of records; reports to Administrator.

NRS 284.3626         Catastrophic leave: Regulations of Commission.

NRS 284.3627         Committee on Catastrophic Leave: Creation; members; terms; vacancies; members serve without compensation.

NRS 284.3628         Committee on Catastrophic Leave: Chair and Vice Chair; quorum; rules; hearings; Secretary.

NRS 284.3629         Committee on Catastrophic Leave: Appeal of decision of appointing authority; procedure; representation of employee; finality of decision; inapplicability of Open Meeting Law.

TRANSFERS

NRS 284.375           Conditions.

NRS 284.376           Involuntary transfer; hearing; remedies.

NRS 284.3775         Transfer of employee of Supreme Court, unclassified service or Legislative Branch to classified service; exceptions; rights of employee in classified service who accepted position in Legislative Branch. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 284.3775         Transfer of certain employees in Judicial Branch, unclassified service or Legislative Branch to classified service; exceptions; rights of employee in classified service who accepted position in Legislative Branch. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

RETENTION IN AND SEPARATIONS FROM SERVICE

NRS 284.379           Separation or disability retirement of employee with disability.

NRS 284.380           Layoffs; reemployment lists.

NRS 284.381           Limitation on revocation of resignation by employee.

NRS 284.383           Use of disciplinary measures; employee entitled to receive copy of findings or recommendations; classified employee entitled to receive copy of policy explaining information relating to disciplinary action.

NRS 284.384           Adjustment of certain grievances: Regulations; appeal to Employee-Management Committee; enforcement of binding decisions of Employee-Management Committee; representation of employee.

NRS 284.385           Dismissals, demotions and suspensions.

NRS 284.387           Internal administrative investigations leading to certain disciplinary action: Right of employee to written notice of allegations before questioning and to representation; deadline for and notification to employee of completion; extensions.

NRS 284.390           Hearing to determine reasonableness of dismissal, demotion or suspension; judicial review.

NRS 284.391           Hearings: Issuance of subpoenas; discovery; oaths; examination of witnesses.

NRS 284.392           Hearings: Subpoenas extend to all parts of State; service of subpoenas; attendance of witnesses.

NRS 284.393           Hearings: Fees, mileage and expenses of witnesses.

NRS 284.405           Hearings and investigations may be held in public buildings.

USE OF ALCOHOL OR DRUGS BY EMPLOYEES

NRS 284.406           Policy concerning use of alcohol or drugs by state employees.

NRS 284.4061         Definitions.

NRS 284.4062         Employee who consumes or is under the influence of alcohol or drugs or who possesses controlled substance on duty is subject to disciplinary action; state agency required to refer certain employees to employee assistance program.

NRS 284.4063         Grounds for disciplinary action: Failure to notify supervisor after consuming certain drugs; failure or refusal to submit to screening test; failure of screening test.

NRS 284.4064         Appointing authority authorized to require employee who has consumed drug to obtain clearance from physician; inquiry regarding use of alcohol or drug by employee; preventing employee from continuing work.

NRS 284.4065         Screening tests: General provisions.

NRS 284.4066         Screening tests: Applicants for positions affecting public safety required to take screening test; appointing authority authorized to consider results; provision of results to applicant upon request.

NRS 284.4067         Screening tests: Requirements for administration; use; results.

NRS 284.4068         Screening tests: Results confidential; admissibility of results; security; disclosure.

NRS 284.4069         Training for supervisors.

NRS 284.407           Regulations.

PROHIBITIONS AND OFFENSES

NRS 284.410           False statement or report; fraud.

NRS 284.415           Receipt or payment of consideration for appointment or promotion.

NRS 284.420           Obstruction of right to examination, eligibility, certification or appointment; furnishing special or secret information.

NRS 284.425           Member of subversive organization ineligible for appointment or employment in public service.

NRS 284.430           Penalties.

_________

 

GENERAL PROVISIONS

      NRS 284.010  Legislative declaration of purpose.

      1.  The Legislature declares that the purpose of this chapter is:

      (a) To provide all citizens a fair and equal opportunity for public service;

      (b) To establish conditions of service which will attract officers and employees of character and ability;

      (c) To establish uniform job and salary classifications; and

      (d) To increase the efficiency and economy of the agencies in the Executive Department of the State Government by the improvement of methods of personnel administration.

      2.  The Legislature declares that, in its considered judgment, the proper administration of the Executive Department of our State Government requires the enactment of this chapter.

      [Part 1:351:1953]—(NRS A 1963, 485)

      NRS 284.012  Policy concerning employment of persons with disabilities.  Subject to other applicable provisions of this chapter, it is the policy of this State that persons with disabilities must be afforded equal opportunities in employment by the State, by its political subdivisions and in all other employment supported in whole or in part by the State.

      (Added to NRS by 1969, 586; A 1993, 469)

      NRS 284.013  Applicability; terms and conditions of employment of exempted persons; written contracts required for certain services.

      1.  Except as otherwise provided in subsection 4, this chapter does not apply to:

      (a) Agencies, bureaus, commissions, officers or personnel in the Legislative Department or the Judicial Department of State Government, including the Commission on Judicial Discipline;

      (b) Any person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS; or

      (c) Officers or employees of any agency of the Executive Department of the State Government who are exempted by specific statute.

      2.  Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.

      3.  Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the Legislative Commission with respect to the personnel of the Legislative Counsel Bureau.

      4.  Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the State Board of Examiners before those services may be provided.

      (Added to NRS by 1963, 485; A 1971, 768; 1979, 1697; 1981, 1277, 1828; 1983, 179; 1989, 1710; 1991, 993; 1995, 801; 1999, 3064; 2003, 908; 2005, 1137)

      NRS 284.015  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Commission” means the Personnel Commission.

      3.  “Disability,” includes, but is not limited to, physical disability, intellectual disability and mental or emotional disorder.

      4.  “Division” means the Division of Human Resource Management of the Department of Administration.

      5.  “Essential functions” has the meaning ascribed to it in 29 C.F.R. § 1630.2.

      6.  “Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

      [2:351:1953]—(NRS A 1963, 485, 1282; 1965, 674; 1981, 1683; 1983, 618; 1993, 469; 2003, 1436; 2011, 2953; 2013, 694)

      NRS 284.020  Duties of state officers and employees in Executive Department; construction of chapter.

      1.  All officers and employees in the Executive Department of the State Government shall:

      (a) Conform to, comply with and aid in all proper ways in carrying out the provisions of this chapter and the regulations prescribed under it.

      (b) Furnish any records or information which the Administrator or the Commission may request for any purpose of this chapter.

      2.  This chapter does not limit the authority of elective officers and heads of departments to conduct and manage the affairs of their departments as they see fit.

      [57:351:1953]—(NRS A 1963, 486, 1283; 1983, 619)

      NRS 284.022  Inclusion of employees of certain governmental agencies in State Personnel System.  The Division may include within the Personnel System all employees of any governmental agency acquired for administration by the State.

      (Added to NRS by 1965, 255; A 1981, 1684; 1983, 619)

ADMINISTRATION

      NRS 284.025  Division of Human Resource Management: Creation; administration of chapter.

      1.  The Division of Human Resource Management of the Department of Administration is hereby created.

      2.  The Division shall administer the provisions of this chapter.

      [4:351:1953]—(NRS A 1963, 1035; 1983, 619; 2011, 2953)

      NRS 284.030  Personnel Commission: Creation; appointment of members.

      1.  There is hereby created in the Division a Personnel Commission composed of five members appointed by the Governor.

      2.  The Governor shall appoint:

      (a) Three members who are representatives of the general public and have a demonstrated interest in or knowledge of the principles of public personnel administration.

      (b) One member who is a representative of labor and has a background in personnel administration.

      (c) One member who is a representative of employers or managers and has a background in personnel administration.

      [Part 5:351:1953]—(NRS A 1963, 1035; 1983, 619, 774; 2011, 2953)

      NRS 284.035  Personnel Commission: Prohibition against member holding or seeking partisan political office or employment with State.  No member of the Commission shall have held a partisan political office or have been an employee of the State within the calendar year immediately preceding the member’s appointment, nor shall the member seek or hold such an office or employment during the member’s term on the Commission.

      [7:351:1953]

      NRS 284.040  Personnel Commission: Terms and removal of members.

      1.  The members of the Commission shall serve at the pleasure of the Governor, but no appointment shall extend beyond a period of 4 years from the date of expiration of the preceding appointment.

      2.  Continued absence from meetings shall constitute good and sufficient cause for removal of a member by the Governor.

      [Part 5:351:1953] + [6:351:1953]

      NRS 284.045  Personnel Commission: Salaries and expenses of members.

      1.  While engaged in official business of the Division, the members of the Commission are entitled to receive a salary of not more than $80 per day, as fixed by the Commission.

      2.  While engaged in the business of the Division, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      [10:351:1953]—(NRS A 1963, 1036; 1975, 297; 1981, 1979; 1983, 619; 1985, 391; 1989, 1710)

      NRS 284.050  Personnel Commission: Chair; Secretary; duty of Administrator to keep minutes and audio recordings or transcripts.

      1.  The Governor shall designate one of the members of the Commission as Chair of the Commission.

      2.  The Administrator shall act as the nonvoting recording Secretary of the Commission. The Administrator shall keep the minutes and audio recordings or transcripts of the proceedings of the Commission.

      [Part 5:351:1953] + [Part 8:351:1953] + [Part 15:351:1953]—(NRS A 1963, 1036; 1983, 619; 2005, 1408)

      NRS 284.055  Personnel Commission: Meetings; quorum; duty of Commission to keep minutes and audio recordings or transcripts; public records.

      1.  The members of the Commission may meet at the times and places specified by the call of the Chair or a majority of the Commission, but a meeting of the Commission must be held regularly at least once every 3 months.

      2.  Three members of the Commission constitute a quorum. A quorum may exercise any power conferred on the Commission, but no regulations may be adopted, amended or rescinded except by a majority vote of the entire membership of the Commission.

      3.  The Commission shall keep minutes and audio recordings or transcripts of the transactions of each meeting. Except as otherwise provided in NRS 241.035, the minutes, audio recordings and transcripts are public records and must be filed with the Division. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      [Part 8:351:1953] + [Part 9:351:1953]—(NRS A 1963, 1036; 1983, 619, 1440; 2005, 1409; 2013, 328)

      NRS 284.060  Personnel Commission: Rules for management.  The Commission shall prescribe rules and regulations for its own management and government.

      [Part 8:351:1953]

      NRS 284.065  Personnel Commission: Powers and duties.

      1.  The Commission has only such powers and duties as are authorized by law.

      2.  In addition to the powers and duties set forth elsewhere in this chapter, the Commission shall:

      (a) Advise the Administrator concerning the organization and administration of the Division.

      (b) Report to the Governor biennially on all matters which the Commission may deem pertinent to the Division and concerning any specific matters previously requested by the Governor.

      (c) Advise and make recommendations to the Governor or the Legislature relative to the personnel policy of the State.

      (d) Adopt regulations to carry out the provisions of this chapter.

      (e) Foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.

      (f) Review decisions of the Administrator in contested cases involving the classification or allocation of particular positions.

      (g) Exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.

      [Part 8:351:1953] + [Part 9:351:1953]—(NRS A 1963, 1036; 1979, 356; 1983, 620; 2003, 1436)

      NRS 284.068  Employee-Management Committee: Creation; appointment and terms of members.

      1.  The Employee-Management Committee, consisting of six members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint to the Committee:

      (a) Three persons to represent management within the Executive Department of State Government, and three persons to serve as alternates for them.

      (b) Three persons to represent employees within the Executive Department of State Government, and three persons to serve as alternates for them.

      3.  The representatives of employees and their alternates must be selected from a list, supplied by state employees or one or more state employees’ groups, or any combination of these, containing twice as many names as there are vacancies to be filled.

      4.  The members of the Committee and the alternates shall serve for 2 years.

      (Added to NRS by 1983, 361)

      NRS 284.071  Employee-Management Committee: Chair; rules; meetings; secretarial services.

      1.  The Chair of the Employee-Management Committee must be chosen by a majority vote of all persons appointed to serve as members pursuant to NRS 284.068, including, without limitation, the persons appointed to serve as alternates.

      2.  The Committee shall adopt such rules as it deems necessary for its own management.

      3.  The Committee shall meet at least once every 3 months and at such other times as the Chair may designate.

      4.  The Division shall provide secretarial services for the Committee.

      (Added to NRS by 1983, 361; A 1983, 644; 2011, 3066)

      NRS 284.073  Employee-Management Committee: Duties.

      1.  The Employee-Management Committee shall:

      (a) Serve in an advisory capacity to the Governor, the Commission and the Division with respect to all matters of personnel administration and relations between management and employees.

      (b) Receive, consider and make recommendations on matters relating to personnel administration, policy and procedures.

      (c) Provide a forum for the hearing of employees’ suggestions, complaints or disciplinary problems.

      (d) Provide a means of communication for disseminating information to employees regarding the personnel program.

      (e) Except as otherwise provided in subsection 2, hold hearings, when requested, and make final decisions for the adjustment of grievances as provided by the regulations of the Commission.

      2.  The Committee shall not hold any hearing or make a final decision for the adjustment of a grievance unless an equal number of members appointed pursuant to paragraphs (a) and (b) of subsection 2 of NRS 284.068 attend the hearing and take part in making the final decision.

      (Added to NRS by 1983, 361; A 1983, 644; 2011, 3066)

      NRS 284.074  Employee-Management Committee: Issuance and enforcement of subpoenas.

