2005 Nevada Revised Statutes - Chapter 284 — State Personnel System
CHAPTER 284 - STATE PERSONNEL SYSTEM
GENERAL PROVISIONS
NRS 284.010 Legislativedeclaration of purpose.
NRS 284.012 Policyconcerning employment of persons with disabilities.
NRS 284.013 Applicability;terms and conditions of employment of exempted persons; written contractsrequired for certain services.
NRS 284.015 Definitions.
NRS 284.020 Dutiesof state officers and employees in Executive Department; construction ofchapter.
NRS 284.022 Inclusionof employees of certain governmental agencies in State Personnel System.
ADMINISTRATION
NRS 284.025 Departmentof Personnel: Creation; administration of chapter.
NRS 284.030 PersonnelCommission: Creation; appointment of members.
NRS 284.035 PersonnelCommission: Prohibition against member holding or seeking partisan politicaloffice or employment with State.
NRS 284.040 PersonnelCommission: Terms and removal of members.
NRS 284.045 PersonnelCommission: Salaries and expenses of members.
NRS 284.050 PersonnelCommission: Chairman; Secretary; duty of Director to keep minutes and audiorecordings or transcripts.
NRS 284.055 PersonnelCommission: Meetings; quorum; duty of Commission to keep minutes and audiorecordings or transcripts; public records.
NRS 284.060 PersonnelCommission: Rules for management.
NRS 284.065 PersonnelCommission: Powers and duties.
NRS 284.068 Employee-ManagementCommittee: Creation; appointment and terms of members.
NRS 284.071 Employee-ManagementCommittee: Chairman; rules; meetings; secretarial services.
NRS 284.073 Employee-ManagementCommittee: Duties.
NRS 284.074 Employee-ManagementCommittee: Issuance and enforcement of subpoenas.
NRS 284.0745 Employee-ManagementCommittee: Subpoenas extend to all parts of state; service of subpoenas; fees,mileage and expenses of witnesses.
NRS 284.075 Director:Qualifications; appointment; unclassified service; other employment prohibited.
NRS 284.091 Hearingofficers: Appointment; duties.
NRS 284.100 Employeesof Department.
NRS 284.105 Dutiesof Director.
NRS 284.110 PersonnelOperating Fund: Creation; sources; uses.
NRS 284.115 Administrativecosts: Budgeting; payment by state departments, agencies and institutions.
NRS 284.121 Reportsof appointing authorities regarding appointments, transfers, separations,suspensions, reinstatements, reductions or other changes to positions in publicservice.
NRS 284.125 Investigationof duplication of work; duties of Director.
NRS 284.130 Assistanceof state and local officers.
NRS 284.135 Servicesand facilities of Department available to political subdivisions.
CLASSIFICATION
NRS 284.139 Agencydefined for purposes of NRS 284.140.
NRS 284.140 Unclassifiedservice: Composition.
NRS 284.143 Unclassifiedservice: Certain persons may pursue other businesses or occupations or otheroffice for profit.
NRS 284.145 Appointmentto position in unclassified service from registers of eligible persons.
NRS 284.147 Unclassifiedservice: Heads of departments may employ deputies and employees necessary tofill unclassified positions; salaries.
NRS 284.148 Unclassifiedand classified service: Persons exempt pursuant to Fair Labor Standards Act of1938; determination of exempt positions by Department.
NRS 284.150 Classifiedservice: Composition; limitations on appointment, transfer, promotion, demotionor discharge; discrimination prohibited.
NRS 284.155 Regulationsfor classified service.
NRS 284.160 Classificationplan for classified service; changes in plan; procedure for making certainchanges without approval of Commission.
NRS 284.165 Allocationof positions; hearing; review by Commission.
NRS 284.170 Establishmentof titles and grades for each class of employment; description of duties;specification of minimum qualifications.
NRS 284.171 Indexof broad occupational groups.
NRS 284.172 Listof positions in classified service primarily performing data processing;approval of new position or reclassification to position on list.
INDEPENDENT CONTRACTORS
NRS 284.173 Definition;contracts for services.
NRS 284.174 Contractsfor security services when personnel of Capitol Police Division not available.
COMPENSATION
NRS 284.175 Planfor payment of classified employees: Preparation; approval; contents;regulations; recommendations to Legislature.
NRS 284.177 Planto encourage continuity of service.
NRS 284.179 Professionalemployees of Nevada System of Higher Education not entitled to paymentspursuant to plan to encourage continuity of service.
NRS 284.180 Payplan to set official rates applicable to all positions in classified service;overtime; workweek for certain firefighters; innovative workweeks; existingcontracts of employment.
NRS 284.181 Agreementsconcerning provision of compensatory vacation time instead of monetary paymentfor overtime.
NRS 284.185 Certificationof payroll by Director.
NRS 284.190 Liabilityfor unlawful payment: Action for recovery; disposition of proceeds of action.
NRS 284.195 Actionby employee against appointing authority if appointed contrary to law andregulations; reimbursement of appointing authority prohibited.
NRS 284.200 Proceedingto compel Director to certify payroll.
EXAMINATIONS AND LISTS FOR EMPLOYMENT
NRS 284.205 Competitiveexaminations: Regulations.
NRS 284.210 Competitiveexaminations: Requirements; contents; persons conducting examinations.
NRS 284.215 Examinationof persons with disabilities.
NRS 284.220 Certificatesof general or special qualifications.
NRS 284.230 Timeand place of holding examination; use of public buildings.
NRS 284.235 Designationof persons to assist in examinations.
NRS 284.240 Groundsfor refusal to examine or certify.
NRS 284.245 Statementof Director upon refusal to examine or certify; appeal to Commission.
NRS 284.250 Regulationsfor establishment of lists of eligible persons; limitation on term ofeligibility.
NRS 284.253 Preferenceon list for residents of Nevada.
NRS 284.254 Preferenceon list for person separated from service because agency terminated.
NRS 284.255 Appointmentsto be made from appropriate lists.
NRS 284.260 Veteranspreferences: Additional credits on examination.
NRS 284.265 Noticeof new positions and vacancies: Certification of names by Director.
APPOINTMENTS
NRS 284.290 Probationaryperiod: Length; dismissal or demotion; notification by appointing authorityregarding permanent status.
NRS 284.295 Vacancyfilled by promotion; eligibility; competitive examinations.
NRS 284.300 Restorationof promotional appointee who fails to attain permanent status.
NRS 284.305 Provisionsand regulations for filling positions in classified service withoutcompetition.
NRS 284.307 Automaticadvancement of person in training or preparatory position.
NRS 284.309 Waiverof examination if fewer than five qualified applicants.
NRS 284.310 Provisionalappointment.
NRS 284.315 Emergencyappointment.
NRS 284.317 Appointmentof persons with disabilities.
NRS 284.320 Appointmentsrequiring exceptional scientific, professional or expert qualifications.
NRS 284.325 Temporaryappointment.
NRS 284.327 Temporarylimited appointment of persons with disabilities.
NRS 284.330 Reinstatementof 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 Stipendsfor training and educational leave for employees: Regulations; exceptions;restrictions; grants.
NRS 284.345 Regulationsfor attendance and leave of absence; personnel of Nevada System of HigherEducation.
NRS 284.350 Annualleave.
NRS 284.355 Leavefor sickness and disability: Accrual; payment for unused leave; employees withmental or emotional disorders; forfeiture of leave.
NRS 284.357 Deductionfrom salary for service during working hours as volunteer firefighter,voluntary medical technician, volunteer reserve member of police department orsheriffs office or volunteer ambulance driver or attendant prohibited.
NRS 284.358 Civilleave with reduced pay when performing active military service in time of waror emergency.
NRS 284.359 Militaryleave of absence; reinstatement.
NRS 284.360 Leaveof absence without pay.
NRS 284.362 Catastrophicleave: Definitions.
NRS 284.3621 Catastrophicleave: Account for catastrophic leave; transfer of hours to account;limitations on transfers; transfers between branches of government.
NRS 284.3622 Catastrophicleave: Request for transfer to employee of hours from account for catastrophicleave.
NRS 284.3623 Catastrophicleave: Approval of transfer of hours to employee.
NRS 284.3624 Catastrophicleave: Review of status of employee and his catastrophe; termination of leave;disposition of hours not used.
NRS 284.3625 Catastrophicleave: Maintenance of records; reports to Director.
NRS 284.3626 Catastrophicleave: Regulations of Commission.
NRS 284.3627 Committeeon Catastrophic Leave: Creation; members; terms; vacancies; members servewithout compensation.
NRS 284.3628 Committeeon Catastrophic Leave: Chairman and Vice Chairman; quorum; rules; hearings;Secretary.
NRS 284.3629 Committeeon Catastrophic Leave: Appeal of decision of appointing authority; procedure;representation of employee; finality of decision; inapplicability of
TRANSFERS
NRS 284.375 Conditions.
NRS 284.376 Involuntarytransfer; hearing; remedies.
NRS 284.3775 Transferof employee of Supreme Court, unclassified service or Legislative Branch toclassified service; exceptions; rights of employee in classified service whoaccepted position in Legislative Branch.
RETENTION IN AND SEPARATIONS FROM SERVICE
NRS 284.379 Separationor disability retirement of employee with disability.
NRS 284.380 Layoffs;reemployment lists.
NRS 284.381 Limitationon revocation of resignation by employee.
NRS 284.383 Useof disciplinary measures; employee entitled to receive copy of findings orrecommendations.
NRS 284.384 Adjustmentof certain grievances: Regulations; appeal to Employee-Management Committee;representation of employee.
NRS 284.385 Dismissals,demotions and suspensions.
NRS 284.387 Internaladministrative investigations leading to certain disciplinary action: Right ofemployee to written notice of allegations before questioning and torepresentation.
NRS 284.390 Hearingto determine reasonableness of dismissal, demotion or suspension; judicialreview.
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 ofwitnesses.
NRS 284.393 Hearings:Fees, mileage and expenses of witnesses.
NRS 284.405 Hearingsand investigations may be held in public buildings.
USE OF ALCOHOL OR DRUGS BY EMPLOYEES
NRS 284.406 Policyconcerning use of alcohol or drugs by state employees.
NRS 284.4061 Definitions.
NRS 284.4062 Employeewho consumes or is under the influence of alcohol or drugs or who possessescontrolled substance on duty is subject to disciplinary action; state agencyrequired to refer certain employees to employee assistance program.
NRS 284.4063 Groundsfor disciplinary action: Failure to notify supervisor after consuming certaindrugs; failure or refusal to submit to screening test; failure of screeningtest.
NRS 284.4064 Appointingauthority authorized to require employee who has consumed drug to obtainclearance from physician; inquiry regarding use of alcohol or drug by employee;preventing employee from continuing work.
NRS 284.4065 Screeningtests: General provisions.
NRS 284.4066 Screeningtests: Applicants for positions affecting public safety required to takescreening test; appointing authority authorized to consider results; provisionof results to applicant upon request.
NRS 284.4067 Screeningtests: Requirements for administration; use; results.
NRS 284.4068 Screeningtests: Results confidential; admissibility of results; security; disclosure.
NRS 284.4069 Trainingfor supervisors.
NRS 284.407 Regulations.
PROHIBITIONS AND OFFENSES
NRS 284.410 Falsestatement or report; fraud.
NRS 284.415 Receiptor payment of consideration for appointment or promotion.
NRS 284.420 Obstructionof right to examination, eligibility, certification or appointment; furnishingspecial or secret information.
NRS 284.425 Memberof subversive organization ineligible for appointment or employment in publicservice.
NRS 284.430 Penalties.
________
GENERAL PROVISIONS
NRS
1. The Legislature declares that the purpose of thischapter is:
(a) To provide all citizens a fair and equalopportunity for public service;
(b) To establish conditions of service which willattract officers and employees of character and ability;
(c) To establish uniform job and salaryclassifications; and
(d) To increase the efficiency and economy of theagencies in the Executive Department of the State Government by the improvementof methods of personnel administration.
