State of Nevada -

CLASSIFICATION

NRS 284.160 states, “Classification plan for classified service; changes in plan; procedure for making certain changes without approval of Commission.

1. The Director shall prepare, maintain and revise as necessary a classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.

2. The duty of the Director to classify extends to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.

3. The Director may, after consultation with the head of a department or agency, make changes in the classification of positions whenever he deems it necessary for the efficiency of the public service.

4. The classification plan and changes therein are subject to approval by the Commission, except that the Director may make a change in the classification plan without the prior approval of the Commission if:

(a) The Director deems it necessary for the efficiency of the public service;

(b) The change is not proposed in conjunction with an occupational study; and

(1) Provides written notice of the proposal to each member of the Commission, to all departments and to any head of an employees’ organization who requests notice of such proposals; and

(2) Posts a written notice of the proposal in each of the principal offices of the Department of Personnel.

Any occupational study conducted by the Department in connection with the preparation, maintenance or revision of the classification plan must be approved by the Commission.

5. If no written objection to the proposed change to the classification plan is received by the Director before the date it is scheduled to be acted upon, the Director may effect the change. The Director shall report to the Commission any change in the classification plan made without its approval at the Commission’s next succeeding regular meeting.

6. If a written objection is received before the date the proposed change is scheduled to be acted upon, the Director shall place the matter on the agenda of the Commission for consideration at its next succeeding regular meeting.”

NRS 284.165 states in part, “Allocation of positions;...

1. As soon as practicable and after consultation with appointing authorities and principal supervisory officials, the Director shall allocate the position of every employee in the classified service to one of the positions in the position classification plan.”

NRS 284.170 states, “Establishment of titles and grades for each class of employment; description of duties; specification of minimum qualifications.

1. Titles and grades shall be established for each class of employment for use in examining and certifying the names of persons for appointment under this chapter; and a description of the duties and responsibilities exercised by the persons appointed to each of them shall be drawn up; and minimum qualifications shall be specified for satisfactory performance of the duties of each grade and class.

2. The titles and grades in the several classifications as defined by the specifications of duties and qualifications shall be used for original appointments, promotions, payrolls and all other records affecting the status of personnel.”

NRS 284.171 states, “Index of broad occupational groups. For the purposes of NRS 353.205 and 353.224, the Director shall prepare and maintain an index which categorizes all positions in the classified service of the state into the following broad occupational groups:

1. Occupations in the fields of agriculture and conservation.

2. Clerical and related occupations.

3. Occupations relating to custodial and domestic services.

4. Occupations relating to library services.

5. Occupations in the field of education.

6. Engineering and allied occupations.

7. Occupations in fiscal management and related staff services.

8. Occupations relating to legal services.

9. Occupations in the mechanical and construction trades.

10. Occupations in the fields of medicine and health and related services.

11. Occupations in regulatory fields and in public safety.

12. Occupations in social services and rehabilitation.

13. Other occupations.”

NRS 284.172 states, “List of positions in classified service primarily performing data processing; approval of new position or reclassification to position on list.

1. The Director shall prepare, maintain and revise as necessary a list of all positions in the classified service that consist primarily of performing data processing.

2. The request of an appointing authority that is required to use the equipment or services of the Department of Information Technology for a new position or the reclassification of an existing position to a position included on the list required by subsection 1 must be submitted to the Director of the Department of Information Technology for approval before submission to the Department of Personnel.”

NRS 353.224 states in part, “Approval of Legislature or Interim Finance Committee required for certain changes of positions.

1. A state agency other than the University and Community College System of Nevada and vocational licensing boards may not change a position for which money has been appropriated or authorized from one occupational group to another, as defined by the index developed pursuant to NRS 284.171, without the approval of the Legislature or of the Interim Finance Committee.”

NAC 284.126 Creation of new class, reclassification of position or reallocation of existing class. (NRS 284.065, 284.155)

1. For the purposes of this section:

(a) “Agency personnel officer” means the Director of Personnel within the University and Community College System of Nevada or any person holding a position in the classified service with the title of Personnel 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 sp 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 Department of Personnel or agency personnel officer must be notified on the appropriate form. If the creation, reclassification or reallocation is approved, the Department of Personnel 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 Department of Personnel or agency personnel 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 Department of Personnel or agency personnel 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 Department of Administration or, in the case of the University and Community College System of Nevada, the budget division of the applicable institution. The proposed change may not be required of an employee nor be submitted to the Department of Personnel until funding for it is approved. If the change is approved by the Department of Personnel, 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. If an employee does not meet the minimum qualifications to reclassify his position, he is not eligible for promotion, but may be eligible for a special adjustment to his 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 that the Department of Personnel 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.