      1.  In carrying out the provisions of paragraph (e) of subsection 1 of NRS 284.073, the Chair of the Employee-Management Committee may issue subpoenas to compel the attendance and testimony of a person that the Committee finds, based upon its information and belief, has direct personal knowledge of the issues presented in the grievance, and to compel the production of books, papers and other items that are relevant to a matter being investigated or considered by the Committee.

      2.  If a person named in a subpoena fails or refuses to attend or testify before the Committee, to answer any questions propounded by the Committee or to produce the books, papers or other items required by the subpoena, the Chair of the Committee may petition the district court to enter an order compelling the person to attend and testify before the Committee, to answer the questions propounded by the Committee or to produce the books, papers or other items required by the subpoena. The petition filed by the Chair must set forth that:

      (a) Due notice has been given to the person named in the subpoena of the time and place for the person’s attendance and testimony before the Committee or for the production of the books, papers or other items required by the subpoena;

      (b) The person has been subpoenaed by the Chair of the Committee pursuant to this section; and

      (c) The person has failed or refused to attend or testify before the Committee, to answer certain questions propounded by the Committee or to produce the books, papers or other items required by the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the person named in the subpoena to:

      (a) Appear before the court at the place and time designated in the order. The time designated by the court must be not later than 10 days after the date of the order.

      (b) Show cause why the person has failed or refused to attend or testify before the Committee, to answer the questions propounded by the Committee or to produce the books, papers or other items required by the subpoena.

Ê A certified copy of the order must be served upon the person named in the subpoena.

      4.  If it appears to the court that the subpoena was regularly issued by the Chair of the Committee and properly served, the court shall enter an order directing the person named in the subpoena to appear before the Committee at the place and time designated in the order and to testify before the Committee, to answer the questions propounded by the Committee or to produce the books, papers or other items required by the subpoena. Failure to obey the order constitutes contempt of court.

      (Added to NRS by 2003, 2001)

      NRS 284.0745  Employee-Management Committee: Subpoenas extend to all parts of state; service of subpoenas; fees, mileage and expenses of witnesses.

      1.  A subpoena issued by the Chair of the Employee-Management Committee extends to all parts of this State and must be served in accordance with the provisions of N.R.C.P. 4(c). The Chair may not require a person named in a subpoena to attend at a place outside the county in which the person resides unless:

      (a) The location of the place is less than 100 miles from the person’s primary residence; or

      (b) A party, by affidavit, shows that the testimony of the person is material and necessary to the proceedings and the Chair endorses on the subpoena an order requiring the person to attend at the place named in the subpoena, regardless of its location in this State.

      2.  A person who appears before the Committee pursuant to a subpoena is entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for a witness in a civil action in the district court, unless the person is a party to the proceeding or an officer or employee of this State or any of its political subdivisions.

      3.  If a person who is entitled to receive fees and mileage pursuant to subsection 2 must appear at a hearing before the Committee at a place located so far from the person’s primary residence that it is not reasonable for the person to return to that residence from day to day, the person is entitled, in addition to fees and mileage, to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day of actual attendance at such a hearing and for each day necessarily occupied in traveling to and from such a hearing.

      4.  Except as otherwise provided in subsection 5, a party who requests that the Chair issue a subpoena to a person shall pay to the Committee the amount of any compensation for per diem and travel expenses that the person is entitled to receive from the Committee pursuant to subsection 3.

      5.  As part of an award of costs to the party who prevails in a proceeding, the Committee may require the party who did not prevail in the proceeding to pay to the Committee the amount of any compensation for per diem and travel expenses that the prevailing party would have otherwise been required to pay to the Committee pursuant to subsection 4.

      (Added to NRS by 2003, 2002; A 2007, 594)

      NRS 284.075  Administrator: Qualifications; other employment prohibited.  The Administrator:

      1.  Shall not engage in any other gainful employment or occupation.

      2.  Must be selected with special reference to the person’s training, experience, capacity and interest in the field of personnel administration. The knowledge and abilities of the person selected as the Administrator should include:

      (a) A comprehensive knowledge of the principles and practices of personnel administration.

      (b) A working knowledge of job and salary classification methods.

      (c) An extensive knowledge of the organization and operations of state departments, agencies and institutions, and of statutes and regulations concerning government personnel.

      (d) An extensive knowledge of principles of public organization and administration.

      (e) Administrative ability in the direction of staff analyses of government salaries and positions, and in the maintenance of effective working relationships with all state officials concerned with personnel.

      (f) Ability to organize and present clearly oral and written reports of findings and recommendations.

      3.  Must have progressively responsible experience in personnel administration in an amount to be determined by the Commission and have been graduated from an accredited 4-year college or university, or have an equivalent combination of experience in personnel administration or training, substituting 2 years of experience for 1 year of training.

      [13:351:1953] + [14:351:1953]—(NRS A 1963, 1036; 1983, 620; 2013, 3825)

      NRS 284.091  Hearing officers: Appointment; duties.  A majority of the members of the Commission shall appoint one or more hearing officers to conduct hearings and render decisions as provided in NRS 284.376 and 284.390.

      (Added to NRS by 1973, 588; A 1983, 247)

      NRS 284.100  Employees of Division.  The Administrator shall appoint such employees of the Division and such expert and special assistants as may be necessary to carry out effectively the provisions of this chapter.

      [Part 15:351:1953] + [16:351:1953] + [Part 68:351:1953]—(NRS A 1963, 1037; 1975, 345; 1983, 621)

      NRS 284.105  Duties of Administrator.

      1.  The Administrator shall direct and supervise all administrative and technical activities of the Division.

      2.  In addition to the duties imposed upon the Administrator elsewhere in this chapter, the Administrator shall:

      (a) Apply and carry out the provisions of this chapter and the regulations adopted pursuant to it.

      (b) Establish objectives for the Division in terms which are specific, measurable and conducive to reliable evaluation, and develop a plan for accomplishing those objectives.

      (c) Establish a system of appropriate policies for each function within the Division.

      (d) Attend all meetings of the Commission.

      (e) Advise the Commission with respect to the preparation and adoption of regulations to carry out the provisions of this chapter.

      (f) Report to the Governor and the Commission upon all matters concerning the administration of the Administrator’s office and request the advice of the Commission on matters concerning the policies of the Division, but the Administrator is responsible for the conduct of the Division and its administrative functions unless otherwise provided by law.

      (g) Establish and maintain a roster of all employees in the public service. The roster must set forth, as to each employee:

             (1) The class title of the position held.

             (2) The salary or pay.

             (3) Any change in class title, pay or status.

             (4) Other pertinent data.

      (h) In cooperation with appointing authorities and others, foster and develop programs for improving the effectiveness and morale of employees, including training and procedures for hearing and adjusting grievances.

      (i) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and make available the facilities and services of the Division and its employees to this end.

      (j) Make to the Commission and to the Governor a biennial report regarding the work of the Division and such special reports as the Administrator may consider desirable.

      (k) Maintain a continuous program of recruiting for the classified service.

      (l) Perform any other lawful acts which the Administrator may consider necessary or desirable to carry out the purposes and provisions of this chapter.

      [Part 12:351:1953] + [Part 15:351:1953]—(NRS A 1963, 486, 1283; 1983, 246, 621; 2003, 1436)

      NRS 284.110  Personnel Operating Fund: Creation; sources; uses.

      1.  The Personnel Operating Fund is hereby created as an internal service fund.

      2.  The Division may accept on behalf of the State any grant or contribution, federal or otherwise, made to assist in meeting the costs of carrying out the purposes of this chapter. All such grants and contributions must be deposited with the State Treasurer to the credit of the Personnel Operating Fund.

      3.  All costs of administering the provisions of this chapter must be paid out of the Personnel Operating Fund on claims in the same manner as other claims against the State are paid.

      [64:351:1953] + [67:351:1953]—(NRS A 1957, 217; 1960, 111; 1961, 714; 1963, 1038; 1977, 229; 1981, 255, 1684; 1983, 622)

      NRS 284.115  Administrative costs: Budgeting; payment by state departments, agencies and institutions.

      1.  The Administrator shall:

      (a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.

      (b) In preparation for the budget for each biennium, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost, expressed as a percentage of the gross annual salaries paid, of carrying out the functions of the Division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of that cost.

      2.  Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost estimated pursuant to subsection 1.

      3.  Except as otherwise provided in subsection 4, on July 1 of each year each department, agency and institution shall pay to the Administrator for deposit in the Personnel Operating Fund an assessment equal to the amount of money appropriated to or authorized for that department, agency or institution pursuant to its budget for the costs of personnel administration.

      4.  Any state department, agency or institution may pay the assessment required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.

      5.  Changes in assessments are effective upon approval of the Governor and the Interim Finance Committee.

      [Part 65:351:1953] + [Part 66:351:1953]—(NRS A 1961, 715; 1963, 622, 1280; 1969, 704; 1977, 229; 1983, 622; 1987, 160; 1991, 1747)

      NRS 284.121  Reports of appointing authorities regarding appointments, transfers, separations, suspensions, reinstatements, reductions or other changes to positions in public service.  Each appointing authority shall report to the Administrator in writing, from time to time, any appointment, transfer, separation, suspension, reinstatement or any reduction or other change to a position in the public service. The report must contain:

      1.  The name of the appointee or employee.

      2.  The title and status of the employment of the appointee or employee.

      3.  The date of commencement of the action.

      4.  The salary or compensation of the appointee or employee.

      (Added to NRS by 2001, 1440; A 2003, 1437)

      NRS 284.125  Investigation of duplication of work; duties of Administrator.

      1.  When requested by the Governor, the Legislature, or their authorized representatives, the Administrator may:

      (a) Investigate duplication of personnel work of departments, institutions and agencies in the Executive Department of the State Government.

      (b) Study the personnel organization and administration of those departments, institutions and agencies.

      (c) Formulate plans for better and more effective personnel management.

      2.  The Administrator shall prepare and report any personnel data or statistics which the Governor or the Legislature may require.

      3.  The Administrator shall cooperate with the heads of departments and agencies in making similar personnel studies in their respective departments and agencies.

      [63:351:1953]—(NRS A 1963, 487, 1284; 1983, 623)

      NRS 284.130  Assistance of state and local officers.  The Administrator may request officers and employees in the Executive Department of the State Government or local officers or employees to aid in carrying out the provisions of this chapter, and insofar as it may be consistent with their other duties, these officers and employees shall give such aid upon the Administrator’s written request.

      [Part 60:351:1953]—(NRS A 1963, 487, 1284; 1983, 623)

      NRS 284.135  Services and facilities of Division available to political subdivisions.

      1.  Subject to regulations adopted by the Commission, the services and facilities of the Division and its employees are available upon request to political subdivisions of the State.

      2.  In making the services and facilities of the Division and its employees available, it must be understood that:

      (a) Requirements for the enforcement and administration of the provisions of this chapter must be given precedence; and

      (b) The political subdivisions shall reimburse the Division for the reasonable cost of those services and facilities.

      [61:351:1953]—(NRS A 1963, 1040; 1983, 623; 2003, 1437)

CLASSIFICATION

      NRS 284.139  Unclassified service: “Agency” defined.  As used in NRS 284.140, “agency” means every board and commission in the Executive Department of the State Government the members of which, or some of such members, are required by law to be appointed.

      (Added to NRS by 1960, 486; A 1963, 487)

      NRS 284.140  Unclassified service: Composition.  The unclassified service of the State consists of the following state officers or employees in the Executive Department of the State Government who receive annual salaries for their services:

      1.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

      2.  Except as otherwise provided in NRS 223.085, 223.570 and 223.600, all persons required by law to be appointed by the Governor or heads of departments or agencies appointed by the Governor or by boards.

      3.  All employees other than clerical in the Office of the Attorney General and the State Public Defender required by law to be appointed by the Attorney General or the State Public Defender.

      4.  Except as otherwise provided by the Board of Regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the Agricultural Extension Department and Experiment Station of the Nevada System of Higher Education, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The Board of Regents of the University of Nevada shall assist the Administrator in carrying out the provisions of this chapter applicable to the Nevada System of Higher Education.

      5.  All other officers and employees authorized by law to be employed in the unclassified service.

      [1:273:1953] + [18:351:1953]—(NRS A 1963, 487, 1179; 1965, 147, 255; 1969, 1426; 1977, 159; 1983, 624; 1987, 291; 1993, 374; 1999, 1815, 3279; 2001, 115, 1439, 2285; 2003, 159)

      NRS 284.143  Unclassified service: Certain persons may pursue other businesses or occupations or other office for profit.  Except as otherwise provided in NRS 281.127, a person in the unclassified service of the State who has been appointed or employed for service in a department, division, agency or institution, other than a director of a department, may pursue any other business or occupation or hold any other office for profit if:

      1.  The other employment does not conflict with the duties the person is required to perform in the person’s unclassified service;

      2.  The other employment does not conflict with the hours during which the person is required to perform those duties; and

      3.  The person has obtained the approval of the person’s supervisor.

      (Added to NRS by 1995, 2310)

      NRS 284.145  Appointment to position in unclassified service from registers of eligible persons.  Officers authorized by law to make appointments to positions in the unclassified service and appointing officers of departments or institutions whose employees are exempt from the provisions of this chapter may make appointments from appropriate registers of eligible persons maintained by the Division without affecting the continuance of the names on the list.