2. The Legislature declares that, in its consideredjudgment, the proper administration of the Executive Department of our StateGovernment requires the enactment of this chapter.
[Part 1:351:1953](NRS A 1963, 485)
NRS
(Added to NRS by 1969, 586; A 1993, 469)
NRS
1. Except as otherwise provided in subsection 4, thischapter does not apply to:
(a) Agencies, bureaus, commissions, officers orpersonnel in the Legislative Department or the Judicial Department of StateGovernment, including the Commission on Judicial Discipline;
(b) Any person who is employed by a board, commission,committee or council created in chapters 590,
(c) Officers or employees of any agency of theExecutive Department of the State Government who are exempted by specificstatute.
2. Except as otherwise provided in subsection 3, theterms 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 fixedby the appointing or employing authority within the limits of legislativeappropriations or authorizations.
3. Except as otherwise provided in this subsection,leaves of absence prescribed pursuant to subsection 2 must not be of lesserduration than those provided for other state officers and employees pursuant tothe provisions of this chapter. The provisions of this subsection do not governthe Legislative Commission with respect to the personnel of the LegislativeCounsel Bureau.
4. Any board, commission, committee or council createdin chapters 590, 623to 625A, inclusive,
(Added to NRS by 1963, 485; A 1971, 768; 1979, 1697;1981, 1277, 1828; 1983, 179; 1989, 1710; 1991, 993; 1995, 801;
NRS
1. Commission means the Personnel Commission.
2. Department means the Department of Personnel.
3. Director means the Director of the Department.
4. Disability, includes, but is not limited to, physicaldisability, mental retardation and mental or emotional disorder.
5. Essentialfunctions has the meaning ascribed to it in 29 C.F.R. 1630.2.
6. Public service means positions providing servicefor any office, department, board, commission, bureau, agency or institution inthe Executive Department of the State Government operating by authority of theConstitution 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 anybranch 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;
NRS
1. All officers and employees in the ExecutiveDepartment of the State Government shall:
(a) Conform to, comply with and aid in all proper waysin carrying out the provisions of this chapter and the regulations prescribedunder it.
(b) Furnish any records or information which theDirector or the Commission may request for any purpose of this chapter.
2. This chapter does not limit the authority of electiveofficers and heads of departments to conduct and manage the affairs of theirdepartments as they see fit.
[57:351:1953](NRS A 1963, 486, 1283; 1983, 619)
NRS
(Added to NRS by 1965, 255; A 1981, 1684; 1983, 619)
ADMINISTRATION
NRS
1. The Department of Personnel is hereby created.
2. The Department shall administer the provisions ofthis chapter.
[4:351:1953](NRS A 1963, 1035; 1983, 619)
NRS
1. There is hereby created in the Department apersonnel commission composed of five members appointed by the Governor.
2. The Governor shall appoint:
(a) Three members who are representatives of thegeneral public and have a demonstrated interest in or knowledge of theprinciples of public personnel administration.
(b) One member who is a representative of labor and hasa background in personnel administration.
(c) One member who is a representative of employers ormanagers and has a background in personnel administration.
[Part 5:351:1953](NRS A 1963, 1035; 1983, 619, 774)
NRS
[7:351:1953]
NRS
1. The members of the Commission shall serve at thepleasure of the Governor, but no appointment shall extend beyond a period of 4years from the date of expiration of the preceding appointment.
2. Continued absence from meetings shall constitutegood and sufficient cause for removal of a member by the Governor.
[Part 5:351:1953] + [6:351:1953]
NRS
1. While engaged in official business of theDepartment, the members of the Commission are entitled to receive a salary ofnot more than $80 per day, as fixed by the Commission.
2. While engaged in the business of the Department,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.
[10:351:1953](NRS A 1963, 1036; 1975, 297; 1981,1979; 1983, 619; 1985, 391; 1989, 1710)
NRS
1. The Governor shall designate one of the members ofthe Commission as Chairman of the Commission.
2. The Director shall act as the nonvoting recordingSecretary of the Commission. He shall keep the minutes and audio recordings ortranscripts of the proceedings of the Commission.
[Part 5:351:1953] + [Part 8:351:1953] + [Part15:351:1953](NRS A 1963, 1036; 1983, 619;
NRS
1. The members of the Commission may meet at the timesand places specified by the call of the Chairman or a majority of theCommission, but a meeting of the Commission must be held regularly at leastonce every 3 months.
2. Three members of the Commission constitute aquorum. A quorum may exercise any power conferred on the Commission, but noregulations may be adopted, amended or rescinded except by a majority vote ofthe entire membership of the Commission.
3. The Commission shall keep minutes and audiorecordings or transcripts of the transactions of each meeting. Except asotherwise provided in NRS 241.035, theminutes, audio recordings and transcripts are public records and must be filedwith the Department.
[Part 8:351:1953] + [Part 9:351:1953](NRS A 1963,1036; 1983, 619, 1440; 2005,1409)
NRS
[Part 8:351:1953]
NRS
1. The Commission has only such powers and duties asare authorized by law.
2. In addition to the powers and duties set forthelsewhere in this chapter, the Commission shall:
(a) Advise the Director concerning the organization andadministration of the Department.
(b) Report to the Governor biennially on all matterswhich the Commission may deem pertinent to the Department and concerning anyspecific matters previously requested by the Governor.
(c) Advise and make recommendations to the Governor orthe Legislature relative to the personnel policy of the State.
(d) Adopt regulations to carry out the provisions ofthis chapter.
(e) Foster the interest of institutions of learning andof civic, professional and employee organizations in the improvement ofpersonnel standards in the state service.
(f) Review decisions of the Director in contested casesinvolving the classification or allocation of particular positions.
(g) Exercise any other advisory powers necessary orreasonably 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;
NRS
1. The Employee-Management Committee, consisting ofsix members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Committee:
(a) Three persons to represent management within theExecutive Department of State Government, and three persons to serve asalternates for them.
(b) Three persons to represent employees within theExecutive Department of State Government, and three persons to serve asalternates for them.
3. The representatives of employees and theiralternates must be selected from a list, supplied by state employees or one ormore state employees groups, or any combination of these, containing twice asmany names as there are vacancies to be filled.
4. The members of the Committee and the alternatesshall serve for 2 years.
(Added to NRS by 1983, 361)
NRS
1. The Chairman of the Employee-Management Committeemust be chosen by a majority vote of the members.
2. The Committee shall adopt such rules as it deemsnecessary for its own management.
3. The Committee shall meet at least once every 3months and at such other times as the Chairman may designate.
4. The Department shall provide secretarial servicesfor the Committee.
(Added to NRS by 1983, 361; A 1983, 644)
NRS
1. Serve in an advisory capacity to the Governor, theCommission and the Department with respect to all matters of personneladministration and relations between management and employees.
2. Receive, consider and make recommendations onmatters relating to personnel administration, policy and procedures.
3. Provide a forum for the hearing of employeessuggestions, complaints or disciplinary problems.
4. Provide a means of communication for disseminatinginformation to employees regarding the personnel program.
5. Hold hearings, when requested, and make finaldecisions for the adjustment of grievances as provided by the regulations ofthe Commission.
(Added to NRS by 1983, 361; A 1983, 644)
NRS
1. In carrying out the provisions of subsection 5 of
2. If a person named in a subpoena fails or refuses toattend or testify before the Committee, to answer any questions propounded bythe Committee or to produce the books, papers or other items required by thesubpoena, the Chairman of the Committee may petition the district court toenter an order compelling the person to attend and testify before theCommittee, to answer the questions propounded by the Committee or to producethe books, papers or other items required by the subpoena. The petition filedby the Chairman must set forth that:
(a) Due notice has been given to the person named inthe subpoena of the time and place for his attendance and testimony before theCommittee or for the production of the books, papers or other items required bythe subpoena;
(b) The person has been subpoenaed by the Chairman ofthe Committee pursuant to this section; and
(c) The person has failed or refused to attend ortestify before the Committee, to answer certain questions propounded by theCommittee or to produce the books, papers or other items required by thesubpoena.
3. Upon such a petition, the court shall enter anorder directing the person named in the subpoena to:
(a) Appear before the court at the place and timedesignated in the order. The time designated by the court must be not laterthan 10 days after the date of the order.
(b) Show cause why the person has failed or refused toattend or testify before the Committee, to answer the questions propounded bythe Committee or to produce the books, papers or other items required by thesubpoena.
A certifiedcopy of the order must be served upon the person named in the subpoena.
4. If it appears to the court that the subpoena wasregularly issued by the Chairman of the Committee and properly served, thecourt shall enter an order directing the person named in the subpoena to appearbefore the Committee at the place and time designated in the order and totestify before the Committee, to answer the questions propounded by theCommittee or to produce the books, papers or other items required by thesubpoena. Failure to obey the order constitutes contempt of court.
(Added to NRS by
NRS
1. A subpoena issued by the Chairman of theEmployee-Management Committee extends to all parts of this state and must beserved in accordance with the provisions of
(a) The location of the place is less than 100 milesfrom the persons primary residence; or
(b) A party, by affidavit, shows that the testimony ofthe person is material and necessary to the proceedings and the Chairmanendorses on the subpoena an order requiring the person to attend at the placenamed in the subpoena, regardless of its location in this state.
2. A person who appears before the Committee pursuantto a subpoena is entitled to receive fees and mileage in the same amounts andunder the same circumstances as prescribed by law for a witness in a civilaction in the district court, unless the person is a party to the proceeding oran officer or employee of this state or any of its political subdivisions.
3. If a person who is entitled to receive fees andmileage pursuant to subsection 2 must appear at a hearing before the Committeeat a place located so far from his primary residence that it is not reasonablefor the person to return to that residence from day to day, the person isentitled, in addition to fees and mileage, to receive the per diem compensationfor subsistence and transportation authorized by
4. Except as otherwise provided in subsection 5, aparty who requests that the Chairman issue a subpoena to a person shall pay tothe Committee the amount of any compensation for subsistence and transportationthat the person is entitled to receive from the Committee pursuant tosubsection 3.
5. As part of an award of costs to the party whoprevails in a proceeding, the Committee may require the party who did notprevail in the proceeding to pay to the Committee the amount of anycompensation for subsistence and transportation that the prevailing party wouldhave otherwise been required to pay to the Committee pursuant to subsection 4.
(Added to NRS by
NRS
1. Must be appointed by, is responsible to and servesat the pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment oroccupation.
4. Must be selected with special reference to histraining, experience, capacity and interest in the field of personneladministration. His knowledge and abilities should include:
(a) A comprehensive knowledge of the principles andpractices of personnel administration.
(b) A working knowledge of job and salaryclassification methods.
(c) An extensive knowledge of the organization andoperations of state departments, agencies and institutions, and of statutes andregulations concerning government personnel.
(d) An extensive knowledge of principles of publicorganization and administration.
(e) Administrative ability in the direction of staffanalyses of government salaries and positions, and in the maintenance ofeffective working relationships with all state officials concerned withpersonnel.
(f) Ability to organize and present clearly oral andwritten reports of findings and recommendations.
5. Must have progressively responsible experience inpersonnel administration in an amount to be determined by the Commission andhave been graduated from an accredited 4-year college or university, or have anequivalent 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)
NRS
(Added to NRS by 1973, 588; A 1983, 247)
NRS
[Part 15:351:1953] + [16:351:1953] + [Part68:351:1953](NRS A 1963, 1037; 1975, 345; 1983, 621)
NRS
1. The Director shall direct and supervise alladministrative and technical activities of the Department.
2. In addition to the duties imposed upon himelsewhere in this chapter, the Director shall:
(a) Apply and carry out the provisions of this chapterand the regulations adopted pursuant to it.
(b) Establish objectives for the Department in termswhich are specific, measurable and conducive to reliable evaluation, anddevelop a plan for accomplishing those objectives.
(c) Establish a system of appropriate policies for eachfunction within the Department.
(d) Attend all meetings of the Commission.
(e) Advise theCommission with respect to the preparation and adoption of regulations to carryout the provisions of this chapter.
