Nev. Admin. Code § 284.126 - Creation of new class, reclassification of position or reallocation of existing class
1. For the purposes
of this section:
(a) "Agency human resources
officer" means the Director of Personnel within the Nevada System of Higher
Education or any person holding a position in the classified service with the
title of Human Resources Officer.
(b) "Significant change" means a change in
the duties and responsibilities assigned to a position in a class that:
(1) Is outside of the scope of the class as
described by the class specification;
(2) Is not part of the scope of
responsibility of the position; and
(3) Results in the preponderance of duties
and responsibilities being allocated to a different class.
2. If an appointing authority or
an employee proposes the creation of a new class, a reclassification of a
position to a different class or the reallocation of an existing class based
upon a gradual accumulation of duties and responsibilities which results in a
significant change and is intended to be permanent, the Division of Human
Resource Management or agency human resources officer must be notified on the
appropriate form. If the creation, reclassification or reallocation is
approved, the Division of Human Resource Management will allocate the position
to one of the existing classes in the classification plan or to a new, revised
or reallocated class as appropriate.
3. The effective date of the classification
decision will be the date on which Form NPD-19 is received by the Division of
Human Resource Management or agency human resources officer unless information
that substantially affects the decision concerning the creation,
reclassification or reallocation is received after this date. In that case, the
effective date will be the date on which the appropriate information necessary
to make the decision is received. However, the subsequent receipt of an
application or examination score that confirms the qualifications of an
incumbent will not have a bearing on the effective date. If the form was
prepared but delayed due to an administrative or clerical error, the effective
date must be determined by the appointing authority and must be based upon the
date on which the form should reasonably have been submitted to the Division of
Human Resource Management or agency human resources officer. In no case,
however, may a retroactive adjustment because of an administrative or clerical
error exceed 6 months after the date of receipt.
4. If an agency makes or anticipates making a
significant change in the duties for a position or the agency anticipates a
reorganization which will require the reclassification of an existing position,
the reallocation of an existing class or the creation of a new class, it shall
advise the Budget Division of the Office of Finance or, in the case of the
Nevada System of Higher Education, the budget division of the applicable
institution. The proposed change may not be required of an employee nor be
submitted to the Division of Human Resource Management until funding for it is
approved. If the change is approved by the Division of Human Resource
Management, the effective date will be determined by the Budget
Division.
5. In effecting a
reclassification pursuant to subsection 2 or 4, the appointing authority must
review and take into consideration the organizational structure and the
qualifications of the incumbent before assigning new duties to a position which
are intended to be permanent. No position will be reclassified to a higher
grade through the individual classification process if the incumbent does not
meet the minimum qualifications for the higher level position or is unable to
meet such qualifications as an underfill within 1 year after the effective date
of the reclassification decision. If an employee does not meet the minimum
qualifications to reclassify his or her position or is unable to meet such
qualifications as an underfill within 1 year after the effective date of the
reclassification decision, the employee is not eligible for promotion, but may
be eligible for a special adjustment to his or her pay pursuant to NAC
284.206.
6. The establishment of a new class or
reallocation of a class in an occupational study which results in a fiscal cost
becomes effective when the funding is provided by the Legislature in the
biennial operating budget for this State.
7. From the date on which the Division of
Human Resource Management formally announces the beginning of an occupational
study until the date on which the occupational study becomes effective:
(a) An existing position in the occupational
study that has a significant change may only be reclassified to an existing
class.
(b) An existing class in the
occupational study must not be reallocated to a different grade.
(c) A new position may be allocated to an
existing class or a new class as determined by the Division of Human Resource
Management.
8. A position
may be reclassified absent significant change in the duties and
responsibilities assigned to the position upon a determination by the Division
of Human Resource Management that:
(a) The
position is incorrectly classified; or
(b) The duties and responsibilities assigned
to the position are more consistent with the duties and responsibilities
assigned to a position in a different class.
Notes
NRS 284.065, as amended by section 72 of Senate Bill No. 431, chapter 532, Statutes of Nevada 2023, at page 3562, 284.155
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