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If an employee does not meet the minimum qualifications to reclassify his or her position, 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. 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. 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.

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.

The term does not include a location that constitutes an employees usual and customary living quarters, except when the living quarters are also used to care for children pursuant to a state program or as otherwise authorized by the State. 12-7-2006) Promotion means an advancement to a position in a class which has a higher grade than the class previously held. 10-26-84; A by Personnel Commn by R183-03, 1-27-2004; R102-15, , eff. 24, 4-14-76] — (NAC A by Dept of Personnel, 10-26-84; A by Personnel Commn by R097-16, 11-2-2016) Reemployment means a noncompetitive appointment of a current or former employee to a class for which he or she has reemployment rights, as provided in this chapter, because of military service, layoff, a permanent disability arising from a work-related injury or occupational disease, seasonal separation, reallocation or reclassification of his or her position to a lower grade. 10-26-84; A 3-1-96; A by Personnel Commn by R142-05, ) Reinstatement means a noncompetitive appointment of a former permanent employee to a class he or she formerly held or to a comparable class. 10-26-84; A 8-1-91) who reviews the report on performance upon the request of the employee pursuant to paragraph (b) of subsection 9 of NAC 284.470. ; A by R144-05, ; R056-10, ; R041-15, ) Sexual conduct means: 1. Physical contact by a person with the genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person; 5. 12-7-2006) Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other speech or physical conduct of a sexual nature when: 1. 27, 4-14-76] — (NAC A by Dept of Personnel, 10-26-84; R197-99, 1-26-2000; R147-01, 1-22-2002) Transfer means: 1. 28, 4-14-76] — (NAC A by Dept of Personnel, 10-26-84; 11-16-95) Trial period means the 6-month or 1-year probationary period served by a permanent employee who has been promoted to a vacant position. 10-26-84; A 8-1-91; 12-26-91) Underfill means the filling of a position with an employee holding a position in a lower classification, except for those situations where employees are in classifications which are training or intermediate levels preparatory to promotion to the journey level class. (Added to NAC by Dept of Personnel by R031-98, eff. For the purposes of this section: (a) Agency personnel 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 Personnel Officer.

His or her appointment does not require a new probationary period and he or she does not hold another type of status of appointment for the class. The term includes parking lots, garages or vehicle depots that are owned or leased by the State. Fellatio, cunnilingus or other oral-genital contact; 4. 4-14-76] — (NAC A by Personnel Commn by R183-03, 1-27-2004) Working day, for the purpose of a grievance, a complaint described in NAC 284.658 or an appeal, means Monday to Friday, inclusive, excluding holidays. 10-26-84; A by Personnel Commn by R033-17, ) Work-related injury or occupational disease means any injury or illness suffered by an employee that arises out of and in the course of his or her employment in the classified service and for which an employee has filed a claim pursuant to chapter 616A, 616B, 616C, 616D or 617 of NRS. ) As used in NRS 284.350 and 284.355, the Administrator will interpret working day to mean a period of work consisting of 8 hours.

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Each appointment which is designated as temporary must have specific criteria established which justify the grade of the position and the projected date of expiration of the period.

In no case, however, may a retroactive adjustment because of an administrative or clerical error exceed 6 months after the date of receipt. 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.

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 personnel officer.

(Added to NAC by Dept of Personnel by R031-98, eff. Moving it to another class at the same grade on the basis of significant changes in kind, difficulty or responsibility of the work performed. Submission to or the rejection of such speech or conduct by a person is used as the basis for employment decisions affecting that person; or 3. 10-26-84) Step means the number assigned by the Division of Human Resource Management to identify a specific rate of pay within a grade. A competitive appointment in which an employee moves from one position to a position in a different class with the same grade. The Division of Human Resource Management is responsible for establishing, coordinating and evaluating an affirmative action program for this State. The Division of Human Resource Management will cooperate and consult with agencies to: (a) Identify barriers in the personnel management system which may adversely affect the ability of applicants and employees to reach their full employment potential without regard to race, sex, sexual orientation, gender identity or expression, religion, color, national origin, age, genetic information, disability or whether or not the person is a domestic partner. 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. 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 personnel officer unless information that substantially affects the decision concerning the creation, reclassification or reallocation is received after this date.

1-1-2016) Rating of performance means the overall rating of an employees performance efficiency, character and conduct which is included in the report on performance of an employee. Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person; or 6. Submission to such speech or conduct is made either explicitly or implicitly a term or condition of a persons employment; 2. A noncompetitive appointment in which an employee moves from one position to another position in the same class or a related class with the same grade; or 2. 4-17-98; A by Personnel Commn by R065-98, 7-24-98) 1. (d) The Technical Assistance Manual for the Americans with Disabilities Act. A copy of the materials adopted by reference pursuant to this section may be obtained at no charge from the United States Equal Employment Opportunity Commission at the Internet address 7-6-92; A 10-27-97; R082-00, 8-2-2000; A by Personnel Commn by R059-09, ; R097-16, 11-2-2016) If any of the provisions of this chapter are held, for any reason, to be invalid, it is intended that the validity of the remaining provisions not be affected thereby. (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. 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 personnel officer must be notified on the appropriate form.

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9-27-99) Permanent employee means an employee who has successfully completed the probationary period for any class he or she has held during continuous classified service. Is reemployed after having been laid off and is serving a new probationary period as required by subsection 8 of NAC 284.630; or 2.

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