[Personnel Div., Rule II § D subsec. 1, eff. 8‑11‑73]—(NAC A by Dep’t of Personnel, 10‑26‑84; 7‑21‑89; 8‑14‑90; 12‑26‑91; 11‑16‑95; 10‑27‑97; R098‑99, 9‑27‑99; R147-01, 1-22-2002; A by Personnel Comm’n by R069-02, 8-14-2002; R038-03, 10-30-2003)

NAC 284.130 Investigations of classifications. (NRS 284.065, 284.155)

The Department of Personnel may investigate the classification of any existing position on the written request of an appointing authority or an employee or on its own initiative.

[Personnel Div., Rule II § E, eff. 8‑11‑73]—(NAC A by Dep’t of Personnel, 10‑26‑84)

NAC 284.132 Temporary classifications. (NRS 284.065, 284.155, 284.175)

1. An appointing authority, an employee or the Department of Personnel may request a temporary classification which allows the classification of a position for a temporary period of 1 year or less. 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. A position which no longer meets this criteria will revert back to the class from which it was reclassified. This method of classification is subject to the following conditions:

(a) Temporary classifications must meet the allocation standards and the criteria established for the class before this method may be used. The classification must be approved by the Department of Personnel before the appointment.

(b) An employee who is appointed to a temporary class must sign the payroll document. This signature acknowledges that the employee understands the conditions of the reclassification and its projected date of expiration.

2. If the employee meets the minimum qualifications for the temporary classification, he:

(a) Retains his status of appointment; and

(b) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.

An incumbent who has reverted to his previous class is entitled to the step, pay progression date and status of appointment he would have attained if he had not been appointed to the temporary class.

3. The pay progression date of an employee who is promoted pursuant to this section will be determined in accordance with the provisions of NAC 284.182. The rate of pay for the employee will be determined in accordance with the provisions of NAC 284.170 governing an employee’s pay on promotion.

4. In case of a layoff, the temporarily assigned employee’s class of layoff is his former class. The time served in the temporary class is counted for seniority purposes if it was in the same occupational group, as provided in NRS 284.171.

(Added to NAC by Dep’t of Personnel, eff. 10‑26‑84; A 10‑27‑97; R043‑99 & R098‑99, 9‑27‑99; R146‑01, 1‑18‑2002; R147‑01, 1‑22‑2002)

NAC 284.134 Individual reclassification of position to higher level: Status of incumbent. (NRS 284.065, 284.155, 284.175)

1. An incumbent who meets the minimum qualifications for an individual reclassification as provided in NAC 284.126 may be reclassified to a higher level. If the incumbent’s position is reclassified as a result of an individual classification study, the incumbent will continue to serve in the position and he:

(a) Must be promoted;

(b) Retains his status of appointment; and

(c) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.

2. The pay progression date of an employee who is reclassified pursuant to this section will be determined in accordance with the provisions of NAC 284.182. The rate of pay will be determined in accordance with the provisions of NAC 284.170 governing an employee’s pay on promotion.

[Personnel Div., Rule II § F subsecs. 1 & 2, eff. 8‑11‑73]—(NAC A by Dep’t of Personnel, 10‑26‑84; 10‑27‑97; R043‑99, 9‑27‑99; R147‑01, 1‑22‑2002)

NAC 284.138 Reclassification or reallocation of class or position to higher grade as result of occupational study: Status of incumbent. (NRS 284.065, 284.155, 284.175)

1. Except as otherwise provided in subsections 3 and 4, if a class or a position within a class is reclassified or reallocated to a higher grade as a result of an occupational study, the incumbent will continue to serve in the position and he:

(a) Must be promoted;

(b) Retains his status of appointment;

(d) Must complete the remaining portion of the probationary period currently being served, if any, based on the requirements of the new class.

2. The rate of pay for employees who are promoted will be determined in accordance with the provisions of NAC 284.170 governing an employee’s pay on promotion.

3. The provisions of subsection 1 do not apply to an incumbent who is filling a position in a class which is at a lower grade than the authorized level of the position unless the class held by the incumbent is reclassified or reallocated to a higher grade.

4. If a position is reclassified to a higher grade in a different occupational group, the employee must meet the minimum qualifications of the higher level position before he is promoted. If the employee does not meet the minimum qualifications, he must not be promoted, the position will be temporarily reclassified pursuant to NAC 284.132 and the employee may be eligible for a special adjustment to his pay as provided in NAC 284.206. If the employee does not meet the minimum qualifications within 1 year after the effective date of the reclassification, the duties must be reassigned and the position must be reclassified accordingly.