      [21:351:1953]—(NRS A 1963, 1041; 1983, 624)

      NRS 284.147  Unclassified service: Heads of departments may employ deputies and employees necessary to fill unclassified positions; salaries.  Unless otherwise provided by law, elective officers and the heads of the several state departments, agencies and institutions in the Executive Department of the State Government are authorized to employ at or below the salaries specified by law the deputies and employees necessary to fill the unclassified positions authorized by law for their departments.

      (Added to NRS by 1959, 514; A 1963, 488; 1979, 607)

      NRS 284.148  Unclassified and classified service: Persons exempt pursuant to federal Fair Labor Standards Act; determination of exempt positions by Division.

      1.  An elected officer or an employee in the unclassified service who is on the personal staff of an elected officer, an appointed head of a department or division who serves at the pleasure or discretion of an elected officer or an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.:

      (a) Must be paid on a salary basis, within a maximum amount established by law;

      (b) Is not entitled to compensation for overtime; and

      (c) Is not subject to disciplinary suspensions for less than 1 week.

      2.  An employee in the classified service who is an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., and who is either a head of a department, division or bureau, or a doctoral level professional:

      (a) Must be paid on a salary basis;

      (b) Is not entitled to compensation for overtime; and

      (c) Is not subject to disciplinary suspensions for less than 1 week.

      3.  Unless otherwise specified by statute, the Division shall determine which positions in the classified and unclassified service are subject to the provisions of this section.

      (Added to NRS by 1993, 2090; A 2003, 52)

      NRS 284.150  Classified service: Composition; limitations on appointment, transfer, promotion, demotion or discharge; discrimination prohibited.

      1.  The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are:

      (a) Lawfully designated as being in the classified service; and

      (b) Filled according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive, except as otherwise provided in this chapter and NRS 209.161.

      2.  Except as otherwise provided in NRS 193.105, 209.161 and 416.070, a person must not be appointed, transferred, promoted, demoted or discharged in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.

      3.  A person must not be discriminated against on account of the person’s religious opinions or affiliations, race, sex, age or disability.

      [19:351:1953]—(NRS A 1963, 488; 1977, 552; 1991, 468; 1993, 469; 2001, 1831; 2003, 1438)

      NRS 284.155  Regulations for classified service.

      1.  The Commission shall adopt a code of regulations for the classified service.

      2.  The code must include regulations concerning certifications and appointments for:

      (a) Positions in classes having a maximum salary of $12,500 or less as of December 31, 1980, where the regular procedures for examination and certification are impracticable; and

      (b) Classes where applicants for promotion are not normally available.

Ê These regulations may be different from the regulations concerning certifications and appointments for other positions in the classified service.

      [20:351:1953]—(NRS A 1963, 1041; 1981, 1040; 1983, 625; 2003, 1438)

      NRS 284.160  Classification plan for classified service; changes in plan; procedure for making certain changes without approval of Commission.

      1.  The Administrator shall prepare, maintain and revise as necessary a classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.

      2.  The duty of the Administrator to classify extends to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.

      3.  The Administrator may, after consultation with the head of a department or agency, make changes in the classification of positions whenever the Administrator deems it necessary for the efficiency of the public service.

      4.  The classification plan and changes therein are subject to approval by the Commission, except that the Administrator may make a change in the classification plan without the prior approval of the Commission if:

      (a) The Administrator deems it necessary for the efficiency of the public service;

      (b) The change is not proposed in conjunction with an occupational study; and

      (c) The Administrator, at least 20 working days before acting upon the proposed change:

             (1) Provides written notice of the proposal to each member of the Commission, to all departments and to any head of an employees’ organization who requests notice of such proposals; and

             (2) Posts a written notice of the proposal in each of the principal offices of the Division.

Ê Any occupational study conducted by the Division in connection with the preparation, maintenance or revision of the classification plan must be approved by the Commission.

      5.  If no written objection to the proposed change to the classification plan is received by the Administrator before the date it is scheduled to be acted upon, the Administrator may effect the change. The Administrator shall report to the Commission any change in the classification plan made without its approval at the Commission’s next succeeding regular meeting.

      6.  If a written objection is received before the date the proposed change is scheduled to be acted upon, the Administrator shall place the matter on the agenda of the Commission for consideration at its next succeeding regular meeting.

      [Part 22:351:1953]—(NRS A 1963, 1041; 1983, 625; 1985, 151; 1991, 453)

      NRS 284.165  Allocation of positions; hearing; review by Commission.

      1.  As soon as practicable and after consultation with appointing authorities and principal supervisory officials, the Administrator shall allocate the position of every employee in the classified service to one of the positions in the position classification plan.

      2.  Any employee affected by the allocation of a position to a grade or class or by a change in classification, after filing with the Administrator a written request for reconsideration thereof, must be given a reasonable opportunity to be heard thereon by the Administrator.

      3.  Any employee who is aggrieved by the Administrator’s decision concerning an allocation or change in classification is entitled to have the decision reviewed by the Commission if the employee submits a written request to the Commission for such a review not later than 30 days after the Administrator’s decision.

      [Part 22:351:1953]—(NRS A 1963, 1041; 1979, 357; 1983, 625)

      NRS 284.170  Establishment of titles and grades for each class of employment; description of duties; specification of minimum qualifications.

      1.  Titles and grades shall be established for each class of employment for use in examining and certifying the names of persons for appointment under this chapter; and a description of the duties and responsibilities exercised by the persons appointed to each of them shall be drawn up; and minimum qualifications shall be specified for satisfactory performance of the duties of each grade and class.

      2.  The titles and grades in the several classifications as defined by the specifications of duties and qualifications shall be used for original appointments, promotions, payrolls and all other records affecting the status of personnel.

      [Part 22:351:1953]

      NRS 284.171  Index of broad occupational groups.  For the purposes of NRS 353.205 and 353.224, the Administrator shall prepare and maintain an index which categorizes all positions in the classified service of the State into the following broad occupational groups:

      1.  Occupations in the fields of agriculture and conservation.

      2.  Clerical and related occupations.

      3.  Occupations relating to custodial and domestic services.

      4.  Occupations relating to library services.

      5.  Occupations in the field of education.

      6.  Engineering and allied occupations.

      7.  Occupations in fiscal management and related staff services.

      8.  Occupations relating to legal services.

      9.  Occupations in the mechanical and construction trades.

      10.  Occupations in the fields of medicine and health and related services.

      11.  Occupations in regulatory fields and in public safety.

      12.  Occupations in social services and rehabilitation.

      13.  Positions that require certification by the Peace Officers’ Standards and Training Commission pursuant to NRS 289.150 to 289.360, inclusive.

      14.  Other occupations.

      (Added to NRS by 1979, 606; A 1983, 625; 1987, 1324; 2001, 1440; 2007, 2842)

      NRS 284.172  List of positions in classified service primarily performing data processing; approval of new position or reclassification to position on list.

      1.  The Administrator shall prepare, maintain and revise as necessary a list of all positions in the classified service that consist primarily of performing data processing.

      2.  The request of an appointing authority that is required to use the equipment or services of the Division of Enterprise Information Technology Services of the Department of Administration for a new position or the reclassification of an existing position to a position included on the list required by subsection 1 must be submitted to the Administrator of the Division of Enterprise Information Technology Services for approval before submission to the Division of Human Resource Management.

      (Added to NRS by 1993, 446; A 1995, 521; 1997, 3089; 2011, 2953)

CONTRACTS TO PROVIDE SERVICES

      NRS 284.1729  Limitations and requirements; approval by State Board of Examiners; emergencies; reports to Interim Finance Committee; applicability of state purchasing provisions; exceptions.  Repealed. (See chapter 16, Statutes of Nevada 2013, at page 52.)

 

COMPENSATION

      NRS 284.175  Plan for payment of classified employees: Preparation; approval; contents; regulations; recommendations to Legislature.

      1.  After consultation with appointing authorities and state fiscal officers, the Administrator shall prepare a pay plan for all employees in the classified service.

      2.  The pay plan and its amendments become effective only after approval by the Governor.

      3.  The pay plan must include, without limitation, ranges for each class, grade or group of positions in the classified service. Each employee in the classified service must be paid at one of the rates set forth in the pay plan for the class of position in which the employee is employed and at such time as necessary money is made available for the payment.

      4.  The Commission shall adopt regulations to carry out the pay plan.

      5.  The Administrator may make recommendations to the Legislature during regular legislative sessions concerning salaries for the classified service of the State. In making such recommendations, the Administrator shall consider factors such as:

      (a) Surveys of salaries of comparable jobs in government and private industry within the State of Nevada and western states, where appropriate;

      (b) Changes in the cost of living;

      (c) The rate of turnover and difficulty of recruitment for particular positions; and

      (d) Maintaining an equitable relationship among classifications.

      [Part 23:351:1953]—(NRS A 1963, 1042; 1965, 239, 1184; 1967, 1048; 1968, 55; 1969, 1394; 1971, 1416; 1973, 903, 911, 1547; 1975, 1426, 1847; 1977, 1041; 1981, 870; 1983, 626; 1989, 15; 2003, 1438)

      NRS 284.177  Plan to encourage continuity of service.

      1.  A plan to encourage continuity of service, administered by the Division, is hereby established for employees with 8 years or more of continuous state service. Except as otherwise provided in NRS 284.179, an employee rated standard or better with 8 years or more of continuous service is entitled to receive a semiannual payment of $75 plus:

      (a) An annual increase of $25 in the semiannual payment for each year of the employee’s ninth through fourteenth years of continuous service;

      (b) An annual increase of $50 in the semiannual payment for each year of the employee’s fifteenth through twenty-fourth years of continuous service; and

      (c) An annual increase of $75 in the semiannual payment for each additional year of continuous service after 24 years, up to a maximum of 30 years of continuous state service.

      2.  An interruption in continuous state service terminates the employee’s eligibility for additional pay pursuant to subsection 1.

      3.  Except as otherwise provided in this subsection, no year served before the interruption may be counted in determining the employee’s subsequent eligibility. This provision does not apply to an employee who was employed before July 1, 1981, unless the employee leaves state service after that date.

      4.  As used in this section, “continuous service” means uninterrupted service as defined by the Commission.

      (Added to NRS by 1973, 822; A 1975, 640; 1979, 723; 1981, 1319; 1983, 626; 1987, 1736; 2003, 2519)

      NRS 284.179  Professional employees of Nevada System of Higher Education not entitled to payments pursuant to plan to encourage continuity of service.  The professional employees of the Nevada System of Higher Education are not entitled to receive the payments provided in NRS 284.177.

      (Added to NRS by 1985, 845; A 1993, 376; 2003, 2520)

      NRS 284.180  Pay plan to set official rates applicable to all positions in classified service; overtime; workweek for certain firefighters; innovative workweeks; existing contracts of employment; payment for working on holiday.

      1.  The Legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the Legislature relative to budgeted appropriations for salary and wage expenditures.

      2.  Credit for overtime work directed or approved by the head of an agency or the representative of the head of the agency must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.

      3.  Except as otherwise provided in subsections 4, 6, 7 and 9, overtime is considered time worked in excess of:

      (a) Eight hours in 1 calendar day;

      (b) Eight hours in any 16-hour period; or

      (c) A 40-hour week.

      4.  Firefighters who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A firefighter so assigned is entitled to receive 1/26 of the firefighter’s annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:

      (a) Twenty-four hours in one scheduled shift; or

      (b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.

Ê The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firefighters. In addition to the regular amount paid such a firefighter for the deemed average of 56 hours per week, the firefighter is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.

      5.  The Commission shall adopt regulations to carry out the provisions of subsection 4.

      6.  For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week.

      7.  Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.

      8.  An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in a workweek.

      9.  This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the Commission.

      10.  All overtime must be approved in advance by the appointing authority or the designee of the appointing authority. No officer or employee, other than a director of a department or the chair of a board, commission or similar body, may authorize overtime for himself or herself. The chair of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.

      11.  The Budget Division of the Department of Administration shall review all overtime worked by employees of the Executive Department to ensure that overtime is held to a minimum. The Budget Division shall report quarterly to the State Board of Examiners the amount of overtime worked in the quarter within the various agencies of the State.

      12.  A state employee is entitled to his or her normal rate of pay for working on a legal holiday unless the employee is entitled to payment for overtime pursuant to this section and the regulations adopted pursuant thereto. This payment is in addition to any payment provided for by regulation for a legal holiday.

      [Part 24:351:1953]—(NRS A 1971, 1061; 1975, 242; 1983, 627, 1235, 1236; 1991, 1170; 1993, 2091; 1999, 252; 2003, 1439; 2005, 322; 2011, 2887)

      NRS 284.181  Agreements concerning provision of compensatory vacation time instead of monetary payment for overtime.  A department, agency or institution within the Executive Department of State Government which is authorized by law to make appointments in the classified or unclassified service may enter into an agreement with an organization representative of state employees which has been designated and recognized pursuant to the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., for the provision of compensatory vacation time instead of monetary payment for overtime. If an employee is not a member of such an organization, the department, agency or institution may enter into such an agreement with the employee directly.

      (Added to NRS by 1993, 2091)

      NRS 284.185  Certification of payroll by Administrator.  The State Controller or any other state fiscal officer shall not draw, sign, issue or authorize the drawing, signing or issuing of any warrant on the State Treasurer or other state disbursing officer, and the State Treasurer or other state disbursing officer shall not pay any salary or compensation to any person in the classified or unclassified service of the State unless the payroll or account for the salary or compensation containing the name of every person to be paid bears the certificate of the Administrator or the authorized representative of the Administrator stating:

      1.  That the persons named in the payroll or account have been appointed, employed, reinstated or promoted as required by law and the regulations established under this chapter; and

      2.  That the salary or compensation is within the salary or wage schedule fixed pursuant to law.

      [53:351:1953]—(NRS A 1963, 1042; 1983, 627)

      NRS 284.190  Liability for unlawful payment: Action for recovery; disposition of proceeds of action.