(f) Report to the Governor and the Commission upon allmatters concerning the administration of his office and request the advice ofthe Commission on matters concerning the policies of the Department, but theDirector is responsible for the conduct of the Department and itsadministrative functions unless otherwise provided by law.
(g) Establish and maintain a roster of all employees inthe 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 andothers, foster and develop programs for improving the effectiveness and moraleof employees, including training and procedures for hearing and adjustinggrievances.
(i) Encourage and exercise leadership in thedevelopment of effective personnel administration within the severaldepartments in the public service, and make available the facilities andservices of the Department and its employees to this end.
(j) Make to the Commission and to the Governor abiennial report regarding the work of the Department and such special reportsas he may consider desirable.
(k) Maintain a continuous program of recruiting for theclassified service.
(l) Perform any other lawful acts which he may considernecessary or desirable to carry out the purposes and provisions of thischapter.
[Part 12:351:1953] + [Part 15:351:1953](NRS A 1963,486, 1283; 1983, 246, 621;
NRS
1. The Personnel Operating Fund is hereby created asan internal service fund.
2. The Department may accept on behalf of the Stateany grant or contribution, federal or otherwise, made to assist in meeting thecosts of carrying out the purposes of this chapter. All such grants andcontributions must be deposited with the State Treasurer to the credit of thePersonnel Operating Fund.
3. All costs of administering the provisions of thischapter must be paid out of the Personnel Operating Fund on claims in the samemanner 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
1. The Director shall:
(a) Maintain accurate records reflecting the costs ofadministering 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, theestimated cost, expressed as a percentage of the gross annual salaries paid, ofcarrying out the functions of the Department for the 2 succeeding fiscal years,and inform each department, agency and institution operating under theprovisions of this chapter of that cost.
2. Each department, agency and institution shallinclude in its budget for each of the 2 succeeding fiscal years an amount ofmoney equal to the cost estimated pursuant to subsection 1.
3. Except as otherwise provided in subsection 4, onJuly 1 of each year each department, agency and institution shall pay to theDirector for deposit in the Personnel Operating Fund an assessment equal to theamount of money appropriated to or authorized for that department, agency orinstitution pursuant to its budget for the costs of personnel administration.
4. Any state department, agency or institution may paythe assessment required by subsection 3 on a date or dates other than July 1 ifcompliance with federal law or regulation so requires.
5. Changes in assessments are effective upon approvalof 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)
1. The name ofthe appointee or employee.
2. The titleand status of his employment.
3. The date ofcommencement of the action.
4. The salary or compensation of the appointee oremployee.
(Added to NRS by
NRS
1. When requested by the Governor, the Legislature, ortheir authorized representatives, the Director may:
(a) Investigate duplication of personnel work ofdepartments, institutions and agencies in the Executive Department of the StateGovernment.
(b) Study the personnel organization and administrationof those departments, institutions and agencies.
(c) Formulate plans for better and more effectivepersonnel management.
2. He shall prepare and report any personnel data orstatistics which the Governor or the Legislature may require.
3. The Director shall cooperate with the heads ofdepartments and agencies in making similar personnel studies in theirrespective departments and agencies.
[63:351:1953](NRS A 1963, 487, 1284; 1983, 623)
NRS
[Part 60:351:1953](NRS A 1963, 487, 1284; 1983, 623)
NRS
1. Subject to regulations adopted by the Commission,the services and facilities of the Department and its employees are availableupon request to political subdivisions of the State.
2. In making the services and facilities of theDepartment and its employees available, it must be understood that:
(a) Requirements for the enforcement and administrationof the provisions of this chapter must be given precedence; and
(b) The political subdivisions shall reimburse theDepartment for the reasonable cost of those services and facilities.
[61:351:1953](NRS A 1963, 1040; 1983, 623;
CLASSIFICATION
NRS
(Added to NRS by 1960, 486; A 1963, 487)
NRS
1. Members of boards and commissions, and heads ofdepartments, agencies and institutions required by law to be appointed.
2. Except as otherwise provided in
3. All employees other than clerical in the Office ofthe Attorney General and the State Public Defender required by law to beappointed by the Attorney General or the State Public Defender.
4. Except as otherwise provided by the Board ofRegents of the University of Nevada pursuant to
5. All other officers and employees authorized by lawto 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;
NRS
1. The other employment does not conflict with theduties he is required to perform in his unclassified service;
2. The other employment does not conflict with thehours during which he is required to perform those duties; and
3. He has obtained the approval of his supervisor.
(Added to NRS by 1995, 2310)
NRS
[21:351:1953](NRS A 1963, 1041; 1983, 624)
NRS
(Added to NRS by 1959, 514; A 1963, 488; 1979, 607)
NRS
1. An elected officer or an employee in theunclassified service who is on the personal staff of an elected officer, anappointed head of a department or division who serves at the pleasure ordiscretion of an elected officer or an executive, administrative orprofessional employee within the meaning of the Fair Labor Standards Act of1938, 29 U.S.C. 201 et seq.:
(a) Must be paid on a salary basis, within a maximumamount established by law;
(b) Is not entitled to compensation for overtime; and
(c) Is not subject to disciplinary suspensions for lessthan 1 week.
2. An employee in the classified service who is an executive,administrative or professional employee within the meaning of the Fair LaborStandards Act of 1938, 29 U.S.C. 201 et seq., and who is either a head of adepartment, 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 lessthan 1 week.
3. Unless otherwise specified by statute, theDepartment shall determine which positions in the classified and unclassifiedservice are subject to the provisions of this section.
(Added to NRS by 1993, 2090; A
NRS
1. The classified service of the State of Nevada iscomprised of all positions in the public service now existing or hereaftercreated which are:
(a) Lawfully designated as being in the classifiedservice; and
(b) Filled according to merit and fitness from eligiblelists prepared upon the basis of examination, which must be open andcompetitive, except as otherwise provided in this chapter and
2. Except as otherwise provided in
3. A person must not be discriminated against onaccount of his religious opinions or affiliations, race, sex, age ordisability.
[19:351:1953](NRS A 1963, 488; 1977, 552; 1991, 468;1993, 469; 2001, 1831;2003, 1438)
NRS
1. The Commission shall adopt a code of regulationsfor the classified service.
2. The code must include regulations concerningcertifications 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 forexamination and certification are impracticable; and
(b) Classes where applicants for promotion are notnormally available.
Theseregulations may be different from the regulations concerning certifications andappointments for other positions in the classified service.
[20:351:1953](NRS A 1963, 1041; 1981, 1040; 1983,625; 2003, 1438)
NRS
1. The Director shall prepare, maintain and revise asnecessary a classification plan for all positions in the classified service,based upon similarity of duties and responsibilities, so that the samequalifications may reasonably be required for, and the same schedule of pay maybe equitably applied to, all positions in the same class.
2. The duty of the Director to classify extends to alloffices, employments and positions held by persons who may become members ofthe classified service under the provisions of this chapter.
3. The Director may, after consultation with the headof a department or agency, make changes in the classification of positionswhenever he deems it necessary for the efficiency of the public service.
4. The classification plan and changes therein aresubject to approval by the Commission, except that the Director may make achange in the classification plan without the prior approval of the Commissionif:
(a) The Director deems it necessary for the efficiencyof the public service;
(b) The change is not proposed in conjunction with anoccupational study; and
(c) The Director, at least 20 working days beforeacting upon the proposed change:
(1) Provides written notice of the proposal toeach member of the Commission, to all departments and to any head of anemployees organization who requests notice of such proposals; and
(2) Posts a written notice of the proposal ineach of the principal offices of the Department of Personnel.
Anyoccupational study conducted by the Department in connection with thepreparation, maintenance or revision of the classification plan must beapproved by the Commission.
5. If no written objection to the proposed change tothe classification plan is received by the Director before the date it isscheduled to be acted upon, the Director may effect the change. The Directorshall report to the Commission any change in the classification plan madewithout its approval at the Commissions next succeeding regular meeting.
6. If a written objection is received before the datethe proposed change is scheduled to be acted upon, the Director shall place thematter on the agenda of the Commission for consideration at its next succeedingregular meeting.
[Part 22:351:1953](NRS A 1963, 1041; 1983, 625;1985, 151; 1991, 453)
NRS
1. As soon as practicable and after consultation withappointing authorities and principal supervisory officials, the Director shallallocate the position of every employee in the classified service to one of thepositions in the position classification plan.
2. Any employee affected by the allocation of aposition to a grade or class or by a change in classification, after filingwith the Director a written request for reconsideration thereof, must be givena reasonable opportunity to be heard thereon by the Director.
3. Any employee who is aggrieved by the Directorsdecision concerning an allocation or change in classification is entitled tohave the decision reviewed by the Commission if the employee submits a writtenrequest to the Commission for such a review not later than 30 days after theDirectors decision.
[Part 22:351:1953](NRS A 1963, 1041; 1979, 357;1983, 625)
NRS
1. Titles and grades shall be established for eachclass of employment for use in examining and certifying the names of personsfor appointment under this chapter; and a description of the duties andresponsibilities exercised by the persons appointed to each of them shall bedrawn up; and minimum qualifications shall be specified for satisfactoryperformance of the duties of each grade and class.
2. The titles and grades in the severalclassifications as defined by the specifications of duties and qualificationsshall be used for original appointments, promotions, payrolls and all otherrecords affecting the status of personnel.
[Part 22:351:1953]
NRS
1. Occupations in the fields of agriculture andconservation.
2. Clerical and related occupations.
3. Occupations relating to custodial and domesticservices.
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 staffservices.
8. Occupations relating to legal services.
9. Occupations in the mechanical and constructiontrades.
10. Occupations in the fields of medicine and healthand related services.
11. Occupations in regulatory fields and in publicsafety.
12. Occupations in social services and rehabilitation.
13. Other occupations.
(Added to NRS by 1979, 606; A 1983, 625; 1987, 1324;
NRS
1. The Director shall prepare, maintain and revise asnecessary a list of all positions in the classified service that consistprimarily of performing data processing.
2. The request of an appointing authority that isrequired to use the equipment or services of the Department of InformationTechnology for a new position or the reclassification of an existing positionto a position included on the list required by subsection 1 must be submittedto the Director of the Department of Information Technology for approval beforesubmission to the Department of Personnel.
(Added to NRS by 1993, 446; A 1995, 521; 1997, 3089)
INDEPENDENT CONTRACTORS
NRS
1. Elective officers and heads of departments, boards,commissions or institutions may contract for the services of persons asindependent contractors. Except as otherwise provided by specific statute, eachcontract for services must be awarded pursuant to the provisions of
2. An independent contractor is a natural person, firmor corporation who agrees to perform services for a fixed price according tohis or its own methods and without subjection to the supervision or control ofthe other contracting party, except as to the results of the work, and not asto the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses maybe paid to an independent contractor, if provided for in the contract, in suchamounts as provided for in the contract. Those expenses must not be paidpursuant to the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the State;
(2) Coverage for industrial insurance providedby the State;
(3) Participation in group insurance plans whichmay be available to employees of the State;
(4) Participation or contributions by either theindependent contractor or the State to the Public Employees Retirement System;
(5) Accumulation of vacation leave or sickleave; or
(6) Coverage for unemployment compensationprovided by the State if the requirements of NRS612.085 for independent contractors are met.
4. An independent contractor is not in the classifiedor unclassified service of the State, and has none of the rights or privilegesavailable to officers or employees of the State of Nevada.
5. Except as otherwise provided in this subsection,each contract for the services of an independent contractor must be in writing.The form of the contract must be first approved by the Attorney General, andexcept as otherwise provided in subsection 7, an executed copy of each contractmust be filed with the Fiscal Analysis Division of the Legislative CounselBureau and the Clerk of the State Board of Examiners. The State Board ofExaminers may waive the requirements of this subsection in the case ofcontracts which are for amounts less than $2,000.
