Nev. Admin. Code § 284.693

Current through December 12, 2024

Section 284.693 - Removal of ineligible request for adjustment of grievance or complaint from procedure; notice; appeal

1. The Division of Human Resource Management must take the actions described in subsection 2 if the Division determines that a request for the adjustment of:

(a) A grievance is not eligible for the procedure set forth in NAC 284.658 to 284.6957, inclusive, because:

(1) The person who submitted the request is not a person described in subsection 2 of NAC 284.658, including, without limitation, because the act, omission or occurrence only involves a coworker;

(2) The person who submitted the request was rejected during his or her trial period pursuant to NAC 284.458; or

(3) A hearing is provided for the grievance pursuant to federal law or NRS 284.165, 284.245, 284.3629, 284.376 or 284.390.

(b) A complaint is not eligible for the procedure set forth in NAC 284.658 to 284.6957, inclusive, because the person who submitted the request is not a person described in paragraph (a) of subsection 4 of NRS 281.755.

2. Upon making a determination pursuant to subsection 1 that a request for the adjustment of a grievance or complaint is not eligible for the procedure set forth in NAC 284.658 to 284.6957, inclusive, the Division must, as soon as practicable:

(a) Remove the request from the procedure for the adjustment of grievances or complaints set forth in NAC 284.658 to 284.6957, inclusive; and

(b) Provide to the person who submitted the request and the agency in which the grievance or complaint arose:

(1) Notice that the Division has determined that the request is not eligible for the procedure for the adjustment of grievances or complaints set forth in NAC 284.658 to 284.6957, inclusive, and an explanation for that determination;

(2) Notice that the Division has removed the request from the procedure for the adjustment of grievances or complaints set forth in NAC 284.658 to 284.6957, inclusive;

(3) If applicable, information relating to the appropriate procedure for resolving the person's concern; and

(4) Information relating to the person's right to appeal the determination to the Committee.

3. If the Division of Human Resource Management determines that a request for the adjustment of a grievance or complaint is not eligible for the procedure for the adjustment of grievances or complaints set forth in NAC 284.658 to 284.6957, inclusive, the person who submitted the request may appeal the determination to the Committee.

Nev. Admin. Code § 284.693

Added to NAC by Personnel Comm'n by R076-15, eff. 4-4-2016; A by R033-17, 10-31-2017

; A by R057-18A, eff. 6/12/2019

NRS 284.065, 284.155, 284.340, 284.384