      1.  Every officer who willfully makes a payment of salary or compensation contrary to the provisions of this chapter and any officer who signs, countersigns, or authorizes the signing or countersigning of any warrant for such a payment, and the sureties on the officer’s official bond, are liable to the State of Nevada therefor.

      2.  An action to recover such a payment may be maintained in the district court of any county by the Administrator or a member of the Commission.

      3.  All money recovered in such an action, when collected, must be paid into the appropriate fund in the State Treasury.

      [54:351:1953]—(NRS A 1963, 1042; 1983, 628)

      NRS 284.195  Action by employee against appointing authority if appointed contrary to law and regulations; reimbursement of appointing authority prohibited.

      1.  Any person employed or appointed contrary to the provisions of this chapter and the rules and regulations thereunder whose payroll or account is refused certification shall have an action against the appointing authority employing or appointing or attempting to employ or appoint the person for the amount due by reason of such employment or purported employment, and the costs of such action.

      2.  No appointing authority, during the time of the official service of the appointing authority or thereafter, shall be reimbursed by the State for any sum so paid or recovered in any such action.

      [55:351:1953]

      NRS 284.200  Proceeding to compel Administrator to certify payroll.  If the Administrator wrongfully withholds certification of the payroll or account of any employee, the employee may maintain a proceeding to compel the Administrator to certify the payroll or account.

      [56:351:1953]—(NRS A 1963, 1042; 1983, 628)

EXAMINATIONS AND LISTS FOR EMPLOYMENT

      NRS 284.205  Competitive examinations: Regulations.  The Commission shall adopt regulations for open competitive examinations to test the relative fitness of applicants for the respective positions.

      [Part 25:351:1953]—(NRS A 1963, 1042; 1983, 628; 2003, 1440)

      NRS 284.210  Competitive examinations: Requirements; contents; persons conducting examinations.

      1.  All competitive examinations for positions in the classified service must:

      (a) Relate to those matters which fairly test the capacity and fitness of the persons examined to perform in an efficient manner the duties of the class in which employment is sought.

      (b) Be open to all applicants who meet the reasonable standards or requirements fixed by the Administrator with regard to experience, character, age, education, physical condition and any other factors relating to the ability of the applicants to perform the duties of the position with reasonable efficiency.

      2.  An examination may consist of:

      (a) An evaluation of the applicant’s training and experience;

      (b) A written examination;

      (c) An oral examination;

      (d) An evaluation of the applicant’s performance, such as the ability to operate successfully certain equipment; or

      (e) Any combination of paragraphs (a) to (d), inclusive.

      3.  An examination may be conducted by using a center for assessment as defined by regulations adopted by the Commission. An employee of the department for which an examination is being held may not serve on the panel or score the examination.

      4.  An oral examination given pursuant to this section must be:

      (a) Except as otherwise provided in subsection 5, conducted by a panel of which no more than one-third of the members are employed by the department in which a vacancy exists for the position for which the examination is given.

      (b) Recorded and maintained by the department for:

             (1) Not less than 2 years after the date of the examination; or

             (2) Until the final disposition of a charge of discrimination,

Ê whichever is longer, and must be available to an affected person upon request.

      5.  Employees of the department in which a vacancy exists may comprise more than one-third of the members of the panel if:

      (a) A member who is not such an employee is unable to serve on the panel because of illness or an emergency;

      (b) The department has more than 1,000 employees; and

      (c) The department has two or more divisions that administer separate and diverse programs and the employees of the department on the panel are not employed by the same division.

      [Part 26:351:1953]—(NRS A 1963, 1043; 1975, 1165; 1983, 628; 1985, 1164; 1997, 1028; 2003, 1440)

      NRS 284.215  Examination of persons with disabilities.  A person with a disability must be examined in a manner that fairly tests the person’s ability to perform the duties of the position, notwithstanding the person’s disability.

      [Part 26:351:1953]—(NRS A 1965, 675; 1993, 470)

      NRS 284.220  Certificates of general or special qualifications.  The Administrator may require applicants, when filing their applications, to submit certificates of general or special qualifications as the good of the public service may require.

      [Part 26:351:1953]—(NRS A 1963, 1043; 1983, 628)

      NRS 284.230  Time and place of holding examination; use of public buildings.

      1.  Examinations must be held at such times and places as in the judgment of the Administrator most nearly meet the convenience of applicants, practicability of administration, and the needs of the public service.

      2.  The officers having control of public buildings in political subdivisions of the State and in school districts, upon request of the Administrator, shall furnish convenient and reasonable space for examinations and necessary furniture, heat and light for the accommodation of the local examiners and for holding of examinations authorized by this chapter.

      [Part 26:351:1953] + [Part 60:351:1953]—(NRS A 1963, 1043; 1983, 628)

      NRS 284.235  Designation of persons to assist in examinations.  The Administrator may designate appropriate persons, including officers and employees in the public service, to assist in the preparation and rating of examinations. An appointing authority may excuse any employee in the division of the appointing authority from the employee’s regular duties for the time required for the employee’s work as an examiner. Those officers and employees are not entitled to extra pay for their services as examiners, but are entitled to their regular salaries.

      [17:351:1953]—(NRS A 1963, 1043; 1983, 629; 1985, 391)

      NRS 284.240  Grounds for refusal to examine or certify.  The Administrator may refuse to examine an applicant or, after examination, may refuse to certify an eligible person who:

      1.  Lacks any of the preliminary requirements established for the examination for the position or employment for which the applicant or eligible person applies.

      2.  Submitted to a screening test administered pursuant to NRS 284.4066, the results of which indicated the presence of a controlled substance, and the person did not provide the proof required by NRS 284.4066.

      3.  Has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct.

      4.  Has been dismissed from the public service for delinquency or misconduct.

      5.  Has made a false statement of any material fact.

      6.  Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of or in connection with, the examination, appointment or proposed appointment of the applicant or eligible person.

      7.  Has practiced, or attempted to practice, any deception or fraud in the application, certificate or examination of the applicant or eligible person, or in securing the eligibility or appointment of the applicant or eligible person.

      [27:351:1953]—(NRS A 1963, 1043; 1983, 629; 1993, 470; 2003, 1441)

      NRS 284.245  Statement of Administrator upon refusal to examine or certify; appeal to Commission.

      1.  When the Administrator refuses to examine an applicant or, after an examination, refuses to certify an eligible person, the applicant or eligible person may request the Administrator to furnish to the applicant or eligible person a statement of the reasons for the refusal to examine or the refusal to certify, as the case may be. The Administrator shall furnish the statement upon request.

      2.  If the Administrator refuses to examine an applicant or, after an examination, refuses to certify an eligible person, the applicant or eligible person may take an appeal to the Commission in accordance with regulations adopted by the Commission. If the Commission finds that the Administrator is in error in refusing to examine an applicant or in refusing to certify an eligible person, the Commission shall order the Administrator to examine or certify, and the Administrator shall comply.

      [28:351:1953]—(NRS A 1963, 1044; 1983, 629)

      NRS 284.250  Regulations for establishment of lists of eligible persons; limitation on term of eligibility.

      1.  The Commission shall adopt regulations for the establishment of eligible lists for appointment and promotion which must contain the names of successful applicants in the order of their relative excellence in the respective examinations.

      2.  The term of eligibility of applicants on such lists is 1 year, but the term may be extended by the Administrator to a maximum of 3 years.

      [30:351:1953]—(NRS A 1963, 1044; 1983, 630; 2003, 1441)

      NRS 284.253  Preference on list for residents of Nevada.  In establishing the lists of eligible persons, a preference must be allowed for persons who reside in this State at the time the examination is completed. Five points must be added to the passing grade achieved on the examination. For the purposes of this section, the person examined must reside physically within the State. If any person is absent from the State with the intention in good faith to return without delay and continue the person’s residence, the time of the absence must not be considered in determining the fact of the person’s residence.

      (Added to NRS by 1965, 255; A 1981, 1040)

      NRS 284.254  Preference on list for person separated from service because agency terminated.  In establishing lists of eligible persons, a preference must be allowed for each person in the classified service who has been separated from the service because the agency by which the person was employed was terminated pursuant to NRS 232B.100.

      (Added to NRS by 1979, 1841)

      NRS 284.255  Appointments to be made from appropriate lists.

      1.  Appointments must be made from the appropriate eligible list, but if no such list exists then the Administrator may certify from such other list as the Administrator deems the next most appropriate. A new and separate list must be created for a stated position only when there is no satisfactory list.

      2.  Unless otherwise provided by this chapter, no person may be appointed or employed under any title not appropriate to the duties performed.

      [Part 31:351:1953]—(NRS A 1963, 1044; 1983, 630)

      NRS 284.260  Preferences for veterans and members of Nevada National Guard: Additional credits on examination.

      1.  In establishing the lists of eligible persons, certain preferences must be allowed for:

      (a) Veterans not dishonorably discharged from the Armed Forces of the United States. For veterans with disabilities, 10 points must be added to the passing grade achieved on the examination. For ex-servicemen and women who have not suffered disabilities, and for the widows and widowers of veterans, 5 points must be added to the passing grade achieved on the examination.

      (b) Members of the Nevada National Guard. For a member of the Nevada National Guard who submits a letter of recommendation from the commanding officer of the member’s unit, 5 points must be added to the passing grade achieved on the examination.

      2.  Any person qualifying for preference points pursuant to subsection 1 is entitled to have the points applied to any open competitive examination in the classified service, but only to one promotional examination.

      3.  For the purposes of this section, “veteran” has the meaning ascribed to “eligible veteran” in 38 U.S.C. § 4211.

      [32:351:1953]—(NRS A 1975, 1166; 1995, 160; 2011, 692)

      NRS 284.265  Notice of new positions and vacancies: Certification of names by Administrator.  Except as otherwise provided in NRS 284.305, appointing authorities shall give notice to the Administrator of their intention to fill any vacancy in the classified service. Except as otherwise provided in this section, within a reasonable time after the receipt of the notice, the Administrator shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified, the five names at the head thereof. If the competitive examination for that position is scored to the nearest one-hundredth of a point and there are more than five persons having the five highest scores, the names of each of those persons must be so certified.

      [33:351:1953]—(NRS A 1963, 1044; 1965, 256; 1983, 630; 1995, 237)

APPOINTMENTS

      NRS 284.290  Probationary period: Length; dismissal or demotion; notification by appointing authority regarding permanent status.

      1.  All original competitive appointments to and promotions within the classified service must be for a fixed probationary period of 6 months, except that a longer period not exceeding 1 year may be established for classes of positions in which the nature of the work requires a longer period for proper evaluation of performance.

      2.  Dismissals or demotions may be made at any time during the probationary period in accordance with regulations adopted by the Commission.

      3.  Before the end of the probationary period and in accordance with regulations adopted by the Commission, the appointing authority shall notify the Administrator in writing whether or not the probationer is a satisfactory employee and should receive the status of a permanent appointee.

      [39:351:1953]—(NRS A 1963, 1045; 1983, 631; 2003, 1441)

      NRS 284.295  Vacancy filled by promotion; eligibility; competitive examinations.

      1.  Vacancies in positions must be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions must be based upon merit and fitness, to be ascertained in accordance with regulations adopted by the Commission. In such regulations, the employee’s efficiency, character, conduct and length of service must all constitute factors. For the purposes of this subsection, a person employed by the Legislative Branch of Government pursuant to subsection 5 of NRS 284.3775 shall be deemed to hold the position the person held before the legislative session.

      2.  Eligibility for promotion must be determined on recommendation of the appointing authority and certification by the Administrator that the employee meets the minimum requirements and demonstrates the employee’s qualifications in accordance with regulations adopted by the Commission.

      3.  The Administrator may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist.

      4.  An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class constitutes a promotion.

      [36:351:1953]—(NRS A 1963, 1045; 1983, 631; 1989, 1647; 2003, 1442)

      NRS 284.300  Restoration of promotional appointee who fails to attain permanent status.

      1.  Any promotional appointee who fails to attain permanent status in the position to which the appointee was promoted, or who is dismissed for cause other than misconduct or delinquency on the appointee’s part from the position to which the appointee was promoted, either during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for the appointee’s continuance in the position, shall be restored to the position from which the appointee was promoted.

      2.  Nothing contained in this section shall be construed to prevent any employee of the classified service from competing for places upon lists of persons eligible for original appointments.

      [37:351:1953]

      NRS 284.305  Provisions and regulations for filling positions in classified service without competition.

      1.  Except as otherwise provided in subsection 2, positions in the classified service may be filled without competition only as provided in NRS 284.155, 284.307, 284.309, 284.310, 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and 284.3775.

      2.  The Commission may adopt regulations which provide for filling positions in the classified service without competition in cases involving:

      (a) The demotion of a current employee;

      (b) The reemployment of a current or former employee who was or will be adversely affected by layoff, military service, reclassification or a permanent partial disability arising out of and in the course of the employment of the current or former employee; or

      (c) The reappointment of a current employee.