6. Except as otherwise provided in subsection 7, andexcept contracts entered into by the Nevada System of Higher Education, eachproposed contract with an independent contractor must be submitted to the StateBoard of Examiners. The contracts do not become effective without the priorapproval of the State Board of Examiners, except that the State Board ofExaminers may authorize its clerk or his designee to approve contracts whichare:
(a) For amounts less than $10,000 or, in contractsnecessary to preserve life and property, for amounts less than $25,000.
(b) Entered into by the State Gaming Control Board forthe purposes of investigating an applicant for or holder of a gaming license.
The StateBoard of Examiners shall adopt regulations to carry out the provisions of thissection.
7. Copies of the following types of contracts need notbe filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the Department ofTransportation for any work of construction or reconstruction of highways.
(b) Contracts executed by the State Public Works Boardor any other state department or agency for any work of construction or majorrepairs of state buildings if the contracting process was controlled by therules of open competitive bidding.
(c) Contracts executed by the Housing Division of theDepartment of Business and Industry.
(d) Contracts executed with business entities for anywork of maintenance or repair of office machines and equipment.
8. The State Board of Examiners shall review eachcontract submitted for approval pursuant to subsection 6 to consider:
(a) Whether sufficient authority exists to expend themoney required by the contract; and
(b) Whether the service which is the subject of thecontract could be provided by a state agency in a more cost-effective manner.
If thecontract submitted for approval continues an existing contractual relationship,the Board shall ask each agency to ensure that the State is receiving theservices that the contract purports to provide.
9. If the services of an independent contractor arecontracted for to represent an agency of the State in any proceeding in anycourt, the contract must require the independent contractor to identify in allpleadings the specific state agency which he is representing.
(Added to NRS by 1960, 486; A 1961, 686; 1973, 434,911; 1975, 534; 1977, 346; 1979, 1184, 1791; 1981, 1175; 1983, 765; 1987, 322,1486; 1993, 375, 854, 1550, 2013; 1995, 666, 2042; 1997, 1268, 1270;
NRS
1. If personnel of the Capitol Police Division of theDepartment of Public Safety are not available to provide security services fora building, office or other facility of a state agency, the state agency may,pursuant to NRS 284.173, contract withone or more independent contractors to provide such services.
2. An independent contractor with whom a state agencycontracts pursuant to subsection 1 must:
(a) Be licensed as a private patrolman pursuant to
(b) Possess the skills required of and meet the samephysical requirements as law enforcement personnel certified by the peaceofficers standards and training commission created pursuant to
(Added to NRS by 1997, 2417; A
COMPENSATION
NRS
1. After consultation with appointing authorities andstate fiscal officers, the Director shall prepare a pay plan for all employeesin the classified service.
2. The pay plan and its amendments become effectiveonly 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 setforth in the pay plan for the class of position in which he is employed and atsuch time as necessary money is made available for the payment.
4. The Commission shall adopt regulations to carry outthe pay plan.
5. The Director may make recommendations to theLegislature during regular legislative sessions concerning salaries for theclassified service of the State. In making such recommendations, the Directorshall consider factors such as:
(a) Surveys of salaries of comparable jobs ingovernment 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 recruitmentfor particular positions; and
(d) Maintaining an equitable relationship amongclassifications.
[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;
NRS
1. A plan toencourage continuity of service, administered by the Department, is herebyestablished 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 serviceis entitled to receive a semiannual payment of $75 plus:
(a) An annualincrease of $25 in the semiannual payment for each year of the employees ninththrough fourteenth years of continuous service;
(b) An annualincrease of $50 in the semiannual payment for each year of the employeesfifteenth through twenty-fourth years of continuous service; and
(c) An annual increase of $75 in the semiannual paymentfor each additional year of continuous service after 24 years, up to a maximumof 30 years of continuous state service.
2. An interruption in continuous state serviceterminates the employees eligibility for additional pay pursuant to subsection1.
3. Except as otherwise provided in this subsection, noyear served before the interruption may be counted in determining theemployees subsequent eligibility. This provision does not apply to an employeewho was employed before July 1, 1981, unless he leaves state service after thatdate.
4. As used in this section, continuous service meansuninterrupted service as defined by the Commission.
(Added to NRS by 1973, 822; A 1975, 640; 1979, 723;1981, 1319; 1983, 626; 1987, 1736;
NRS
(Added to NRS by 1985, 845; A 1993, 376;
NRS
1. The Legislature declares that since uniform salaryand wage rates and classifications are necessary for an effective and efficientpersonnel system, the pay plan must set the official rates applicable to allpositions in the classified service, but the establishment of the pay plan inno way limits the authority of the Legislature relative to budgetedappropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved bythe head of an agency or his representative must be earned at the rate of timeand one-half, except for those employees described in
3. Except as otherwise provided in subsections 4, 6, 7and 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 a24-hour shift shall be deemed to work an average of 56 hours per week and 2,912hours per year, regardless of the actual number of hours worked or on paidleave during any biweekly pay period. A firefighter so assigned is entitled toreceive 1/26 of his 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 workperiod for those hours worked or on paid leave.
Theappointing authority shall designate annually the length of the work period tobe used in determining the work schedules for such firefighters. In addition tothe regular amount paid such a firefighter for the deemed average of 56 hoursper week, he is entitled to payment for the hours which comprise the differencebetween the 56-hour average and the overtime threshold of 53 hours average at arate which will result in the equivalent of overtime payment for those hours.
5. The Commission shall adopt regulations to carry outthe provisions of subsection 4.
6. For employees who choose and are approved for avariable workday, overtime will be considered only after working 40 hours in 1week.
7. Employees who are eligible under the Fair LaborStandards Act of 1938, 29 U.S.C. 201 et seq., to work a variable 80-hourwork schedule within a biweekly pay period and who choose and are approved forsuch a work schedule will be considered eligible for overtime only afterworking 80 hours biweekly, except those eligible employees who are approved forovertime in excess of one scheduled shift of 8 or more hours per day.
8. An agency may experiment with innovative workweeksupon the approval of the head of the agency and after majority consent of theaffected employees. The affected employees are eligible for overtime only afterworking 40 hours in a workweek.
9. This section does not supersede or conflict withexisting contracts of employment for employees hired to work 24 hours a day ina home setting. Any future classification in which an employee will be requiredto work 24 hours a day in a home setting must be approved in advance by theCommission.
10. All overtime must be approved in advance by theappointing authority or his designee. No officer or employee, other than adirector of a department or the chairman of a board, commission or similarbody, may authorize overtime for himself. The chairman of a board, commissionor similar body must approve in advance all overtime worked by members of theboard, commission or similar body.
11. The Budget Division of the Department ofAdministration shall review all overtime worked by employees of the ExecutiveDepartment to ensure that overtime is held to a minimum. The Budget Divisionshall report quarterly to the State Board of Examiners the amount of overtimeworked in the quarter within the various agencies of the State.
[Part 24:351:1953](NRS A 1971, 1061; 1975, 242;1983, 627, 1235, 1236; 1991, 1170; 1993, 2091;
NRS
(Added to NRS by 1993, 2091)
NRS
1. That the persons named in the payroll or accounthave been appointed, employed, reinstated or promoted as required by law andthe regulations established under this chapter; and
2. That the salary or compensation is within thesalary or wage schedule fixed pursuant to law.
[53:351:1953](NRS A 1963, 1042; 1983, 627)
NRS
1. Every officer who willfully makes a payment ofsalary or compensation contrary to the provisions of this chapter and anyofficer who signs, countersigns, or authorizes the signing or countersigning ofany warrant for such a payment, and the sureties on his official bond, areliable to the State of Nevada therefor.
2. An action to recover such a payment may bemaintained in the district court of any county by the Director or a member ofthe Commission.
3. All money recovered in such an action, whencollected, must be paid into the appropriate fund in the State Treasury.
[54:351:1953](NRS A 1963, 1042; 1983, 628)
NRS
1. Any person employed or appointed contrary to theprovisions of this chapter and the rules and regulations thereunder whosepayroll or account is refused certification shall have an action against theappointing authority employing or appointing or attempting to employ or appointhim 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 his ortheir official service or thereafter, shall be reimbursed by the State for anysum so paid or recovered in any such action.
[55:351:1953]
NRS
[56:351:1953](NRS A 1963, 1042; 1983, 628)
EXAMINATIONS AND LISTS FOR EMPLOYMENT
NRS
[Part 25:351:1953](NRS A 1963, 1042; 1983, 628;
NRS
1. All competitive examinations for positions in theclassified service must:
(a) Relate to those matters which fairly test thecapacity and fitness of the persons examined to perform in an efficient mannerthe duties of the class in which employment is sought.
(b) Be open to all applicants who meet the reasonablestandards or requirements fixed by the Director with regard to experience,character, age, education, physical condition and any other factors relating tothe ability of the applicants to perform the duties of the position withreasonable efficiency.
2. An examination may consist of:
(a) An evaluation of the applicants training andexperience;
(b) A written examination;
(c) An oral examination;
(d) An evaluation of the applicants performance, suchas 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 centerfor assessment as defined by regulations adopted by the Commission. An employeeof the department for which an examination is being held may not serve on thepanel or score the examination.
4. An oral examination given pursuant to this sectionmust be:
(a) Except as otherwise provided in subsection 5,conducted by a panel of which no more than one-third of the members areemployed by the department in which a vacancy exists for the position for whichthe examination is given.
(b) Recorded and maintained by the department for:
(1) Not less than 2 years after the date of theexamination; or
(2) Until the final disposition of a charge ofdiscrimination,
whichever islonger, and must be available to an affected person upon request.
5. Employees of the department in which a vacancyexists may comprise more than one-third of the members of the panel if:
(a) A member who is not such an employee is unable toserve 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 thatadminister separate and diverse programs and the employees of the department onthe panel are not employed by the same division.
[Part 26:351:1953](NRS A 1963, 1043; 1975, 1165;1983, 628; 1985, 1164; 1997, 1028;
NRS
[Part 26:351:1953](NRS A 1965, 675; 1993, 470)
NRS
[Part 26:351:1953](NRS A 1963, 1043; 1983, 628)
NRS
1. Examinations must be held at such times and placesas in the judgment of the Director most nearly meet the convenience ofapplicants, practicability of administration, and the needs of the publicservice.
2. The officers having control of public buildings inpolitical subdivisions of the State and in school districts, upon request ofthe Director, shall furnish convenient and reasonable space for examinationsand necessary furniture, heat and light for the accommodation of the localexaminers and for holding of examinations authorized by this chapter.
[Part 26:351:1953] + [Part 60:351:1953](NRS A 1963,1043; 1983, 628)
NRS
[17:351:1953](NRS A 1963, 1043; 1983, 629; 1985,391)
NRS
1. Lacks any of the preliminary requirementsestablished for the examination for the position or employment for which heapplies.
2. Submittedto a screening test administered pursuant to NRS284.4066, the results of which indicated the presence of a controlledsubstance, and the person did not provide the proof required by
3. Has been guilty of any crime involving moralturpitude or of infamous or notoriously disgraceful conduct.
4. Has been dismissed from the public service fordelinquency or misconduct.
5. Has made a false statement of any material fact.
6. Has, directly or indirectly, given, rendered orpaid, or promised to give, render or pay, any money, service or other valuablething to any person for, or on account of or in connection with, hisexamination, appointment or proposed appointment.
7. Has practiced, or attempted to practice, anydeception or fraud in his application, in his certificate, in his examination,or in securing his eligibility or appointment.
[27:351:1953](NRS A 1963, 1043; 1983, 629; 1993,470; 2003, 1441)
NRS
1. When the Director refuses to examine an applicantor, after an examination, refuses to certify an eligible person, the applicantor eligible person may request the Director to furnish to him a statement ofthe reasons for the refusal to examine or the refusal to certify, as the casemay be. The Director shall furnish the statement upon request.
2. If the Director refuses to examine an applicant or,after an examination, refuses to certify an eligible person, that person maytake an appeal to the Commission in accordance with regulations adopted by theCommission. If the Commission finds that the Director is in error in refusingto examine an applicant or in refusing to certify an eligible person, theCommission shall order the Director to examine or certify, and he shall comply.
