Nev. Admin. Code § 284.6951 - Submission of complaint to Employee-Management Committee

1. If:

(a) An employee is not satisfied with the response of the department or agency to a request made pursuant to NAC 284.5243, including, without limitation, a reasonable alternative selected in accordance with subsection 2 of NRS 281.755;

(b) The department or agency fails to respond to a request made pursuant to NAC 284.5243; or

(c) The employee alleges that the employee was retaliated against in violation of subsection 3 of NRS 281.755, the employee may request consideration of a complaint by the Committee pursuant to its rules and this section.

2. The employee must submit the complaint, on a form provided by the Division of Human Resource Management, to the Committee within 10 working days following:

(a) Receipt of the response from the department or agency to the request made pursuant to NAC 284.5243;

(b) The passage of 8 working days after the request is deemed to have been received by the department or agency; or

(c) The date of the alleged retaliation.

3. The complaint submitted pursuant to subsection 2 must include the specific points of disagreement or contention and supporting evidence.

4. The Committee shall, within 28 working days after the receipt of a request for consideration of a complaint submitted by an employee pursuant to subsection 2:

(a) Answer the request without a hearing if the case is based upon the Committee's previous decisions or does not fall within its jurisdiction; or

(b) Hold a hearing to determine the proper disposition of the request. If a hearing is held, the Committee shall:

(1) Except as otherwise provided in subparagraph (2), provide at least 21 working days' written notice to all parties concerned.

(2) Provide notice to the employee by:

(I) Sending a written notification by certified mail, return receipt requested, at least 21 working days before the hearing; or

(II) Personally delivering a written notification to the employee at least 5 working days before the hearing, if the Chair of the Committee approves of such notice.

(3) Render a decision within 10 days after the closure of the hearing.

5. For the purpose of determining placement on the agenda for consideration by the Committee at a meeting, a complaint has priority over a grievance.

Notes

Nev. Admin. Code § 284.6951

Added to NAC by Personnel Comm'n by R033-17, eff. 10-31-2017

NRS 281.755, 284.065, 284.384