      [Part 38:351:1953]—(NRS A 1981, 1040; 1989, 1266; 1995, 286; 2003, 1442)

      NRS 284.307  Automatic advancement of person in training or preparatory position.  An employee who holds a position classified as a training or preparatory position may advance automatically to a position having a higher classification after the employee meets the minimum qualifications for the higher classification and receives the recommendation of the appointing authority for that advancement.

      (Added to NRS by 1981, 1039)

      NRS 284.309  Waiver of examination if fewer than five qualified applicants.  If a competitive examination is required for a vacancy and fewer than five qualified applicants respond after extensive efforts at recruitment, the examination may be waived and the Administrator may submit the applications of the qualified applicants without certification to the appointing authority for selection.

      (Added to NRS by 1981, 1040; A 1983, 632)

      NRS 284.310  Provisional appointment.

      1.  Whenever there are urgent reasons for filling a vacancy in any position in the classified service and the Administrator is unable to certify from any appropriate eligible list for the vacancy, the Administrator may issue a provisional permit or certify a suitable person to fill the vacancy provisionally only until a selection and appointment can be made after competitive examination.

      2.  No person may receive more than one provisional appointment or serve more than 6 months in any 12-month period as a provisional appointee.

      3.  A provisional appointee must meet the minimum qualifications established for the class of positions involved.

      [Part 38:351:1953]—(NRS A 1963, 1046; 1983, 632)

      NRS 284.315  Emergency appointment.  In case of an emergency, an appointment may be made without regard to the provisions of this chapter relative to appointments, but in no case shall such appointment continue longer than 60 working days in any 12-month period.

      [Part 38:351:1953]

      NRS 284.317  Appointment of persons with disabilities.  Full consideration must be given to the employment of a person with a disability for a position if the person is capable of performing the essential functions of the position with or without reasonable accommodations.

      (Added to NRS by 1965, 675; A 1993, 470; 2003, 1442)

      NRS 284.320  Appointments requiring exceptional scientific, professional or expert qualifications.

      1.  In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional or expert character are required, and upon satisfactory evidence that for specific reasons competition in that case is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in the required qualities, the Administrator may suspend the requirements of competition.

      2.  The Administrator may suspend the requirements of competitive examination for positions requiring highly professional qualifications if past experience or current research indicates a difficulty in recruitment or if the qualifications include a license or certification.

      3.  Upon specific written justification by the appointing authority, the Administrator may suspend the requirement of competitive examination for a position where extreme difficulty in recruitment has been experienced and extensive efforts at recruitment have failed to produce five persons in the state service who are qualified applicants for promotion to the position.

      4.  Except in the circumstances described in subsection 2, no suspension may be general in its application to any position, and each case of suspension and the justifying circumstances must be reported in the biennial report of the Division with the reasons for the suspension.

      [Part 38:351:1953]—(NRS A 1963, 1046; 1981, 1040; 1983, 239, 632; 2011, 2953)

      NRS 284.325  Temporary appointment.

      1.  The Commission shall adopt regulations not inconsistent with this section for the certification of qualified persons for temporary service.

      2.  Except as otherwise provided in subsection 3, temporary positions which occur, terminate or recur periodically must be filled by certification in accordance with the regulations adopted by the Commission.

      3.  An agency may appoint persons temporarily for less than 160 cumulative hours during any calendar year without regard to the regulations adopted by the Commission pursuant to subsection 1.

      4.  The limitation on hours set forth in subsection 3 does not apply to temporary or part-time service by:

      (a) A pupil attending the pupil’s last 2 years of high school;

      (b) A student employed by the college or university the student attends;

      (c) A person certified for temporary service in accordance with NRS 284.327;

      (d) An employee of an events center, museum or research center of the Nevada System of Higher Education;

      (e) A person employed by the Nevada System of Higher Education in a temporary position which recurs periodically for the registration of students; or

      (f) A person employed by the Nevada System of Higher Education to provide such assistance to a student with a disability or to a student with an identified academic disadvantage as it determines is necessary for the academic success of the student, including, without limitation, a person employed as a tutor, note taker, reader, sign interpreter or test proctor.

      5.  The acceptance or refusal by an eligible person of a temporary appointment does not affect the person’s standing on the register for permanent employment, nor may the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position.

      6.  Successive temporary appointments to the same position must not be made under this section.

      7.  As used in this section, “student with an identified academic disadvantage” includes, without limitation, a student who the Nevada System of Higher Education has determined requires the services of a tutor for success in a course of study.

      [Part 38:351:1953]—(NRS A 1963, 1046; 1983, 632; 1987, 494; 1993, 376; 1995, 122; 2003, 1443)

      NRS 284.327  Temporary limited appointment of persons with disabilities.

      1.  To assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, appointing authorities are encouraged and authorized to make temporary limited appointments of certified persons with disabilities for a period not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. A person with a disability who is certified by the Rehabilitation Division must be placed on the appropriate list for which the person is eligible. Each such person must possess the training and experience necessary for the position for which the person is certified. The Rehabilitation Division must be notified of an appointing authority’s request for a list of eligibility on which the names of one or more certified persons with disabilities appear. A temporary limited appointment of a certified person with a disability pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      2.  The Commission shall adopt regulations to carry out the provisions of subsection 1.

      3.  This section does not deter or prevent appointing authorities from employing:

      (a) A person with a disability if the person is available and eligible for permanent employment.

      (b) A person with a disability who is employed pursuant to the provisions of subsection 1 in permanent employment if the person qualifies for permanent employment before the termination of the person’s temporary limited appointment.

      4.  If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employee’s probationary period.

      (Added to NRS by 1965, 675; A 1973, 139, 1406; 1983, 633; 1991, 158; 1993, 470, 1552; 1995, 522; 2003, 1443)

      NRS 284.330  Reinstatement of permanent appointee after separation without prejudice.  Any person who has held a position by permanent appointment in the classified service under the law and rules, and who has been separated from the service without prejudice, may be eligible for reinstatement to a position in the same or similar grade or class in the classified service, subject to the rules and regulations established in accordance with the provisions of this chapter.

      [47:351:1953]

PERFORMANCE

      NRS 284.335  Standards; records and ratings for service.

      1.  The appointing authorities and other supervising officers of the various state departments, agencies and institutions, after consultation with the Administrator, shall establish standards of work performance for each class of positions. Each appointing authority shall provide each of its employees with a copy of the standards for the employee’s position.

      2.  The Administrator shall maintain service records of performance efficiency, character and conduct by a system of service ratings based upon those standards.

      3.  The Commission shall adopt regulations with respect to service ratings, and prescribe the extent to which service ratings must be considered in determining the advisability of transfers, the promotion of an employee to a higher class, the question of demotion or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this chapter, and in all other decisions relating to the status of employees.

      4.  The Commission may, by regulation, further prescribe the extent to which the service ratings, and the reports upon which they are based, are open to inspection.

      [35:351:1953]—(NRS A 1963, 1047; 1983, 634; 1989, 1056; 2003, 1444)

      NRS 284.337  Reports: Duties of supervisor.  An employee whose duties include the supervision of an employee who holds a position in the classified service shall:

      1.  For filing at the times specified in NRS 284.340, prepare reports on the performance of that employee. In preparing a report, the supervisory employee shall meet with the employee to:

      (a) Discuss goals and objectives;

      (b) Evaluate the employee’s improvement in performance and personal development;

      (c) Discuss the report; and

      (d) Provide to the employee information relating to the Merit Award Program established by NRS 285.020.

      2.  Provide the employee with a copy of the report.

      3.  Transmit the report to the appointing authority.

      (Added to NRS by 1989, 1055; A 2001, 1440; 2013, 756)

      NRS 284.338  Reports: Training in proper preparation.  An employee who is required to prepare a report on the performance of an employee who holds a position in the classified service must, before the employee prepares the report, have received training in its proper preparation. The training must be:

      1.  Provided within 6 months of the employee’s appointment; and

      2.  Provided or approved by the Administrator.

      (Added to NRS by 1989, 1055)

      NRS 284.340  Reports: Duties of appointing authority.  Each appointing authority shall:

      1.  Report to the Administrator, in writing, the efficiency of the subordinates and employees of the appointing authority, and other information, in such manner as the Commission may prescribe by regulation.

      2.  File reports with the Administrator on the performance, during the probationary period, of each of the employees of the appointing authority who holds a position in the classified service. A report must be filed at the end of the 2nd and 5th months of employment if the probationary period is 6 months, or at the end of the 3rd, 7th and 11th months of employment if the probationary period is 12 months.

      3.  File a report annually with the Administrator on the performance of each of the employees of the appointing authority who holds a position in the classified service and has attained permanent status. The report must be filed at the end of the 12th month next following the attainment of permanent status, and at the end of every 12th month thereafter. If the report is not filed on or before the required date, the performance of the employee shall be deemed to be standard.

      4.  If any report the appointing authority files with the Administrator on the performance of an employee who holds a position in the classified service includes a rating of substandard, file with the Administrator an additional report on the performance of the employee at least every 90 days until the performance improves to standard or until any disciplinary action is taken.

      5.  Provide the employee with a copy of each report filed.

      [Part 52:351:1953]—(NRS A 1963, 1047; 1983, 634; 1989, 1056; 2001, 749; 2003, 1444)

TRAINING, ATTENDANCE AND LEAVES

      NRS 284.343  Stipends for training and educational leave for employees: Regulations; exceptions; restrictions; grants.

      1.  Except as otherwise provided in this subsection, after consultation with appointing authorities, and in cooperation with the State Board of Examiners, the Commission shall adopt regulations for all training of employees in the state service. Professional employees of the teaching staff, Agricultural Extension Service and Nevada Agricultural Experiment Station staffs of the Nevada System of Higher Education, or any other state institution of learning and student employees of such an institution are exempt from the provisions of this section.

      2.  The regulations adopted pursuant to subsection 1 must set forth the conditions under which educational leave stipends may be paid to any officer or employee of the State. Except as otherwise provided in NRS 612.230 and with the exception of intermittent course work not leading to the awarding of a degree, no person may be granted educational leave stipends until the person has entered into a contract with the person’s employing agency whereby the person agrees to pursue only those courses required for a degree related to the person’s employment with the State and to return to the employ of the person’s employing agency on the basis of 1 year for each 9 months of educational leave taken or to refund the total amount of the stipends regardless of the balance at the time of separation.

      3.  This section does not prevent the granting of sabbatical leaves by the Board of Regents of the University of Nevada.

      4.  Where practicable all training for state employees must be presented through established educational institutions within the State.

      5.  The Division shall coordinate all training activities related to remedial programs and programs for career development designed to correct educational and training deficiencies of state employees and create employment opportunities for the disadvantaged. In connection with these activities, the Division, with the approval of the Governor, is designated to enter into contractual arrangements with the Federal Government and others that provide grants or other money for educational and training activities.

      (Added to NRS by 1971, 570; A 1983, 634; 1993, 377; 2003, 1445)

      NRS 284.345  Regulations for attendance and leave of absence; personnel of Nevada System of Higher Education.

      1.  Except as otherwise provided in subsection 2, the Commission shall adopt regulations for attendance and leave with or without pay or reduced pay in the various classes of positions in the public service.

      2.  The Board of Regents of the University of Nevada shall adopt regulations for attendance and for leave with or without pay or with reduced pay, sabbatical leave, sick leave, emergency leave, annual leave, terminal leave, military leave and such other leave as the Board of Regents determines to be necessary or desirable for officers and members of the faculty of the Nevada System of Higher Education. Sabbatical leave with pay may not be granted to more than 2 percent of the teaching personnel of a branch or facility of the System with the rank of instructor or higher in any 1 year. No sabbatical leave with pay may be granted unless the person requesting the leave agrees in writing with the branch or facility to return to the branch or facility after the leave for a period not less than that required by the person’s most recent contract of employment if the Nevada System of Higher Education desires the person’s continued service.

      [41:351:1953]—(NRS A 1961, 425; 1963, 1047; 1969, 1426; 1983, 635; 1993, 378; 2003, 1445)

      NRS 284.350  Annual leave.

      1.  Except as otherwise provided in subsections 2, 3 and 4, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay of 1 1/4 working days for each month of continuous public service. The annual leave may be cumulative from year to year not to exceed 30 working days. The Commission may by regulation provide for additional annual leave for long-term employees and for prorated annual leave for part-time employees.

      2.  Except as otherwise provided in this subsection, any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date. If an employee:

      (a) On or before October 15, requests permission to take annual leave; and

      (b) The employee’s request for leave is denied in writing for any reason,

Ê the employee is entitled to payment for any annual leave in excess of 30 working days which the employee requested to take and which the employee would otherwise forfeit as the result of the denial of the employee’s request, unless the employee has final authority to approve use of the employee’s own accrued leave and the employee received payment pursuant to this subsection for any unused annual leave in excess of 30 working days accumulated during the immediately preceding calendar year. The payment for the employee’s unused annual leave must be made to the employee not later than January 31.

      3.  Officers and members of the faculty of the Nevada System of Higher Education are entitled to annual leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.

      4.  The Commission shall establish by regulation a schedule for the accrual of annual leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of annual leave at the same rate proportionately as employees who work a 40-hour week accrue annual leave.

      5.  No elected state officer may be paid for accumulated annual leave upon termination of the officer’s service.

      6.  During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.

      7.  No employee in the public service may be paid for accumulated annual leave upon termination of employment unless the employee has been employed for 6 months or more.

      8.  Upon the request of an employee, the appointing authority of the employee may approve the reduction or satisfaction of an overpayment of the salary of the employee that was not obtained by the fraud or willful misrepresentation of the employee with a corresponding amount of the accrued annual leave of the employee.