[28:351:1953](NRS A 1963, 1044; 1983, 629)
NRS
1. The Commission shall adopt regulations for theestablishment of eligible lists for appointment and promotion which mustcontain the names of successful applicants in the order of their relativeexcellence in the respective examinations.
2. The term of eligibility of applicants on such listsis 1 year, but the term may be extended by the Director to a maximum of 3years.
[30:351:1953](NRS A 1963, 1044; 1983, 630;
NRS
(Added to NRS by 1965, 255; A 1981, 1040)
NRS
(Added to NRS by 1979, 1841)
NRS
1. Appointments must be made from the appropriateeligible list, but if no such list exists then the Director may certify fromsuch other list as he deems the next most appropriate. A new and separate listmust be created for a stated position only when there is no satisfactory list.
2. Unless otherwise provided by this chapter, noperson may be appointed or employed under any title not appropriate to theduties performed.
[Part 31:351:1953](NRS A 1963, 1044; 1983, 630)
NRS
1. In establishing the lists of eligible persons,certain preferences must be allowed for veterans not dishonorably dischargedfrom the Armed Forces of the United States. For disabled veterans, 10 pointsmust be added to the passing grade achieved on the examination. Forex-servicemen and women who have not suffered disabilities, and for the widowsand widowers of veterans, 5 points must be added to the passing grade achievedon the examination.
2. Any person qualifying for preference points pursuantto subsection 1 is entitled to have the points applied to any open competitiveexamination in the classified service, but only to one promotional examination.
3. For the purposes of this section, veteran has themeaning ascribed to eligible veteran in 38 U.S.C. 4211.
[32:351:1953](NRS A 1975, 1166; 1995, 160)
NRS
[33:351:1953](NRS A 1963, 1044; 1965, 256; 1983,630; 1995, 237)
APPOINTMENTS
NRS
1. All original competitive appointments to andpromotions within the classified service must be for a fixed probationaryperiod of 6 months, except that a longer period not exceeding 1 year may beestablished for classes of positions in which the nature of the work requires alonger period for proper evaluation of performance.
2. Dismissals or demotions may be made at any timeduring the probationary period in accordance with regulations adopted by theCommission.
3. Before the end of the probationary period and inaccordance with regulations adopted by the Commission, the appointing authorityshall notify the Director in writing whether or not the probationer is a satisfactoryemployee and should receive the status of a permanent appointee.
[39:351:1953](NRS A 1963, 1045; 1983, 631;
NRS
1. Vacancies in positions must be filled, so far aspracticable, by promotion within a department or agency from among personsholding positions in the classified service. Promotions must be based uponmerit and fitness, to be ascertained in accordance with regulations adopted bythe Commission. In such regulations, the employees efficiency, character,conduct and length of service must all constitute factors. For the purposes ofthis subsection, a person employed by the Legislative Branch of Governmentpursuant to subsection 5 of NRS 284.3775shall be deemed to hold the position he held before the legislative session.
2. Eligibility for promotion must be determined onrecommendation of the appointing authority and certification by the Directorthat the employee meets the minimum requirements and demonstrates hisqualifications in accordance with regulations adopted by the Commission.
3. The Director may provide, in specific cases, forcompetitive promotional examinations among employees of departments other thanthat in which a particular vacancy in a higher classification may exist.
4. An advancement in rank or grade or an increase insalary beyond the maximum fixed for the class constitutes a promotion.
[36:351:1953](NRS A 1963, 1045; 1983, 631; 1989,1647; 2003, 1442)
NRS
1. Any promotional appointee who fails to attainpermanent status in the position to which he was promoted, or who is dismissedfor cause other than misconduct or delinquency on his part from the position towhich he was promoted, either during the probationary period or at theconclusion thereof by reason of the failure of the appointing authority to filea request for his continuance in the position, shall be restored to the positionfrom which he was promoted.
2. Nothing contained in this section shall beconstrued to prevent any employee of the classified service from competing forplaces upon lists of persons eligible for original appointments.
[37:351:1953]
NRS
1. Except as otherwise provided in subsection 2,positions in the classified service may be filled without competition only asprovided in NRS 284.155,
2. The Commission may adopt regulations which providefor filling positions in the classified service without competition in casesinvolving:
(a) The demotion of a current employee;
(b) The reemployment of a current or former employeewho was or will be adversely affected by layoff, military service,reclassification or a permanent partial disability arising out of and in thecourse of his employment; or
(c) The reappointment of a current employee.
[Part 38:351:1953](NRS A 1981, 1040; 1989, 1266;1995, 286; 2003, 1442)
NRS
(Added to NRS by 1981, 1039)
NRS
(Added to NRS by 1981, 1040; A 1983, 632)
NRS
1. Whenever there are urgent reasons for filling avacancy in any position in the classified service and the Director is unable tocertify from any appropriate eligible list for the vacancy, the Director mayissue a provisional permit or certify a suitable person to fill the vacancyprovisionally only until a selection and appointment can be made aftercompetitive examination.
2. No person may receive more than one provisionalappointment or serve more than 6 months in any 12-month period as a provisionalappointee.
3. A provisional appointee must meet the minimumqualifications established for the class of positions involved.
[Part 38:351:1953](NRS A 1963, 1046; 1983, 632)
NRS
[Part 38:351:1953]
NRS
(Added to NRS by 1965, 675; A 1993, 470;
NRS
1. In case of a vacancy in a position where peculiarand exceptional qualifications of a scientific, professional or expertcharacter are required, and upon satisfactory evidence that for specificreasons competition in that case is impracticable, and that the position canbest be filled by the selection of some designated person of high andrecognized attainments in the required qualities, the director may suspend therequirements of competition.
2. The Director may suspend the requirements ofcompetitive examination for positions requiring highly professionalqualifications if past experience or current research indicates a difficulty inrecruitment or if the qualifications include a license or certification.
3. Upon specific written justification by theappointing authority, the Director may suspend the requirement of competitiveexamination for a position where extreme difficulty in recruitment has beenexperienced and extensive efforts at recruitment have failed to produce fivepersons in the state service who are qualified applicants for promotion to theposition.
4. Except in the circumstances described in subsection2, no suspension may be general in its application to any position, and eachcase of suspension and the justifying circumstances must be reported in thebiennial report of the department with the reasons for the suspension.
[Part 38:351:1953](NRS A 1963, 1046; 1981, 1040;1983, 239, 632)
NRS
1. The Commission shall adopt regulations notinconsistent with this section for the certification of qualified persons fortemporary service.
2. Except as otherwise provided in subsection 3,temporary positions which occur, terminate or recur periodically must be filledby certification in accordance with the regulations adopted by the Commission.
3. An agency may appoint persons temporarily for lessthan 160 cumulative hours during any calendar year without regard to theregulations adopted by the Commission pursuant to subsection 1.
4. The limitation on hours set forth in subsection 3does not apply to temporary or part-time service by:
(a) A pupil attending his last 2 years of high school;
(b) A student employed by the college or university heattends;
(c) A person certified for temporary service inaccordance with NRS 284.327;
(d) An employee of an events center, museum or researchcenter of the Nevada System of Higher Education;
(e) A person employed by the Nevada System of HigherEducation in a temporary position which recurs periodically for theregistration of students; or
(f) A person employed by the Nevada System of HigherEducation to provide such assistance to a student with a disability or to astudent with an identified academic disadvantage as it determines is necessaryfor the academic success of the student, including, without limitation, aperson employed as a tutor, note taker, reader, sign interpreter or test proctor.
5. The acceptance or refusal by an eligible person ofa temporary appointment does not affect his standing on the register forpermanent employment, nor may the period of temporary service be counted aspart of the probationary period in case of subsequent appointment to apermanent position.
6. Successive temporary appointments to the sameposition must not be made under this section.
7. As used in this section, student with anidentified academic disadvantage includes, without limitation, a student whothe Nevada System of Higher Education has determined requires the services of atutor for success in a course of study.
[Part 38:351:1953](NRS A 1963, 1046; 1983, 632;1987, 494; 1993, 376; 1995, 122;
NRS
1. To assist persons with disabilities certified bythe Rehabilitation Division of the Department of Employment, Training andRehabilitation, appointing authorities are encouraged and authorized to maketemporary limited appointments of certified persons with disabilities for aperiod not to exceed 700 hours notwithstanding that the positions so filled arecontinuing positions. A person with a disability who is certified by the RehabilitationDivision must be placed on the appropriate list for which he is eligible. Eachsuch person must possess the training and experience necessary for the positionfor which he is certified. The Rehabilitation Division must be notified of anappointing authoritys request for a list of eligibility on which the names ofone or more certified persons with disabilities appear. A temporary limitedappointment of a certified person with a disability pursuant to this sectionconstitutes the persons examination as required by
2. The Commission shall adopt regulations to carry outthe provisions of subsection 1.
3. This section does not deter or prevent appointingauthorities from employing:
(a) A person with a disability if he is available andeligible for permanent employment.
(b) A person with a disability who is employed pursuantto the provisions of subsection 1 in permanent employment if he qualifies forpermanent employment before the termination of his temporary limitedappointment.
4. If a person appointed pursuant to this section issubsequently appointed to a permanent position during or after the 700-hourperiod, the 700 hours or portion thereof counts toward the employeesprobationary period.
(Added to NRS by 1965, 675; A 1973, 139, 1406; 1983,633; 1991, 158; 1993, 470, 1552; 1995, 522;
NRS
[47:351:1953]
PERFORMANCE
NRS
1. The appointing authorities and other supervisingofficers of the various state departments, agencies and institutions, afterconsultation with the Director, shall establish standards of work performancefor each class of positions. Each appointing authority shall provide each ofits employees with a copy of the standards for his position.
2. The Director shall maintain service records ofperformance efficiency, character and conduct by a system of service ratingsbased upon those standards.
3. The Commission shall adopt regulations with respectto service ratings, and prescribe the extent to which service ratings must beconsidered in determining the advisability of transfers, the promotion of anemployee to a higher class, the question of demotion or dismissal of anyemployee, increases and decreases in salary of an employee within the salaryrange established under this chapter, and in all other decisions relating tothe status of employees.
4. The Commission may, by regulation, furtherprescribe the extent to which the service ratings, and the reports upon whichthey are based, are open to inspection.
[35:351:1953](NRS A 1963, 1047; 1983, 634; 1989,1056; 2003, 1444)
NRS
1. For filing at the times specified in
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
NRS
1. Provided within 6 months of the employeesappointment; and
2. Provided or approved by the Director.
(Added to NRS by 1989, 1055)
NRS
1. Report to the Director, in writing, the efficiencyof his subordinates and employees, and other information, in such manner as theCommission may prescribe by regulation.
2. File reports with the Director on the performance,during the probationary period, of each of his employees who holds a positionin the classified service. A report must be filed at the end of the 2nd and 5thmonths of employment if the probationary period is 6 months, or at the end ofthe 3rd, 7th and 11th months of employment if the probationary period is 12months.
3. File a report annually with the Director on theperformance of each of his employees who holds a position in the classifiedservice and has attained permanent status. The report must be filed at the endof the 12th month next following the attainment of permanent status, and at theend of every 12th month thereafter. If the report is not filed on or before therequired date, the performance of the employee shall be deemed to be standard.
4. If any report he files with the Director on theperformance of an employee who holds a position in the classified serviceincludes a rating of substandard, file with the Director an additional reporton the performance of the employee at least every 90 days until the performanceimproves to standard or until any disciplinary action is taken.
5. Provide the employee with a copy of each reportfiled.
[Part 52:351:1953](NRS A 1963, 1047; 1983, 634;1989, 1056; 2001, 749;2003, 1444)
TRAINING, ATTENDANCE AND LEAVES
NRS
1. Except as otherwise provided in this subsection,after consultation with appointing authorities, and in cooperation with theState Board of Examiners, the Commission shall adopt regulations for alltraining of employees in the state service. Professional employees of theteaching staff, Agricultural Extension Service and Nevada AgriculturalExperiment Station staffs of the Nevada System of Higher Education, or anyother state institution of learning and student employees of such aninstitution are exempt from the provisions of this section.