[Personnel Div., Rule II § F subsec. 4, eff. 8‑11‑73; A 10‑6‑78]—(NAC A by Dep’t of Personnel, 10‑26‑84; 8‑1‑91; 12‑26‑91; 9‑16‑92; 10‑27‑97; R043‑99, 9‑27‑99; R147‑01, 1‑22‑2002)

NAC 284.140 Reclassification of class or position to lower grade: Status of incumbent. (NRS 284.065, 284.155, 284.175)

1. If a class or position is reclassified to a lower grade, the incumbent’s title and grade must be changed to the new class. He will retain his status of appointment and pay progression date. The rate of pay will be determined by the provisions of NAC 284.290 governing an employee’s pay on retained rates or, if the employee does not meet these requirements, by the provisions of NAC 284.170 governing an employee’s pay on demotion.

2. The employee is eligible for reappointment to the same or a similar class from which he was reclassified.

3. The employee is entitled to reemployment rights to his former class and option in his department for 1 year after the date of notification of the reclassification to the lower grade if the employee and the agency provide the necessary information regarding the employee’s seniority on the prescribed form.

4. If the employee is receiving a retained rate of pay and he declines the first opening which is offered to him for his previous class in his department and location, he forfeits his reemployment rights to the former class and must be immediately reclassified to the lower grade and the provisions of this chapter governing the pay of an employee on demotion apply.

(Added to NAC by Dep’t of Personnel, eff. 10‑26‑84; A by R043‑99, 9‑27‑99; R147‑01, 1‑22‑2002)

NAC 284.150 Class specifications. (NRS 284.065, 284.155, 284.384)

1. Class specifications will define a class based on a sound, systematic occupational analysis and evaluation of the position and will contain elements sufficient to distinguish the various classes from one another. The use of a particular expression or illustration as to duties must not be interpreted to exclude others not mentioned but that are of similar kind and relevant to the class.

2. Any option within a class which is included in the class specification will be considered a separate class.

3. In determining the class to which any position will be allocated, the specification will be considered as a whole and in relation to others in the classification plan. The duties, responsibilities, qualifications, knowledge, and abilities required for a class will be considered in relation to those for other classes in determining the kinds of positions which a class may include.

4. The qualifications which are required for a particular class are the standards for the evaluation of applications for positions in that class. The Department of Personnel may, after consulting with appointing authorities, interpret these qualifications so that qualifications which are equivalent to those which are specified for the class may be accepted. The interpretation of qualifications which are considered equivalent must not circumvent the principles of selection on the basis of merit.

5. Qualifications which are required to perform the essential functions of a position, such as possession of a valid driver’s license, may be required by the appointing authority if:

(a) So indicated for the position at the time of public notice or appointment; or

(b) Written notice of the required qualifications is given to the employee.

Any disagreement concerning the validity of the required qualifications may be submitted for adjustment pursuant to the procedure for the adjustment of grievances set forth in NAC 284.658 to 284.697, inclusive.

[Personnel Div., Rule II § H, eff. 8‑11‑73]—(NAC A by Dep’t of Personnel, 10‑26‑84; 8‑1‑91; 7‑6‑92; 7‑1‑94)

NRS 284.165 states in part, “Allocation of positions;...

2. Any employee affected by the allocation of a position to a grade or class or by a change in classification, after filing with the Director a written request for reconsideration thereof, must be given a reasonable opportunity to be heard thereon by the Director.

3. Any employee who is aggrieved by the Director’s decision concerning an allocation or change in classification is entitled to have the decision reviewed by the Commission if the employee submits a written request to the Commission for such a review not later than 30 days after the Director’s decision.”

NAC 284.152 Appeal of allocation of position or change in classification. (NRS 284.065, 284.155, 284.384)

1. An employee affected by the allocation of a position to a grade or class or by a change in classification as a result of a study regarding classifications, or the agency where such actions have occurred, may, within 20 working days after the date of receipt of written notice of the action, file a written appeal of the action with the Director. The appeal must:

(a) Address the points outlined in the Department of Personnel’s recommendation regarding the proper classification for the position in question; and

(b) Indicate the points with which the appellant disagrees and express the reasons why he disagrees.

2. The Director will issue a decision on the appeal within 20 working days after he receives the appeal unless:

(a) He is prohibited from doing so because of the number of appeals resulting from a study regarding classifications;

(b) There is an agreement with the appellant to extend the limitation of time for the issuance of the decision; or

3. The Director may delegate the duty to decide the appeal to a designated representative if the Director is unavailable or reasonably believes he has a conflict of interest. If the Director makes such a delegation, the designated representative shall issue a decision on the appeal within 20 working days after the Director received the appeal.

4. The appellant or the agency affected by the decision may appeal it to the Commission within 30 days after receipt of written notice of the decision from the Director.

(Added to NAC by Dep’t of Personnel, eff. 9‑17‑87; A 3‑1‑96; R031‑98, 4‑17‑98)