      [2:273:1953] + [Part 42:351:1953; A 1955, 411]—(NRS A 1960, 123, 486; 1961, 425; 1963, 196, 1047; 1969, 1427; 1979, 722; 1981, 563, 1041, 1745; 1983, 635; 1989, 931; 1991, 1171; 1993, 378; 1995, 185; 2003, 1446)

      NRS 284.355  Leave for sickness and disability: Accrual; payment for unused leave; employees with mental or emotional disorders; forfeiture of leave.

      1.  Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which the employee is entitled to carry forward from 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the Commission may by regulation provide for subsequent use of unused sick leave accrued but not carried forward because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to the employee.

      2.  Upon the retirement of an employee, the employee’s termination through no fault of the employee or the employee’s death while in public employment, the employee or the employee’s beneficiaries are entitled to payment:

      (a) For the employee’s unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to the employee’s number of years of public service, except service with a political subdivision of the State, as follows:

             (1) For 10 years of service or more but less than 15 years, not more than $2,500.

             (2) For 15 years of service or more but less than 20 years, not more than $4,000.

             (3) For 20 years of service or more but less than 25 years, not more than $6,000.

             (4) For 25 years of service, not more than $8,000.

      (b) For the employee’s unused sick leave accrued but not carried forward, an amount equal to one-half of the sum of:

             (1) The employee’s hours of unused sick leave accrued but not carried forward; and

             (2) An additional 120 hours.

      3.  The Commission may by regulation provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.

      4.  An employee entitled to payment for unused sick leave pursuant to subsection 2 may elect to receive the payment in any one or more of the following forms:

      (a) A lump-sum payment.

      (b) An advanced payment of the premiums or contributions for insurance coverage for which the employee is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums or contributions pursuant to this subsection exceeds the amount which is payable for premiums or contributions for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if the employee is deceased, to the employee’s beneficiary.

      (c) The purchase of additional retirement credit, if the employee is otherwise eligible pursuant to chapter 286 of NRS.

      5.  Officers and members of the faculty of the Nevada System of Higher Education are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.

      6.  The Commission may by regulation provide policies concerning employees with mental or emotional disorders which:

      (a) Use a liberal approach to the granting of sick leave or leave without pay to such an employee if it is necessary for the employee to be absent for treatment or temporary hospitalization.

      (b) Provide for the retention of the job of such an employee for a reasonable period of absence, and if an extended absence necessitates separation or retirement, provide for the reemployment of such an employee if at all possible after recovery.

      (c) Protect employee benefits, including, without limitation, retirement, life insurance and health benefits.

      7.  The Commission shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.

      8.  The Division may investigate any instance in which it believes that an employee has taken sick or disability leave to which the employee was not entitled. If, after notice to the employee and a hearing, the Commission determines that the employee has taken sick or disability leave to which the employee was not entitled, the Commission may order the forfeiture of all or part of the employee’s accrued sick leave.

      [3:273:1953] + [Part 43:351:1953]—(NRS A 1960, 487; 1961, 426; 1963, 1048; 1965, 675; 1969, 1115, 1427; 1973, 815; 1977, 1093; 1979, 939; 1981, 1042, 1744; 1983, 636; 1991, 1172, 1968; 1993, 379, 589; 1999, 3020; 2001 Special Session, 63; 2003, 1447)

      NRS 284.357  Deduction from salary for service during working hours as volunteer firefighter, voluntary medical technician, volunteer reserve member of police department or sheriff’s office or volunteer ambulance driver or attendant prohibited.

      1.  All employees, whether in the classified or in the unclassified service of the State of Nevada, must be paid their salaries as fixed by law without diminution on account of any time spent away from state employment while acting as:

      (a) Volunteer firefighters of any regular organized and recognized fire department in the protection of life or property;

      (b) Volunteer emergency medical technicians certified pursuant to chapter 450B of NRS;

      (c) Volunteer reserve members of a police department or a sheriff’s office; or

      (d) Volunteer ambulance drivers or attendants,

Ê during working hours or fractions thereof which should otherwise have been devoted to state employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

      (b) A political subdivision of this State.

      (Added to NRS by 1969, 43; A 1995, 119; 1997, 469; 2005, 323)

      NRS 284.358  Civil leave with reduced pay when performing active military service in time of war or emergency.

      1.  An officer or employee in the public service who performs active military service in the Armed Forces of the United States or any other category of persons designated by the President of the United States or the Governor of this State, including, without limitation, the Commissioned Corps of the United States Public Health Service, in time of war or emergency is entitled to civil leave with reduced pay for the period of such service.

      2.  The pay that an officer or employee is entitled to receive pursuant to this section is the difference between the pay that the officer or employee would have otherwise received as an officer or employee and the officer’s or employee’s pay for active military service. If the officer’s or employee’s pay for active military service is greater than the pay that the officer or employee would have otherwise received as an officer or employee, the officer or employee is not entitled to receive any additional pay pursuant to this section while the officer or employee performs active military service.

      3.  As used in this section, “pay for active military service” means the base pay that a person receives for active military service as determined by the rank or grade of the person. The term does not include any other type of pay that a person may be entitled to receive for active military service, including, without limitation, imminent danger pay or family separation allowance.

      (Added to NRS by 2005, 2449)

      NRS 284.359  Military leave of absence; reinstatement.  A permanent or probationary employee who performs active military service under the provisions of any national military service or training act, or who voluntarily serves in the Armed Forces of the United States in time of war, or in such types of service as the Commission by regulation may prescribe, is, upon application, entitled to leave of absence without pay for the period of such service plus a period not to exceed 90 days. If within that period the employee applies for reinstatement, the employee must be reinstated to the employee’s former class of position, or to a class of position having like seniority, status and pay, or, if those positions have been abolished, to the nearest approximation thereof consistent with the circumstances.

      [45:351:1953]—(NRS A 1963, 1048; 1983, 637; 2003, 1448)

      NRS 284.360  Leave of absence without pay.

      1.  Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service. Leave of absence must be granted to any person holding a position in the classified service to permit acceptance of a position in the Legislative Branch during a regular or special session of the Legislature, including a reasonable period before and after the session if the entire period of employment in the Legislative Branch is continuous.

      2.  If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the Legislative Branch, any benefits earned while the person is in the:

      (a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service.

      (b) Unclassified service or employed by the Legislative Branch are retained and must be paid by the appointing authority in the unclassified service or by the Legislative Branch, if the person does not return to the classified service, or by the employer in the classified service, if the person returns to the classified service.

      3.  Any person in the unclassified service, except members of the academic staff of the Nevada System of Higher Education, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.

      4.  Officers and members of the faculty of the Nevada System of Higher Education may be granted leaves of absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.

      5.  Except as otherwise provided in subsection 6, a person in the classified or unclassified service who:

      (a) Is the natural parent of a child who is less than 6 months old; or

      (b) Has recently adopted a child,

Ê must be granted, upon request, a leave of absence without pay for a period not to exceed 12 weeks. Such a request by natural parents must be submitted at least 3 months before the date upon which the requested leave will begin, unless a shorter notice is approved by the employer. Such a request by adoptive parents must be submitted not fewer than 2 working days after the parents receive notice of the approval of the adoption. This subsection does not affect the rights of an employee set forth in NRS 284.350 or 284.355.

      6.  The provisions of subsection 5 are effective only if the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., or a subsequent federal law ceases to provide for a parental leave of absence of at least 12 weeks.

      [4:273:1953] + [44:351:1953]—(NRS A 1959, 85; 1961, 426; 1969, 1428; 1987, 657; 1989, 1647; 1993, 380, 1211; 1997, 490)

      NRS 284.362  Catastrophic leave: Definitions.

      1.  As used in NRS 284.362 to 284.3629, inclusive:

      (a) “Catastrophe” means:

             (1) The employee is unable to perform the duties of the employee’s position because of a serious illness or accident which is life threatening or which will require a lengthy convalescence;

             (2) There is a serious illness or accident which is life threatening or which will require a lengthy convalescence in the employee’s immediate family; or

             (3) There is a death in the employee’s immediate family.

      (b) “Committee” means the Committee on Catastrophic Leave created pursuant to NRS 284.3627.

      2.  The Commission shall adopt regulations further defining “catastrophe” to ensure that the term is limited to serious calamities.

      (Added to NRS by 1989, 693; A 1993, 1113; 1995, 743; 2001, 2140)

      NRS 284.3621  Catastrophic leave: Account for catastrophic leave; transfer of hours to account; limitations on transfers; transfers between branches of government.

      1.  Each appointing authority may establish an account for catastrophic leave.

      2.  An employee of an appointing authority may request, in writing, that a specified number of hours of the employee’s accrued annual or sick leave be transferred from the employee’s account to the account for catastrophic leave.

      3.  An employee may not transfer to the account for catastrophic leave any hours of sick leave if the balance in the employee’s account after the transfer is less than 240 hours.

      4.  The maximum number of hours which may be transferred by an employee in any 1 calendar year is 120. The minimum number of hours which may be transferred in any 1 calendar year is 8.

      5.  An employee may transfer hours to any such account for catastrophic leave for use by a particular employee in any branch of State Government who is eligible to receive them. A record of the source and number of hours of leave transferred among different appointing authorities for this purpose and the date of the transfer must be maintained by each appointing authority. Leave transferred in excess of the amount approved for use by a particular employee must be returned to the employee’s account from which it originated. The Commission shall, by regulation, determine the procedure to return excess leave.

      6.  Any hours of annual or sick leave which are transferred from any employee’s account to the account for catastrophic leave and not designated for use by a particular employee may not be returned or restored to the originating employee. This subsection does not prevent the employee from receiving leave pursuant to NRS 284.3622.

      (Added to NRS by 1989, 693; A 1993, 1113)

      NRS 284.3622  Catastrophic leave: Request for transfer to employee of hours from account for catastrophic leave.

      1.  An employee of an appointing authority may request, in writing, that a specified number of hours of leave be transferred from the account for catastrophic leave to the employee’s account. The maximum number of hours that may be transferred to an employee pursuant to this section is 1,040 in any 1 calendar year.

      2.  The request must include:

      (a) The employee’s name, title and classification; and

      (b) A description of the catastrophe and the expected duration of leave required for that catastrophe.

      3.  An employee may not receive any leave from the account for catastrophic leave until the employee has used all the employee’s accrued annual, sick and compensatory leave.

      4.  An employee who receives leave from the account for catastrophic leave is entitled to payment for that leave at a rate no greater than the employee’s own rate of pay.

      (Added to NRS by 1989, 693; A 1993, 1113; 1995, 743)

      NRS 284.3623  Catastrophic leave: Approval of transfer of hours to employee.  The appointing authority may approve the transfer of a specified number of hours of leave from the account for catastrophic leave to the account of any employee who the appointing authority determines is eligible to receive such leave.

      (Added to NRS by 1989, 694; A 1993, 1113; 2001, 2140)

      NRS 284.3624  Catastrophic leave: Review of status of employee regarding catastrophe; termination of leave; disposition of hours not used.

      1.  The appointing authority shall review the status of the employee regarding the catastrophe and determine when the need to take leave for the catastrophe no longer exists.

      2.  The appointing authority shall not grant any hours of leave from the account for catastrophic leave after:

      (a) The need to take leave for the catastrophe ceases to exist; or

      (b) The employee who is receiving the leave resigns or the employment of the employee with the appointing authority is terminated.

      3.  Any leave which the employee received from the account for catastrophic leave which was not used at the time the need to take leave for the catastrophe ceases to exist or upon the resignation or termination of the employment of the employee must be returned to the account for catastrophic leave.

      (Added to NRS by 1989, 694; A 1993, 1113; 1995, 744)

      NRS 284.3625  Catastrophic leave: Maintenance of records; reports to Administrator.  Each appointing authority shall maintain records and report to the Administrator any information concerning the use of an account for catastrophic leave to evaluate the effectiveness, feasibility and cost to carry out the provisions of NRS 284.362 to 284.3629, inclusive.

      (Added to NRS by 1989, 694; A 1993, 1113)

      NRS 284.3626  Catastrophic leave: Regulations of Commission.  The Commission shall adopt regulations to carry out the provisions of NRS 284.362 to 284.3629, inclusive.

      (Added to NRS by 1989, 694; A 1993, 1113)

      NRS 284.3627  Committee on Catastrophic Leave: Creation; members; terms; vacancies; members serve without compensation.

      1.  There is hereby created within the Division the Committee on Catastrophic Leave composed of five members appointed by the Governor.

      2.  The Committee must be composed of:

      (a) Three members who are executive officers of state agencies; and

      (b) Two members who are representatives of labor.

      3.  The members of the Committee serve at the pleasure of the Governor.

      4.  After the initial terms, each member of the Committee serves for a term of 3 years. Each member of the Committee continues in office until the member’s successor is appointed. Any member of the Committee may be reappointed.

      5.  A vacancy in the membership of the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      6.  The members of the Committee serve without compensation, except that the members are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Committee.

      (Added to NRS by 2001, 2139)

      NRS 284.3628  Committee on Catastrophic Leave: Chair and Vice Chair; quorum; rules; hearings; Secretary.

      1.  The members of the Committee shall elect a Chair and Vice Chair from among their members. After the initial election, the Chair and Vice Chair serve in the office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Committee shall elect a Chair or Vice Chair from among their members to serve for the remainder of the unexpired term.

      2.  Any three members of the Committee constitute a quorum, and a majority vote of the quorum is required to take action with respect to any matter.