2. The regulations adopted pursuant to subsection 1must set forth the conditions under which educational leave stipends may bepaid to any officer or employee of the State. Except as otherwise provided in
3. This section does not prevent the granting ofsabbatical leaves by the Board of Regents of the University of Nevada.
4. Where practicable all training for state employeesmust be presented through established educational institutions within theState.
5. The Department shall coordinate all trainingactivities related to remedial programs and programs for career developmentdesigned to correct educational and training deficiencies of state employeesand create employment opportunities for the disadvantaged. In connection withthese activities, the Department, with the approval of the Governor, isdesignated to enter into contractual arrangements with the Federal Governmentand others that provide grants or other money for educational and trainingactivities.
(Added to NRS by 1971, 570; A 1983, 634; 1993, 377;
NRS
1. Except as otherwise provided in subsection 2, theCommission shall adopt regulations for attendance and leave with or without payor reduced pay in the various classes of positions in the public service.
2. The Board of Regents of the University of Nevadashall adopt regulations for attendance and for leave with or without pay orwith reduced pay, sabbatical leave, sick leave, emergency leave, annual leave,terminal leave, military leave and such other leave as the Board of Regentsdetermines to be necessary or desirable for officers and members of the facultyof the Nevada System of Higher Education. Sabbatical leave with pay may not begranted to more than 2 percent of the teaching personnel of a branch orfacility of the System with the rank of instructor or higher in any 1 year. Nosabbatical leave with pay may be granted unless the person requesting the leaveagrees in writing with the branch or facility to return to the branch or facilityafter the leave for a period not less than that required by his most recentcontract of employment if the Nevada System of Higher Education desires hiscontinued service.
[41:351:1953](NRS A 1961, 425; 1963, 1047; 1969,1426; 1983, 635; 1993, 378;
1. Except as otherwise provided in subsections 2, 3 and4, an employee in the public service, whether in the classified or unclassifiedservice, is entitled to annual leave with pay of 1 1/4 working days for eachmonth of continuous public service. The annual leave may be cumulative fromyear to year not to exceed 30 working days. The Commission may by regulationprovide for additional annual leave for long-term employees and for proratedannual 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 ofthe year following the year in which the annual leave in excess of 30 workingdays is accumulated or the amount of annual leave in excess of 30 working daysis forfeited on that date. If an employee:
(a) On or before October 15, requests permission totake annual leave; and
(b) His request for leave is denied in writing for anyreason,
he isentitled to payment for any annual leave in excess of 30 working days which herequested to take and which he would otherwise forfeit as the result of thedenial of his request, unless the employee has final authority to approve useof his own accrued leave and he received payment pursuant to this subsectionfor any unused annual leave in excess of 30 working days accumulated during theimmediately preceding calendar year. The payment for the employees unusedannual leave must be made to him not later than January 31.
3. Officers and members of the faculty of the NevadaSystem of Higher Education are entitled to annual leave as provided by theregulations adopted pursuant to subsection 2 of
4. The Commission shall establish by regulation aschedule for the accrual of annual leave for employees who regularly work morethan 40 hours per week or 80 hours biweekly. The schedule must provide for theaccrual of annual leave at the same rate proportionately as employees who worka 40-hour week accrue annual leave.
5. No elected state officer may be paid foraccumulated annual leave upon termination of his service.
6. During the first 6 months of employment of anyemployee in the public service, annual leave accrues as provided in subsection1, but no annual leave may be taken during that period.
7. No employeein the public service may be paid for accumulated annual leave upon terminationof employment unless he has been employed for 6 months or more.
8. Upon the request of an employee, the appointingauthority of the employee may approve the reduction or satisfaction of anoverpayment of the salary of the employee that was not obtained by the fraud orwillful misrepresentation of the employee with a corresponding amount of theaccrued annual leave of the employee.
[2:273:1953] + [Part 42:351:1953; A 1955, 411](NRS A1960, 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;
NRS
1. Except as otherwise provided in this section, allemployees in the public service, whether in the classified or unclassifiedservice, are entitled to sick and disability leave with pay of 1 1/4 workingdays 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 ofadditional unused sick leave which he is entitled to carry forward from 1 yearto the next is limited to one-half of the unused sick leave accrued during thatyear, but the Commission may by regulation provide for subsequent use of unusedsick leave accrued but not carried forward because of this limitation in caseswhere the employee is suffering from a long-term or chronic illness and hasused all sick leave otherwise available to him.
2. Upon the retirement of an employee, his terminationthrough no fault of his own or his death while in public employment, theemployee or his beneficiaries are entitled to payment:
(a) For his unused sick leave in excess of 30 days,exclusive of any unused sick leave accrued but not carried forward, accordingto his number of years of public service, except service with a politicalsubdivision of the State, as follows:
(1) For 10 years of service or more but lessthan 15 years, not more than $2,500.
(2) For 15 years of service or more but lessthan 20 years, not more than $4,000.
(3) For 20 years of service or more but lessthan 25 years, not more than $6,000.
(4) For 25 years of service, not more than$8,000.
(b) For his unused sick leave accrued but not carriedforward, an amount equal to one-half of the sum of:
(1) His hours of unused sick leave accrued butnot carried forward; and
(2) An additional 120 hours.
3. The Commission may by regulation provide foradditional sick and disability leave for long-term employees and for proratedsick and disability leave for part-time employees.
4. An employee entitled to payment for unused sickleave pursuant to subsection 2 may elect to receive the payment in any one ormore of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums orcontributions for insurance coverage for which he is otherwise eligiblepursuant to chapter 287 of NRS. If the insurancecoverage is terminated and the money advanced for premiums or contributionspursuant to this subsection exceeds the amount which is payable for premiums orcontributions for the period for which the former employee was actuallycovered, the unused portion of the advanced payment must be paid promptly tothe former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if heis otherwise eligible pursuant to chapter 286of NRS.
5. Officers and members of the faculty of the NevadaSystem of Higher Education are entitled to sick and disability leave asprovided by the regulations adopted pursuant to subsection 2 of
6. The Commission may by regulation provide policiesconcerning employees with mental or emotional disorders which:
(a) Use a liberal approach to the granting of sickleave or leave without pay to such an employee if it is necessary for him to beabsent for treatment or temporary hospitalization.
(b) Provide for the retention of the job of such anemployee for a reasonable period of absence, and if an extended absencenecessitates separation or retirement, provide for the reemployment of such anemployee if at all possible after recovery.
(c) Protect employee benefits, including, withoutlimitation, retirement, life insurance and health benefits.
7. The Commission shall establish by regulation aschedule for the accrual of sick leave for employees who regularly work morethan 40 hours per week or 80 hours biweekly. The schedule must provide for theaccrual of sick leave at the same rate proportionately as employees who work a40-hour week accrue sick leave.
8. The Department may investigate any instance inwhich it believes that an employee has taken sick or disability leave to whichhe was not entitled. If, after notice to the employee and a hearing, theCommission determines that he has taken sick or disability leave to which hewas not entitled, the Commission may order the forfeiture of all or part of hisaccrued 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;
NRS
1. All employees, whether in the classified or in theunclassified service of the State of Nevada, must be paid their salaries asfixed by law without diminution on account of any time spent away from stateemployment while acting as:
(a) Volunteer firefighters of any regular organized andrecognized fire department in the protection of life or property;
(b) Volunteer emergency medical technicians certifiedpursuant to chapter 450B of NRS;
(c) Volunteer reserve members of a police department ora sheriffs office; or
(d) Volunteer ambulance drivers or attendants,
duringworking hours or fractions thereof which should otherwise have been devoted tostate employment.
2. As used in this section, volunteer ambulancedriver or attendant means a person who is a driver of or attendant on anambulance owned or operated by:
(a) A nonprofit organization that provides volunteerambulance 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;
NRS
1. An officer or employee in the public service whoperforms active military service in the Armed Forces of the United States orany other category of persons designated by the President of the United Statesor the Governor of this State, including, without limitation, the CommissionedCorps of the United States Public Health Service, in time of war or emergencyis entitled to civil leave with reduced pay for the period of such service.
2. The pay that an officer or employee is entitled toreceive pursuant to this section is the difference between the pay that hewould have otherwise received as an officer or employee and his pay for activemilitary service. If his pay for active military service is greater than thepay that he would have otherwise received as an officer or employee, theofficer or employee is not entitled to receive any additional pay pursuant tothis section while he performs active military service.
3. As used in this section, pay for active militaryservice means the base pay that a person receives for active military serviceas determined by the rank or grade of the person. The term does not include anyother type of pay that a person may be entitled to receive for active militaryservice, including, without limitation, imminent danger pay or familyseparation allowance.
(Added to NRS by
NRS
[45:351:1953](NRS A 1963, 1048; 1983, 637;
NRS
1. Any person holding a permanent position in theclassified service may be granted a leave of absence without pay. Leave ofabsence may be granted to any person holding a position in the classifiedservice to permit acceptance of an appointive position in the unclassifiedservice. Leave of absence must be granted to any person holding a position inthe classified service to permit acceptance of a position in the LegislativeBranch during a regular or special session of the Legislature, including areasonable period before and after the session if the entire period ofemployment in the Legislative Branch is continuous.
2. If a person is granted a leave of absence withoutpay to permit acceptance of an appointive position in the unclassified serviceor a position in the Legislative Branch, any benefits earned while he is inthe:
(a) Classified service are retained and must be paid bythe employer in the classified service, whether or not the person returns tothe classified service.
(b) Unclassified service or employed by the LegislativeBranch are retained and must be paid by the appointing authority in theunclassified service or by the Legislative Branch, if he does not return to theclassified service, or by the employer in the classified service, if he returnsto the classified service.
3. Any person in the unclassified service, exceptmembers of the academic staff of the Nevada System of Higher Education, may begranted by the appointing authority a leave of absence without pay for a periodnot to exceed 6 months.
4. Officers and members of the faculty of the NevadaSystem of Higher Education may be granted leaves of absence without pay asprovided by the regulations prescribed pursuant to subsection 2 of
5. Except as otherwise provided in subsection 6, aperson in the classified or unclassified service who:
(a) Is the natural parent of a child who is less than 6months old; or
(b) Has recently adopted a child,
must begranted, upon request, a leave of absence without pay for a period not to exceed12 weeks. Such a request by natural parents must be submitted at least 3 monthsbefore the date upon which the requested leave will begin, unless a shorternotice is approved by the employer. Such a request by adoptive parents must besubmitted not fewer than 2 working days after the parents receive notice of theapproval of the adoption. This subsection does not affect the rights of anemployee set forth in NRS 284.350 or
6. The provisions of subsection 5 are effective onlyif the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq., or asubsequent federal law ceases to provide for a parental leave of absence of atleast 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
1. As used in NRS284.362 to 284.3629, inclusive:
(a) Catastrophe means:
(1) The employee is unable to perform the dutiesof his position because of a serious illness or accident which is lifethreatening or which will require a lengthy convalescence;
(2) There is a serious illness or accident whichis life threatening or which will require a lengthy convalescence in theemployees immediate family; or
(3) There is a death in the employees immediatefamily.
(b) Committee means the Committee on CatastrophicLeave created pursuant to NRS 284.3627.
2. The Commission shall adopt regulations furtherdefining catastrophe to ensure that the term is limited to seriouscalamities.
(Added to NRS by 1989, 693; A 1993, 1113; 1995, 743;
NRS
1. Each appointing authority may establish an accountfor catastrophic leave.
2. An employee of an appointing authority may request,in writing, that a specified number of hours of his accrued annual or sickleave be transferred from his account to the account for catastrophic leave.
3. An employee may not transfer to the account forcatastrophic leave any hours of sick leave if the balance in his account afterthe transfer is less than 240 hours.
4. The maximum number of hours which may betransferred by an employee in any 1 calendar year is 120. The minimum number ofhours which may be transferred in any 1 calendar year is 8.
