Nev. Admin. Code § 284.374 - Active lists: Removal and reactivation of names; no requirement or refusal to consider certain persons

1. The names of eligible persons may be removed from the active lists for any of the following causes:

(a) Appointment after certification to fill a full-time permanent position in the class for which the examination was given;

(b) Expiration of the term of eligibility;

(c) Separation of a person who is eligible for promotion from the state service;

(d) Failure by an eligible person to respond within the required time to an inquiry of availability;

(e) A statement by the eligible person that he or she is not willing to accept any type of appointment from the eligible list;

(f) Any of the causes listed in NRS 284.240 pursuant to which the Administrator may refuse to examine an applicant or, after examination, may refuse to certify an eligible person ; or

(g) If the eligible person is an employee who has been laid off and placed on the statewide reemployment list, reemployment pursuant to subsection 7 of NAC 284.630.

2. An appointing authority need not consider an eligible person more than one time from a recruitment. Consideration of an applicant for other than full-time permanent positions must not be counted for the purposes of this subsection.

3. An appointing authority need not consider an otherwise eligible person who cannot perform the essential functions of the position with or without reasonable accommodation.

4. An appointing authority may refuse to consider an eligible person who has been subject to a suspension, demotion or termination as a result of an upheld or uncontested disciplinary action in the preceding 12 months. The 12-month period begins on the effective date of the uncontested action or, if it is contested, on the date the hearing officer or any reviewing court issues a final decision upholding a suspension, demotion or termination. If an employee is removed from consideration pursuant to this subsection, the appointing authority must notify the employee of that fact in writing before interviewing the next candidate or making its selection. The employee has 3 working days after being notified that he or she has been removed from consideration pursuant to this subsection to notify the appointing authority of any discrepancy in the information in his or her record of employment which led to the removal of the employee from consideration. The appointing authority may not make its selection:

(a) If the employee does not notify the appointing authority of a discrepancy, until after the end of the period pursuant to which the employee may notify the appointing authority of a discrepancy; or

(b) If the employee notifies the appointing authority of a discrepancy, until after the appointing authority determines whether the removal of the employee from consideration pursuant to this subsection was appropriate.

5. An appointing authority shall refuse to consider an eligible person whose appointment to a position will violate NRS 281.210, NAC 284.375 or a policy approved by the Commission pursuant to NAC 284.375.

6. An eligible person whose name has been removed from an active list may request that his or her name be reactivated by stating his or her reasons for the request. If the Division of Human Resource Management determines that the reasons are justified, and the person's term of eligibility for the person has not otherwise expired, his or her name may be reactivated.

Notes

Nev. Admin. Code § 284.374

[Personnel Div., Rule V § E, eff. 8-11-73] - (NAC A by Dep't of Personnel, 10-26-84; 7-21-89; 12-26-91; 7-1-94; 8-16-96, eff. 10-1-96; A by Personnel Comm'n by R069-02, 8-14-2002; R182-03, 1-27-2004; R143-05 & R144-05, 12-29-2005; R023-13, 10-23-2013; R036-17, 12-19-2017)

; A by R164-18A, eff. 1/30/2019

NRS 284.065, 284.155, 284.250 and 284.295