      3.  The Committee shall adopt:

      (a) Rules for its own management; and

      (b) Such rules of practice and procedure as are necessary to carry out its duties.

      4.  The Committee shall hold such hearings as are necessary to carry out the provisions of NRS 284.3629.

      5.  The Administrator or the designee of the Administrator shall act as the nonvoting recording Secretary of the Committee.

      (Added to NRS by 2001, 2139)

      NRS 284.3629  Committee on Catastrophic Leave: Appeal of decision of appointing authority; procedure; representation of employee; finality of decision; inapplicability of Open Meeting Law.

      1.  An employee aggrieved by any decision of an appointing authority made pursuant to NRS 284.362 to 284.3629, inclusive, may appeal from the decision by filing a written notice of appeal with the Committee within 10 days after the date of the decision.

      2.  The Committee shall:

      (a) Within 5 days after receiving a notice of appeal, schedule a hearing on the merits of the appeal for a date not later than 20 days after its receipt of the notice.

      (b) Cause notice of the date and time of the hearing to be given to the employee and the appointing authority by mail or by personal service.

      (c) Conduct the hearing expeditiously and informally. Technical rules of evidence do not apply at the hearing.

      3.  The employee may file a written request with the Committee to give preference in scheduling the hearing. The request must set forth facts showing that the seriousness of the alleged catastrophe requires an expedited appeal.

      4.  The employee may represent himself or herself at the hearing or be represented by an attorney or other person of the employee’s own choosing.

      5.  The Committee shall:

      (a) Render a decision in writing within 10 days after the hearing, setting forth the reasons therefor.

      (b) Cause notice of the decision to be given to the employee and the appointing authority by mail or by personal service.

      6.  The decision of the Committee is final and is not subject to judicial review or the procedure for the adjustment of grievances pursuant to NRS 284.384.

      7.  A meeting or hearing held by the Committee to carry out the provisions of this section and the Committee’s deliberations on the information or evidence received are not subject to any provision of chapter 241 of NRS.

      (Added to NRS by 2001, 2140)

TRANSFERS

      NRS 284.375  Conditions.  In accordance with regulations established by the Commission, transfers in the classified service may be made from one position to another position within the same grade when the duties are similar and when such action is specifically approved by the Administrator.

      [40:351:1953] + [Part 52:351:1953]—(NRS A 1963, 1049; 1983, 637; 2003, 1448)

      NRS 284.376  Involuntary transfer; hearing; remedies.

      1.  Within 10 working days after the effective date of a transfer pursuant to the provisions of NRS 284.375, a permanent classified employee who has been transferred without the employee’s consent may request in writing a hearing before the hearing officer of the Commission to determine whether the transfer was made for the purpose of harassing the employee. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s transfer. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive.

      2.  If the hearing officer determines that the transfer was made for the purpose of harassing the employee, the transfer must be set aside and the employee must be returned to the employee’s former position. If the transfer caused the employee to be away from the employee’s original headquarters, the employee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for the period the transfer was in effect.

      3.  The decision of the hearing officer is binding on the parties.

      (Added to NRS by 1973, 588; A 1979, 1353; 1983, 247, 637; 1989, 1587; 2007, 594)

      NRS 284.3775  Transfer of employee of Supreme Court, unclassified service or Legislative Branch to classified service; exceptions; rights of employee in classified service who accepted position in Legislative Branch. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Except as otherwise provided in this section, employees of the Supreme Court, employees in the unclassified service of the Executive Branch of the Government of the State of Nevada, or employees of the Legislative Branch of the Government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this subsection includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

      2.  Except as otherwise provided in subsection 4, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.

      3.  Except as otherwise provided in this subsection and subsection 4, a person may not transfer pursuant to subsection 1 to a class composed of:

      (a) Professionally qualified persons; or

      (b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.

Ê A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.

      4.  The restrictions provided in subsections 2 and 3 do not apply to an employee of the Supreme Court, an employee in the unclassified service of the Executive Branch of Government or an employee of the Legislative Branch of Government whose appointment to that position was immediately preceded by an appointment in the classified service, except that such an employee may only transfer to a position in the classified service that has duties and compensation that are similar either to the employee’s current position or to a position the employee previously held in the classified service.

      5.  An employee in the classified service of the State who is granted leave without pay to accept a position in the Legislative Branch of Government during a regular or special session:

      (a) Is entitled to be restored to the employee’s previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if the employee had not taken the leave.

      (b) Is eligible to fill vacancies in positions within the classified service to the extent that the employee would be eligible if the employee was not on leave from the employee’s position in the classified service.

      6.  An employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection 1 to transfer to a position having similar duties and compensation in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employee’s employment with the Legislative Branch of Government before that date. For the purposes of this section, the weekly compensation of a person paid a daily salary during a legislative session is seven times the daily salary.

      (Added to NRS by 1979, 38; A 1989, 1648; 2001, 3205)

      NRS 284.3775  Transfer of certain employees in Judicial Branch, unclassified service or Legislative Branch to classified service; exceptions; rights of employee in classified service who accepted position in Legislative Branch. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Except as otherwise provided in this section, employees of the Supreme Court, employees of the Court of Appeals, employees in the unclassified service of the Executive Branch of the Government of the State of Nevada, or employees of the Legislative Branch of the Government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this subsection includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

      2.  Except as otherwise provided in subsection 4, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.

      3.  Except as otherwise provided in this subsection and subsection 4, a person may not transfer pursuant to subsection 1 to a class composed of:

      (a) Professionally qualified persons; or

      (b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.

Ê A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.

      4.  The restrictions provided in subsections 2 and 3 do not apply to an employee of the Supreme Court, an employee of the Court of Appeals, an employee in the unclassified service of the Executive Branch of Government or an employee of the Legislative Branch of Government whose appointment to that position was immediately preceded by an appointment in the classified service, except that such an employee may only transfer to a position in the classified service that has duties and compensation that are similar either to the employee’s current position or to a position the employee previously held in the classified service.

      5.  An employee in the classified service of the State who is granted leave without pay to accept a position in the Legislative Branch of Government during a regular or special session:

      (a) Is entitled to be restored to the employee’s previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if the employee had not taken the leave.

      (b) Is eligible to fill vacancies in positions within the classified service to the extent that the employee would be eligible if the employee was not on leave from the employee’s position in the classified service.

      6.  An employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection 1 to transfer to a position having similar duties and compensation in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employee’s employment with the Legislative Branch of Government before that date. For the purposes of this section, the weekly compensation of a person paid a daily salary during a legislative session is seven times the daily salary.

      (Added to NRS by 1979, 38; A 1989, 1648; 2001, 3205; 2013, 1773, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

RETENTION IN AND SEPARATIONS FROM SERVICE

      NRS 284.379  Separation or disability retirement of employee with disability.  In the employment of a person with a disability in the state service, continued efforts must be made to retain the person by making reasonable accommodations that enable the person to perform the essential functions of the position and to enjoy the benefits and privileges of the person’s position. An appointing authority shall consider separation or disability retirement if an employee can no longer perform the essential functions of the position with or without reasonable accommodations.

      (Added to NRS by 1965, 675; A 1993, 471; 2003, 1448)

      NRS 284.380  Layoffs; reemployment lists.

      1.  In accordance with regulations, an appointing authority may lay off an employee in the classified service whenever the appointing authority deems it necessary by reason of shortage of work or money or of the abolition of a position or of other material changes in duties or organization.

      2.  Among other factors, an appointing authority shall consider, in the manner provided by regulation, the status, seniority and service rating of employees in determining the order of layoffs.

      3.  Within a reasonable time before the effective date of a proposed layoff, the appointing authority shall give written notice thereof to the Administrator. The Administrator shall make such orders relating thereto as the Administrator considers necessary to secure compliance with the regulations.

      4.  The name of every regular employee so laid off must be placed on an appropriate reemployment list.

      [48:351:1953]—(NRS A 1963, 1049; 1983, 637)

      NRS 284.381  Limitation on revocation of resignation by employee.  Once an employee’s written resignation is accepted by the employee’s appointing authority, the employee may not revoke the resignation, regardless of the effective date set forth in it, if 3 or more working days have elapsed since its acceptance, unless the appointing authority approves the revocation.

      (Added to NRS by 1981, 1039)

      NRS 284.383  Use of disciplinary measures; employee entitled to receive copy of findings or recommendations; classified employee entitled to receive copy of policy explaining information relating to disciplinary action.

      1.  The Commission shall adopt by regulation a system for administering disciplinary measures against a state employee in which, except in cases of serious violations of law or regulations, less severe measures are applied at first, after which more severe measures are applied only if less severe measures have failed to correct the employee’s deficiencies.

      2.  The system adopted pursuant to subsection 1 must provide that a state employee is entitled to receive a copy of any findings or recommendations made by an appointing authority or the representative of the appointing authority, if any, regarding proposed disciplinary action.

      3.  An appointing authority shall provide each permanent classified employee of the appointing authority with a copy of a policy approved by the Commission that explains prohibited acts, possible violations and penalties and a fair and equitable process for taking disciplinary action against such an employee.

      (Added to NRS by 1979, 1353; A 1995, 233; 2011, 1495)

      NRS 284.384  Adjustment of certain grievances: Regulations; appeal to Employee-Management Committee; enforcement of binding decisions of Employee-Management Committee; representation of employee.

      1.  The Commission shall adopt regulations which provide for the adjustment of grievances for which a hearing is not provided by federal law or NRS 284.165, 284.245, 284.3629, 284.376 or 284.390. Any grievance for which a hearing is not provided by NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 is subject to adjustment pursuant to this section.

      2.  The regulations must provide procedures for:

      (a) Consideration and adjustment of the grievance within the agency in which it arose.

      (b) Submission to the Employee-Management Committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.

      (c) If requested by an employee or agency, the use of a resolution conference to resolve a grievance.

      3.  The regulations must include provisions for:

      (a) Submitting each proposed resolution of a dispute which has a fiscal effect to the Budget Division of the Department of Administration for a determination by that Division whether the resolution is feasible on the basis of its fiscal effects; and

      (b) Making the resolution binding.

      4.  Any grievance which is subject to adjustment pursuant to this section may be appealed to the Employee-Management Committee for a final decision. Except as otherwise provided in subsection 3, a final decision of the Committee is binding. The Committee or an employee may petition a court of competent jurisdiction for enforcement of the Committee’s binding decisions.

      5.  The employee may represent himself or herself at any hearing regarding a grievance which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employee’s own choosing.

      6.  As used in this section, “grievance” means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.

      (Added to NRS by 1981, 538; A 1983, 362, 638; 1989, 1244; 1993, 544; 2001, 1440; 2003, 155, 1449; 2007, 2843; 2011, 3066)

      NRS 284.385  Dismissals, demotions and suspensions.

      1.  An appointing authority may:

      (a) Dismiss or demote any permanent classified employee when the appointing authority considers that the good of the public service will be served thereby.

      (b) Except as otherwise provided in NRS 284.148, suspend without pay, for disciplinary purposes, a permanent employee for a period not to exceed 30 days.

      2.  Before a permanent classified employee is dismissed, involuntarily demoted or suspended, the appointing authority must consult with the Attorney General or, if the employee is employed by the Nevada System of Higher Education, the appointing authority’s general counsel, regarding the proposed discipline. After such consultation, the appointing authority may take such lawful action regarding the proposed discipline as it deems necessary under the circumstances.

      3.  A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the dismissal, involuntary demotion or suspension and the reasons therefor. The notice may be delivered personally to the employee or mailed to the employee at the employee’s last known address by registered or certified mail, return receipt requested. If the notice is mailed, the effective date of the dismissal, involuntary demotion or suspension shall be deemed to be the date of delivery or if the letter is returned to the sender, 3 days after mailing.

      4.  No employee in the classified service may be dismissed for religious or racial reasons.

      [49:351:1953]—(NRS A 1963, 1049; 1977, 991; 1993, 2092; 2011, 1495)

      NRS 284.387  Internal administrative investigations leading to certain disciplinary action: Right of employee to written notice of allegations before questioning and to representation; deadline for and notification to employee of completion; extensions.

      1.  An employee who is the subject of an internal administrative investigation that could lead to disciplinary action against the employee pursuant to NRS 284.385 must be:

      (a) Provided notice in writing of the allegations against the employee before the employee is questioned regarding the allegations; and

      (b) Afforded the right to have a lawyer or other representative of the employee’s choosing present with the employee at any time that the employee is questioned regarding those allegations. The employee must be given not less than 2 business days to obtain such representation, unless the employee waives the employee’s right to be represented.

      2.  An internal administrative investigation that could lead to disciplinary action against an employee pursuant to NRS 284.385 and any determination made as a result of such an investigation must be completed and the employee notified of any disciplinary action within 90 days after the employee is provided notice of the allegations pursuant to paragraph (a) of subsection 1. If the appointing authority cannot complete the investigation and make a determination within 90 days after the employee is provided notice of the allegations pursuant to paragraph (a) of subsection 1, the appointing authority may request an extension of not more than 60 days from the Administrator upon showing good cause for the delay. No further extension may be granted unless approved by the Governor.

      (Added to NRS by 2003, 2003; A 2011, 1496)

      NRS 284.390  Hearing to determine reasonableness of dismissal, demotion or suspension; judicial review.

      1.  Within 10 working days after the effective date of an employee’s dismissal, demotion or suspension pursuant to NRS 284.385, the employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the Commission to determine the reasonableness of the action. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s dismissal, demotion or suspension.