5. An employee may transfer hours to any such accountfor catastrophic leave for use by a particular employee in any branch of StateGovernment who is eligible to receive them. A record of the source and numberof hours of leave transferred among different appointing authorities for thispurpose and the date of the transfer must be maintained by each appointingauthority. Leave transferred in excess of the amount approved for use by aparticular employee must be returned to the employees account from which itoriginated. The Commission shall, by regulation, determine the procedure toreturn excess leave.
6. Any hours of annual or sick leave which aretransferred from any employees account to the account for catastrophic leaveand not designated for use by a particular employee may not be returned orrestored to the originating employee. This subsection does not prevent theemployee from receiving leave pursuant to NRS284.3622.
(Added to NRS by 1989, 693; A 1993, 1113)
NRS
1. An employee of an appointing authority may request,in writing, that a specified number of hours of leave be transferred from theaccount for catastrophic leave to his account. The maximum number of hours thatmay be transferred to an employee pursuant to this section is 1,040 in any 1calendar year.
2. The request must include:
(a) The employees name, title and classification; and
(b) A description of the catastrophe and the expectedduration of leave required for that catastrophe.
3. An employee may not receive any leave from theaccount for catastrophic leave until he has used all his accrued annual, sickand compensatory leave.
4. An employee who receives leave from the account forcatastrophic leave is entitled to payment for that leave at a rate no greaterthan his own rate of pay.
(Added to NRS by 1989, 693; A 1993, 1113; 1995, 743)
NRS
(Added to NRS by 1989, 694; A 1993, 1113;
NRS
1. The appointing authority shall review the status ofthe employee regarding the catastrophe and determine when the need to takeleave for the catastrophe no longer exists.
2. The appointing authority shall not grant any hoursof leave from the account for catastrophic leave after:
(a) The need to take leave for the catastrophe ceasesto exist; or
(b) The employee who is receiving the leave resigns orhis employment with the appointing authority is terminated.
3. Any leave which the employee received from theaccount for catastrophic leave which was not used at the time the need to takeleave for the catastrophe ceases to exist or upon the resignation ortermination of the employment of the employee must be returned to the accountfor catastrophic leave.
(Added to NRS by 1989, 694; A 1993, 1113; 1995, 744)
NRS
(Added to NRS by 1989, 694; A 1993, 1113)
NRS
(Added to NRS by 1989, 694; A 1993, 1113)
NRS
1. There is hereby created within the Department theCommittee on Catastrophic Leave composed of five members appointed by theGovernor.
2. The Committee must be composed of:
(a) Three members who are executive officers of stateagencies; and
(b) Two members who are representatives of labor.
3. The members of the Committee serve at the pleasureof the Governor.
4. After the initial terms, each member of theCommittee serves for a term of 3 years. Each member of the Committee continuesin office until his successor is appointed. Any member of the Committee may bereappointed.
5. A vacancy in the membership of the Committee mustbe filled in the same manner as the original appointment for the remainder ofthe unexpired term.
6. The members of the Committee serve withoutcompensation, except that the members are entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally while engaged in the official business of the Committee.
(Added to NRS by
NRS
1. The members of the Committee shall elect a Chairmanand Vice Chairman from among their members. After the initial election, theChairman and Vice Chairman serve in the office for a term of 1 year beginningon July 1 of each year. If a vacancy occurs in the chairmanship or vicechairmanship, the members of the Committee shall elect a Chairman or ViceChairman from among their members to serve for the remainder of the unexpiredterm.
2. Any three members of the Committee constitute aquorum, and a majority vote of the quorum is required to take action withrespect to any matter.
3. The Committee shall adopt:
(a) Rules for its own management; and
(b) Such rules of practice and procedure as are necessaryto carry out its duties.
4. The Committee shall hold such hearings as arenecessary to carry out the provisions of NRS284.3629.
5. The Director or his designee shall act as the nonvotingrecording Secretary of the Committee.
(Added to NRS by
NRS
1. An employee aggrieved by any decision of anappointing authority made pursuant to NRS284.362 to 284.3629, inclusive, mayappeal from the decision by filing a written notice of appeal with theCommittee 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 20days after its receipt of the notice.
(b) Cause notice of the date and time of the hearing tobe given to the employee and the appointing authority by mail or by personalservice.
(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 theCommittee to give preference in scheduling the hearing. The request must setforth facts showing that the seriousness of the alleged catastrophe requires anexpedited appeal.
4. The employee may represent himself at the hearingor be represented by an attorney or other person of the employees ownchoosing.
5. The Committee shall:
(a) Render a decision in writing within 10 days afterthe hearing, setting forth the reasons therefor.
(b) Cause notice of the decision to be given to theemployee and the appointing authority by mail or by personal service.
6. The decision of the Committee is final and is notsubject to judicial review or the procedure for the adjustment of grievancespursuant to NRS 284.384.
7. A meeting or hearing held by the Committee to carryout the provisions of this section and the Committees deliberations on theinformation or evidence received are not subject to any provision of
(Added to NRS by
TRANSFERS
NRS
[40:351:1953] + [Part 52:351:1953](NRS A 1963, 1049;1983, 637; 2003, 1448)
NRS
1. Within 10 working days after the effective date ofhis transfer pursuant to the provisions of NRS284.375, a permanent classified employee who has been transferred withouthis consent may request in writing a hearing before the hearing officer of theDepartment to determine whether the transfer was made for the purpose ofharassing the employee. The request may be made by mail and shall be deemedtimely if it is postmarked within 10 working days after the effective date ofthe employees transfer. The hearing must be conducted in accordance with theprocedures set forth in NRS 284.390 to
2. If the hearing officer determines that the transferwas made for the purpose of harassing the employee, the transfer must be setaside and the employee must be returned to his former position. If the transfercaused the employee to be away from his original headquarters, the employee isentitled to be paid expense allowances as provided in
3. The decision of the hearing officer is binding onthe parties.
(Added to NRS by 1973, 588; A 1979, 1353; 1983, 247,637; 1989, 1587)
NRS
1. Except as otherwise provided in this section,employees of the Supreme Court, employees in the unclassified service of theExecutive Branch of the Government of the State of Nevada, or employees of theLegislative Branch of the Government of the State of Nevada who have served for4 consecutive months or more are entitled to transfer to a position havingsimilar duties and compensation in the classified service of the State on thesame basis as employees may transfer within the classified service from aposition under one appointing authority to a position under another appointingauthority. The benefit conferred by this subsection includes any exemption fromthe taking of a competitive examination, retention of credits for annual andsick leave and longevity, and priority on the lists of eligible persons to theextent that such privileges are accorded to employees transferring within theclassified service.
2. Except as otherwise provided in subsection 4, thebenefits conferred by subsection 1 do not apply to an employee in theunclassified service who is the chief officer of a department or division.
3. Except as otherwise provided in this subsection andsubsection 4, a person may not transfer pursuant to subsection 1 to a classcomposed of:
(a) Professionally qualified persons; or
(b) Officers and administrators who set broad policiesand exercise responsibility for the execution of those policies.
A person maytransfer to a class described in paragraph (a) or (b) if that class is providedfor pursuant to subsection 2 of NRS 284.155.
4. The restrictions provided in subsections 2 and 3 donot apply to an employee of the Supreme Court, an employee in the unclassifiedservice of the Executive Branch of Government or an employee of the LegislativeBranch of Government whose appointment to that position was immediatelypreceded by an appointment in the classified service, except that such anemployee may only transfer to a position in the classified service that hasduties and compensation that are similar either to his current position or to aposition he previously held in the classified service.
5. An employee in the classified service of the Statewho is granted leave without pay to accept a position in the Legislative Branchof Government during a regular or special session:
(a) Is entitled to be restored to his previous positionin the classified service upon the completion of the legislative sessionwithout loss of seniority or benefits. Seniority must be calculated as if hehad not taken the leave.
(b) Is eligible to fill vacancies in positions withinthe classified service to the extent that he would be eligible if he was not onleave from his position in the classified service.
6. An employee of the Legislative Branch of theGovernment of the State of Nevada who is employed at the conclusion of aregular session of the Legislature and is eligible at that time pursuant tosubsection 1 to transfer to a position having similar duties and compensationin the classified service of the State may transfer to such a position on orbefore November 1 following session notwithstanding the termination of hisemployment with the Legislative Branch of Government before that date. For thepurposes of this section, the weekly compensation of a person paid a dailysalary during a legislative session is seven times the daily salary.
(Added to NRS by 1979, 38; A 1989, 1648;
RETENTION IN AND SEPARATIONS FROM SERVICE
NRS
(Added to NRS by 1965, 675; A 1993, 471;
NRS
1. In accordance with regulations, an appointingauthority may lay off an employee in the classified service whenever he deemsit necessary by reason of shortage of work or money or of the abolition of aposition or of other material changes in duties or organization.
2. Among other factors, an appointing authority shallconsider, in the manner provided by regulation, the status, seniority andservice rating of employees in determining the order of layoffs.
3. Within a reasonable time before the effective dateof a proposed layoff, the appointing authority shall give written noticethereof to the Director. The Director shall make such orders relating theretoas he considers necessary to secure compliance with the regulations.
4. The name of every regular employee so laid off mustbe placed on an appropriate reemployment list.
[48:351:1953](NRS A 1963, 1049; 1983, 637)
NRS
(Added to NRS by 1981, 1039)
NRS
1. The Commission shall adopt by regulation a systemfor administering disciplinary measures against a state employee in which,except in cases of serious violations of law or regulations, less severemeasures are applied at first, after which more severe measures are appliedonly if less severe measures have failed to correct the employeesdeficiencies.
2. The system adopted pursuant to subsection 1 mustprovide that a state employee is entitled to receive a copy of any findings orrecommendations made by an appointing authority or his representative, if any,regarding proposed disciplinary action.
(Added to NRS by 1979, 1353; A 1995, 233)
NRS
1. The Commission shall adopt regulations whichprovide for the adjustment of grievances for which a hearing is not provided byNRS 284.165,
2. The regulations must provide procedures for:
(a) Consideration and adjustment of the grievancewithin the agency in which it arose.
(b) Submission to the Employee-Management Committee fora final decision if the employee is still dissatisfied with the resolution ofthe dispute.
3. The regulations must include provisions for:
(a) Submitting each proposed resolution of a disputewhich has a fiscal effect to the Budget Division of the Department ofAdministration for a determination by that Division whether the resolution isfeasible on the basis of its fiscal effects; and
(b) Making the resolution binding.
4. Any grievance which is subject to adjustmentpursuant to this section may be appealed to the Employee-Management Committeefor a final decision.
5. The employee may represent himself at any hearingregarding a grievance which is subject to adjustment pursuant to this sectionor be represented by an attorney or other person of the employees ownchoosing.
6. As used in this section, grievance means an act,omission or occurrence which an employee who has attained permanent statusfeels constitutes an injustice relating to any condition arising out of therelationship between an employer and an employee, including, but not limitedto, compensation, working hours, working conditions, membership in anorganization of employees or the interpretation of any law, regulation ordisagreement.
(Added to NRS by 1981, 538; A 1983, 362, 638; 1989,1244; 1993, 544; 2001,1440; 2003, 155,1449)
NRS
1. An appointing authority may:
(a) Dismiss or demote any permanent classified employeewhen he considers that the good of the public service will be served thereby.
(b) Except as otherwise provided in
2. A dismissal, involuntary demotion or suspensiondoes not become effective until the employee is notified in writing of thedismissal, involuntary demotion or suspension and the reasons therefor. Thenotice may be delivered personally to the employee or mailed to him at his lastknown address by registered or certified mail, return receipt requested. If thenotice is mailed, the effective date of the dismissal, involuntary demotion orsuspension shall be deemed to be the date of delivery or if the letter isreturned to the sender, 3 days after mailing.
3. No employee in the classified service may bedismissed for religious or racial reasons.
[49:351:1953](NRS A 1963, 1049; 1977, 991; 1993,2092)
NRS
1. Provided notice in writing of the allegationsagainst him before he is questioned regarding the allegations; and
2. Afforded the right to have a lawyer or otherrepresentative of his choosing present with him at any time that he isquestioned regarding those allegations. The employee must be given not lessthan 2 business days to obtain such representation, unless he waives his rightto be represented.
(Added to NRS by
NRS
1. Within 10 working days after the effective date ofhis dismissal, demotion or suspension pursuant to
2. The hearing officer shall grant the employee ahearing within 20 working days after receipt of the employees written requestunless the time limitation is waived, in writing, by the employee or there is aconflict with the hearing calendar of the hearing officer, in which case thehearing must be scheduled for the earliest possible date after the expirationof the 20 days.
3. The employee may represent himself at the hearingor be represented by an attorney or other person of the employees ownchoosing.
4. Technical rules of evidence do not apply at thehearing.
5. After the hearing and consideration of theevidence, the hearing officer shall render his decision in writing, settingforth the reasons therefor.
6. If the hearing officer determines that thedismissal, demotion or suspension was without just cause as provided in
7. The decision of the hearing officer is binding onthe parties.
8. Any petition for judicial review of the decision ofthe hearing officer must be filed in accordance with the provisions of
[50:351:1953](NRS A 1969, 897; 1973, 275, 589; 1977,62, 992; 1983, 247, 638; 1989, 1587, 1653; 1993, 544)
NRS
1. The hearing officer may, upon application of anyparty to a hearing held pursuant to NRS284.390 or 284.376, issue subpoenasrequiring 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 whichboth parties and their counsel may put questions to the other party and receiveanswers, or request and receive copies of relevant documents or examinerelevant documents and records and any other physical evidence which theopposing party intends to use at the hearing.
3. The hearing officer, or any agent or agencydesignated by the Commission for such purposes, may administer oaths andaffirmations and examine witnesses.
(Added to NRS by 1969, 1134; A 1973, 590; 1979, 1354;1983, 248)
NRS
(Added to NRS by 1969, 1134; A 1973, 590; 1979, 1354;1983, 249)
NRS
1. All witnesses appearing pursuant to subpoena, otherthan parties or officers or employees of the State or any political subdivisionthereof, are entitled to receive fees and mileage in the same amounts and underthe same circumstances as prescribed by law for witnesses in civil actions inthe district courts.
2. Witnesses entitled to fees or mileage who attendhearings at points so far removed from their residences as to prohibit returnthereto from day to day are entitled, in addition to fees and mileage, to theper diem compensation for subsistence and transportation authorized by
3. Fees for subsistence and transportation expensesmust be paid by the party at whose request the witness is subpoenaed. Thehearing officer may award as costs the amount of all such expenses to theprevailing party.
(Added to NRS by 1969, 1134; A 1973, 591; 1979, 1354;1983, 249)
NRS
[Part 60:351:1953](NRS A 1963, 1049; 1983, 639)
USE OF ALCOHOL OR DRUGS BY EMPLOYEES
NRS
1. Report for work in an impaired condition resultingfrom the use of alcohol or drugs;
2. Consume alcohol while on duty; or
3. Unlawfully possess or consume any drugs while onduty, at a work site or on state property.
(Added to NRS by 1991, 1348)
NRS
1. Employee means a person in the classified orunclassified service of the State.
2. Screening test means a test of a persons:
(a) Breath or blood to detect the general presence ofalcohol; or
(b) Urine to detect the general presence of acontrolled substance or any other drug,
which couldimpair that persons ability to perform the duties of employment safely andefficiently.
(Added to NRS by 1991, 1348; A 1993, 2252;
NRS
1. Except as otherwise provided in subsection 3, anemployee who:
(a) Consumes or is under the influence of alcohol whileon duty, unless the alcohol is an integral part of a commonly recognizedmedication which the employee consumes pursuant to the manufacturersinstructions or in accordance with a lawfully issued prescription;
(b) Possesses, consumes or is under the influence of acontrolled substance while on duty, at a work site or on state property, exceptin accordance with a lawfully issued prescription; or
(c) Consumes or is under the influence of any otherdrug which could interfere with the safe and efficient performance of hisduties, unless the drug is an integral part of a commonly recognized medicationwhich the employee consumes pursuant to the manufacturers instructions or inaccordance with a lawfully issued prescription,
is subjectto disciplinary action. An appointing authority may summarily discharge anemployee who, within a period of 5 years, commits a second act which wouldsubject him 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 screeningtest; and
(b) Has committed no other acts for which he is subjectto termination during the course of conduct giving rise to the screening test,
to anemployee assistance program. An employee who fails to accept such a referral orfails to complete such a program successfully is subject to further disciplinaryaction.
3. Subsection 1 does not apply to:
(a) An employee who consumes alcohol in the course ofhis employment while hosting or attending a special event.
(b) A peace officer who possesses a controlledsubstance or consumes alcohol within the scope of his duties.
(Added to NRS by 1991, 1348; A 1995, 1714)
NRS
1. Fails to notify his supervisor as soon as possibleafter consuming any drug which could interfere with the safe and efficientperformance of his duties;
2. Fails or refuses to submit to a screening test asrequested by a state agency pursuant to subsection 1 or 2 of
3. After taking a screening test which indicates thepresence of a controlled substance, fails to provide proof, within 72 hoursafter being requested by his appointing authority, that he had taken thecontrolled substance as directed pursuant to a current and lawful prescriptionissued in his name,
is subjectto disciplinary action.
(Added to NRS by 1991, 1349; A 1993, 2252)
NRS
1. If an employee informs his appointing authoritythat he has consumed any drug which could interfere with the safe and efficientperformance of his duties, the appointing authority may require the employee toobtain clearance from his physician before he continues to work.
2. If an appointing authority reasonably believes,based upon objective facts, that an employees ability to perform his dutiessafely and efficiently:
(a) May be impaired by the consumption of alcohol orother drugs, it may ask the employee whether he has consumed any alcohol orother drugs and, if so:
(1) The amount and types of alcohol or otherdrugs consumed and the time of consumption; and
(2) If a controlled substance was consumed, thename of the person who prescribed its use.
(b) Is impaired by the consumption of alcohol or otherdrugs, it shall prevent the employee from continuing work and transport him orcause him to be transported safely away from his place of employment inaccordance with regulations adopted by the Commission.
(Added to NRS by 1991, 1349; A
NRS
1. Except as otherwise provided in subsection 2, anappointing authority may request an employee to submit to a screening test onlyif the appointing authority:
(a) Reasonably believes, based upon objective facts,that the employee is under the influence of alcohol or drugs which areimpairing his ability to perform his duties safely and efficiently;
(b) Informs the employee of the specific factssupporting its belief pursuant to paragraph (a), and prepares a written recordof those facts; and
(c) Informs the employee in writing:
(1) Of whether the test will be for alcohol ordrugs, or both;
(2) That the results of the test are notadmissible in any criminal proceeding against him; and
(3) That he may refuse the test, but that his refusalmay result in his dismissal or in other disciplinary action being taken againsthim.
2. An appointing authority may request an employee tosubmit to a screening test if the employee:
(a) Is a law enforcement officer and, during theperformance of his duties, he discharges a firearm, other than by accident; or
(b) During the performance of his duties, drives amotor vehicle in such a manner as to cause bodily injury to himself or anotherperson or substantial damage to property.
For thepurposes of this subsection, the Commission shall, by regulation, define theterm substantial damage to property.
3. An appointing authority may place an employee whosubmits to a screening test on administrative leave with pay until theappointing authority receives the results of the test.
4. An appointing authority shall:
(a) Within a reasonable time after an employee submitsto a screening test to detect the general presence of a controlled substance orany other drug, allow the employee to obtain at his expense an independent testof his urine or blood from a laboratory of his choice which is certified by theUnited States Department of Health and Human Services.
(b) Within a reasonable time after an employee submitsto a screening test to detect the general presence of alcohol, allow theemployee to obtain at his expense an independent test of his blood from alaboratory of his choice.
(c) Provide the employee with the written results ofhis screening test within 3 working days after it receives those results.
5. An employee is not subject to disciplinary actionfor testing positive in a screening test or refusing to submit to a screeningtest if the appointing authority fails to comply with the provisions of thissection.
6. An appointing authority shall not use a screeningtest to harass an employee.
(Added to NRS by 1991, 1350; A 1993, 2253; 1997,1606; 2003, 1450)
NRS
1. Each appointing authority shall, subject to theapproval of the Commission, determine whether each of its positions ofemployment affects the public safety. The appointing authority shall not hirean applicant for such a position unless he submits to a screening test todetect the general presence of a controlled substance. Notice of the provisionsof this section must be given to each applicant for such a position at orbefore the time of application.
2. An appointing authority may consider the results ofa screening test in determining whether to employ an applicant. If thoseresults indicate the presence of a controlled substance, the appointingauthority shall not hire the applicant unless he provides, within 72 hoursafter being requested by the appointing authority, proof that he had taken thecontrolled substance as directed pursuant to a current and lawful prescriptionissued in his name.
3. An appointing authority shall, at the request of anapplicant, provide him with the results of his screening test.
(Added to NRS by 1991, 1350; A 1993, 2254;
NRS
1. A screening test:
(a) To detect the general presence of a controlledsubstance or any other drug, must be conducted by an independent laboratorythat is certified by the United States Department of Health and Human Services.
(b) To detect the general presence of alcohol or of acontrolled substance or any other drug, must be administered in such a manneras to protect the person tested from any unnecessary embarrassment.
2. Except as otherwise provided in subsection 3, asample of urine provided for use in a screening test must not be used for anytest or purpose without the prior written consent of the person providing thesample. The appointing authority shall ensure that the person retainspossession and control of his sample until it is appropriately tagged andsealed with tamper-proof tape.
3. If the results of a screening test indicate thepresence of any drug which could impair the ability of a person to perform theduties of employment safely and efficiently:
(a) The laboratory shall conduct another test of thesame sample of urine to ascertain the specific substances and concentration ofthose substances in the sample; and
(b) The appointing authority shall provide the persontested with an opportunity to have the same sample tested at his expense by alaboratory of his choice certified by the United States Department of Healthand Human Services.
(Added to NRS by 1991, 1351; A 1993, 2254; 1997,1607)
NRS
1. Are not admissible in a criminal proceeding againstthe person tested;
2. Must be securely maintained by the appointingauthority or his designated representative separately from other filesconcerning 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 diagnosisor treatment of the person tested, if he is physically unable to give hisconsent to the disclosure;
(c) As required pursuant to a properly issued subpoena;
(d) When relevant in a formal dispute between theappointing authority and the person tested; or
(e) As required for the administration of a plan ofbenefits for employees.
(Added to NRS by 1991, 1351)
NRS
(Added to NRS by 1991, 1351)
NRS
(Added to NRS by 1991, 1352; A
PROHIBITIONS AND OFFENSES
NRS
[69:351:1953]
NRS
[70:351:1953]
NRS
[71:351:1953](NRS A 1963, 1050; 1983, 639)
NRS
1. Any person who has been or remains a member of anysubversive organization, as defined by the Attorney General of the UnitedStates, composed of two or more members, which directly or indirectlyadvocates, advises, teaches or practices the duty, necessity or propriety ofcontrolling, conducting, seizing or overthrowing the Government of the UnitedStates, the government of this state, or the government of any political subdivisionthereof, by force or violence, shall be ineligible for appointment to oremployment in a position in the public service; and if he is an officer oremployee of the State, he shall forfeit his office or position.
2. This chapter shall not be construed to prohibit theexistence of an organization of state employees, or to prohibit any stateofficer or employee from becoming a member of such an organization.
[72:351:1953]
1. Any person who willfully violates any provision ofthis chapter or any provision of the rules and regulations prescribed hereundershall be guilty of a misdemeanor.
2. Any person who is convicted of a misdemeanor underthis chapter shall, for a period of 5 years, be ineligible for appointment toor employment in a position in the public service, and if he is an officer oremployee of the State, he shall forfeit his office or position.
[73:351:1953](NRS A 1967, 552)
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