      2.  The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.

      3.  The employee may represent himself or herself at the hearing or be represented by an attorney or other person of the employee’s own choosing.

      4.  Technical rules of evidence do not apply at the hearing.

      5.  After the hearing and consideration of the evidence, the hearing officer shall render a decision in writing, setting forth the reasons therefor.

      6.  If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

      7.  The decision of the hearing officer is binding on the parties.

      8.  Any petition for judicial review of the decision of the hearing officer must be filed in accordance with the provisions of chapter 233B of NRS.

      [50:351:1953]—(NRS A 1969, 897; 1973, 275, 589; 1977, 62, 992; 1983, 247, 638; 1989, 1587, 1653; 1993, 544; 2011, 2954)

      NRS 284.391  Hearings: Issuance of subpoenas; discovery; oaths; examination of witnesses.

      1.  The hearing officer may, upon application of any party to a hearing held pursuant to NRS 284.376 or 284.390, issue subpoenas requiring the attendance and testimony of witnesses at the proceeding.

      2.  The hearing officer may, upon motion of a party, direct that an opposing party participate in a discovery conference at which both parties and their counsel may put questions to the other party and receive answers, or request and receive copies of relevant documents or examine relevant documents and records and any other physical evidence which the opposing party intends to use at the hearing.

      3.  The hearing officer, or any agent or agency designated by the Commission for such purposes, may administer oaths and affirmations and examine witnesses.

      (Added to NRS by 1969, 1134; A 1973, 590; 1979, 1354; 1983, 248)

      NRS 284.392  Hearings: Subpoenas extend to all parts of State; service of subpoenas; attendance of witnesses.  A subpoena issued pursuant to NRS 284.391 extends to all parts of the State and must be served in accordance with the provisions of N.R.C.P. 4(c). No witness may be required to attend at a place out of the county in which the witness resides unless the distance is less than 100 miles from the place of residence of the witness, except, upon affidavit of any party showing that the testimony of that witness is material and necessary, the hearing officer may endorse on the subpoena an order requiring the attendance of the witness in response to the subpoena.

      (Added to NRS by 1969, 1134; A 1973, 590; 1979, 1354; 1983, 249)

      NRS 284.393  Hearings: Fees, mileage and expenses of witnesses.

      1.  All witnesses appearing pursuant to subpoena, other than parties or officers or employees of the State or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for witnesses in civil actions in the district courts.

      2.  Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to fees and mileage, to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.

      3.  Per diem and travel expenses must be paid by the party at whose request the witness is subpoenaed. The hearing officer may award as costs the amount of all such expenses to the prevailing party.

      (Added to NRS by 1969, 1134; A 1973, 591; 1979, 1354; 1983, 249; 2007, 595)

      NRS 284.405  Hearings and investigations may be held in public buildings.  Upon request of the Administrator, the officers having control of public buildings in political subdivisions and in school districts shall furnish convenient and reasonable space and necessary furniture, heat and light for the holding of hearings and investigations authorized by this chapter.

      [Part 60:351:1953]—(NRS A 1963, 1049; 1983, 639)

USE OF ALCOHOL OR DRUGS BY EMPLOYEES

      NRS 284.406  Policy concerning use of alcohol or drugs by state employees.  It is the policy of this state to ensure that its employees do not:

      1.  Report for work in an impaired condition resulting from the use of alcohol or drugs;

      2.  Consume alcohol while on duty; or

      3.  Unlawfully possess or consume any drugs while on duty, at a work site or on state property.

      (Added to NRS by 1991, 1348)

      NRS 284.4061  Definitions.  As used in NRS 284.406 to 284.407, inclusive, unless the context otherwise requires:

      1.  “Employee” means a person in the classified or unclassified service of the State.

      2.  “Screening test” means a test of a person’s:

      (a) Breath or blood to detect the general presence of alcohol; or

      (b) Urine to detect the general presence of a controlled substance or any other drug,

Ê which could impair that person’s ability to perform the duties of employment safely and efficiently.

      (Added to NRS by 1991, 1348; A 1993, 2252; 2001, 1441)

      NRS 284.4062  Employee who consumes or is under the influence of alcohol or drugs or who possesses controlled substance on duty is subject to disciplinary action; state agency required to refer certain employees to employee assistance program.

      1.  Except as otherwise provided in subsection 3, an employee who:

      (a) Consumes or is under the influence of alcohol while on duty, unless the alcohol is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or in accordance with a lawfully issued prescription;

      (b) Possesses, consumes or is under the influence of a controlled substance while on duty, at a work site or on state property, except in accordance with a lawfully issued prescription; or

      (c) Consumes or is under the influence of any other drug which could interfere with the safe and efficient performance of the employee’s duties, unless the drug is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or in accordance with a lawfully issued prescription,

Ê is subject to disciplinary action. An appointing authority may summarily discharge an employee who, within a period of 5 years, commits a second act which would subject the employee to disciplinary action pursuant to this subsection.

      2.  A state agency shall refer an employee who:

      (a) Tests positive for the first time in a screening test; and

      (b) Has committed no other acts for which the employee is subject to termination during the course of conduct giving rise to the screening test,

Ê to an employee assistance program. An employee who fails to accept such a referral or fails to complete such a program successfully is subject to further disciplinary action.

      3.  Subsection 1 does not apply to:

      (a) An employee who consumes alcohol in the course of the employment of the employee while hosting or attending a special event.

      (b) A peace officer who possesses a controlled substance or consumes alcohol within the scope of the peace officer’s duties.

      (Added to NRS by 1991, 1348; A 1995, 1714)

      NRS 284.4063  Grounds for disciplinary action: Failure to notify supervisor after consuming certain drugs; failure or refusal to submit to screening test; failure of screening test.  Except as otherwise provided in subsection 5 of NRS 284.4065, an employee who:

      1.  Fails to notify the employee’s supervisor as soon as possible after consuming any drug which could interfere with the safe and efficient performance of the employee’s duties;

      2.  Fails or refuses to submit to a screening test as requested by a state agency pursuant to subsection 1 or 2 of NRS 284.4065; or

      3.  After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by the employee’s appointing authority, that the employee had taken the controlled substance as directed pursuant to a current and lawful prescription issued in the employee’s name,

Ê is subject to disciplinary action.

      (Added to NRS by 1991, 1349; A 1993, 2252)

      NRS 284.4064  Appointing authority authorized to require employee who has consumed drug to obtain clearance from physician; inquiry regarding use of alcohol or drug by employee; preventing employee from continuing work.

      1.  If an employee informs the employee’s appointing authority that the employee has consumed any drug which could interfere with the safe and efficient performance of the employee’s duties, the appointing authority may require the employee to obtain clearance from the employee’s physician before the employee continues to work.

      2.  If an appointing authority reasonably believes, based upon objective facts, that an employee’s ability to perform the employee’s duties safely and efficiently:

      (a) May be impaired by the consumption of alcohol or other drugs, it may ask the employee whether the employee has consumed any alcohol or other drugs and, if so:

             (1) The amount and types of alcohol or other drugs consumed and the time of consumption; and

             (2) If a controlled substance was consumed, the name of the person who prescribed its use.

      (b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work and transport the employee or cause the employee to be transported safely away from the employee’s place of employment in accordance with regulations adopted by the Commission.

      (Added to NRS by 1991, 1349; A 2003, 1449)

      NRS 284.4065  Screening tests: General provisions.

      1.  Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:

      (a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing the employee’s ability to perform the employee’s duties safely and efficiently;

      (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and

      (c) Informs the employee in writing:

             (1) Of whether the test will be for alcohol or drugs, or both;

             (2) That the results of the test are not admissible in any criminal proceeding against the employee; and

             (3) That the employee may refuse the test, but that the employee’s refusal may result in the employee’s dismissal or in other disciplinary action being taken against the employee.

      2.  An appointing authority may request an employee to submit to a screening test if the employee:

      (a) Is a law enforcement officer and, during the performance of the employee’s duties, the employee discharges a firearm, other than by accident; or

      (b) During the performance of the employee’s duties, drives a motor vehicle in such a manner as to cause bodily injury to the employee or another person or substantial damage to property.

Ê For the purposes of this subsection, the Commission shall, by regulation, define the term “substantial damage to property.”

      3.  An appointing authority may place an employee who submits to a screening test on administrative leave with pay until the appointing authority receives the results of the test.

      4.  An appointing authority shall:

      (a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at the employee’s expense an independent test of the employee’s urine or blood from a laboratory of the employee’s choice which is certified by the United States Department of Health and Human Services.

      (b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at the employee’s expense an independent test of the employee’s blood from a laboratory of the employee’s choice.

      (c) Provide the employee with the written results of the employee’s screening test within 3 working days after it receives those results.

      5.  An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.

      6.  An appointing authority shall not use a screening test to harass an employee.

      (Added to NRS by 1991, 1350; A 1993, 2253; 1997, 1606; 2003, 1450)

      NRS 284.4066  Screening tests: Applicants for positions affecting public safety required to take screening test; appointing authority authorized to consider results; provision of results to applicant upon request.

      1.  Each appointing authority shall, subject to the approval of the Commission, determine whether each of its positions of employment affects the public safety. The appointing authority shall not hire an applicant for such a position unless the applicant submits to a screening test to detect the general presence of a controlled substance. Notice of the provisions of this section must be given to each applicant for such a position at or before the time of application.

      2.  An appointing authority may consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance, the appointing authority shall not hire the applicant unless the applicant provides, within 72 hours after being requested by the appointing authority, proof that the applicant had taken the controlled substance as directed pursuant to a current and lawful prescription issued in the applicant’s name.

      3.  An appointing authority shall, at the request of an applicant, provide the applicant with the results of the applicant’s screening test.

      (Added to NRS by 1991, 1350; A 1993, 2254; 2003, 1450)

      NRS 284.4067  Screening tests: Requirements for administration; use; results.

      1.  A screening test:

      (a) To detect the general presence of a controlled substance or any other drug, must be conducted by an independent laboratory that is certified by the United States Department of Health and Human Services.

      (b) To detect the general presence of alcohol or of a controlled substance or any other drug, must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.

      2.  Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of the person’s sample until it is appropriately tagged and sealed with tamper-proof tape.

      3.  If the results of a screening test indicate the presence of any drug which could impair the ability of a person to perform the duties of employment safely and efficiently:

      (a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and

      (b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at the person’s expense by a laboratory of the person’s choice certified by the United States Department of Health and Human Services.

      (Added to NRS by 1991, 1351; A 1993, 2254; 1997, 1607)

      NRS 284.4068  Screening tests: Results confidential; admissibility of results; security; disclosure.  Except as otherwise provided in NRS 239.0115, the results of a screening test taken pursuant to NRS 284.4061 to 284.407, inclusive, are confidential and:

      1.  Are not admissible in a criminal proceeding against the person tested;

      2.  Must be securely maintained by the appointing authority or the designated representative of the appointing authority separately from other files concerning personnel; and

      3.  Must not be disclosed to any person, except:

      (a) Upon the written consent of the person tested;

      (b) As required by medical personnel for the diagnosis or treatment of the person tested, if the person is physically unable to give the person’s consent to the disclosure;

      (c) As required pursuant to a properly issued subpoena;

      (d) When relevant in a formal dispute between the appointing authority and the person tested; or

      (e) As required for the administration of a plan of benefits for employees.

      (Added to NRS by 1991, 1351; A 2007, 2087)

      NRS 284.4069  Training for supervisors.  The Division shall provide training in the provisions of NRS 284.4061 to 284.407, inclusive, to employees of appointing authorities whose duties include the supervision of other employees.

      (Added to NRS by 1991, 1351)

      NRS 284.407  Regulations.  The Commission shall adopt such regulations as are necessary to carry out the purposes of NRS 284.406 to 284.4069, inclusive.

      (Added to NRS by 1991, 1352; A 2003, 1451)

PROHIBITIONS AND OFFENSES

      NRS 284.410  False statement or report; fraud.  No person shall make any false statement, certificate, mark, rating or report with regard to any examination, certification or appointment made under any provision of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter and the rules and regulations.

      [69:351:1953]

      NRS 284.415  Receipt or payment of consideration for appointment or promotion.  No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service.

      [70:351:1953]

      NRS 284.420  Obstruction of right to examination, eligibility, certification or appointment; furnishing special or secret information.  An employee of the Division, examiner, or other person shall not defeat, deceive or obstruct any person in his or her right to examination, eligibility, certification or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.

      [71:351:1953]—(NRS A 1963, 1050; 1983, 639)

      NRS 284.425  Member of subversive organization ineligible for appointment or employment in public service.

      1.  Any person who has been or remains a member of any subversive organization, as defined by the Attorney General of the United States, composed of two or more members, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the Government of the United States, the government of this state, or the government of any political subdivision thereof, by force or violence, shall be ineligible for appointment to or employment in a position in the public service; and if the person is an officer or employee of the State, the person shall forfeit the person’s office or position.

      2.  This chapter shall not be construed to prohibit the existence of an organization of state employees, or to prohibit any state officer or employee from becoming a member of such an organization.

      [72:351:1953]

      NRS 284.430  Penalties.

      1.  Any person who willfully violates any provision of this chapter or any provision of the rules and regulations prescribed hereunder shall be guilty of a misdemeanor.

      2.  Any person who is convicted of a misdemeanor under this chapter shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the public service, and if the person is an officer or employee of the State, the person shall forfeit the person’s office or position.

      [73:351:1953]—(NRS A 1967, 552)