Current through December 12, 2024
1. Subject to the
provisions of subsection 2, the Division of Human Resource Management may
approve an adjustment of steps within the same grade to:
(a) Allow an appointing authority the
flexibility to adjust the rate of pay for a position that will be filled by a
person from a pool of eligible persons who are applying for the position on an
open competitive basis in order to:
(1) Meet a
difficult recruiting problem in which an effort to recruit a person for a
position or class has failed to produce at least five eligible persons who are
available to work, or the recruitment for the position or class has been deemed
historically difficult. Such an adjustment of steps may be approved by the
Division of Human Resource Management for a class for a period of 1
year.
(2) Employ a person whose
education or experience is superior to those of another eligible person and who
exceeds the minimum qualifications of the class. Any experience or education
which is considered by the appointing authority pursuant to this subparagraph
must be given a greater weight for those areas which are directly related to
the position than general education and experience.
(b) Maintain an equitable relationship in the
status of steps among the employees of the appointing authority if a disparity
exists. An adjustment will not be granted pursuant to this section if the
disparity in steps is:
(1) Among employees of
different departments or agencies; or
(2) A result of:
(I) The length of service of
employees;
(II) An adjustment in
pay which was attained in a former class; or
(III) An adjustment in pay for an employee
who resides in a particular geographical area.
2. Before the Division of Human
Resource Management may approve an adjustment of steps pursuant to subsection
1, the appointing authority must submit a request on a form prescribed by the
Division of Human Resource Management to the Division of Human Resource
Management which:
(a) Specifies the qualifying
conditions and justification for the request; and
(b) Certifies that the appointing authority
has, where applicable:
(1) Considered the
requirements for the pay required to meet the need described in subparagraph
(1) of paragraph (a) of subsection 1;
(2) Considered the qualifications of any
other eligible person who is available for work for the purposes of
subparagraph (2) of paragraph (a) of subsection 1;
(3) Ensured that the adjustment is feasible
on the basis of its fiscal effects; and
(4) Prepared and maintained an accurate
record of the consideration of the factors listed in this section.
3. If an adjustment of
steps is approved by the Division of Human Resource Management pursuant to
subsection 1, the effective date of such an adjustment is the date on which a
request that complies with subsection 2 is received by the Division of Human
Resource Management or the human resources office of the department or agency
at which the employee who is receiving the adjustment is employed. If a request
for an adjustment of steps is delayed because an administrative or clerical
error prevented the delivery of the request, the effective date must be
determined by the appointing authority and must be based on the date on which
the request should reasonably have been submitted. A retroactive adjustment
must not exceed 6 months from the date on which the Division of Human Resource
Management receives the request.
4.
An adjustment of steps which is made pursuant to subparagraph (1) of paragraph
(a) of subsection 1 may be revoked when:
(a)
The recruiting problem which caused the adjustment was due to the geographical
location of the position; and
(b)
The employee moves from one position to another position in either a different
area within the department or agency in which the employee is currently
employed or a different department or agency than the department or agency in
which the employee is currently employed, and a similar recruiting problem does
not exist in the new area, department or agency.
5. If an adjustment of steps is revoked
pursuant to subsection 4, the employee must be placed at the step he or she
would have received if he or she had not received the adjustment.
Added to NAC by Dep't of Personnel, eff. 8-14-90; A 7-1-94;
R197-99, 1-26-2000; R147-01, 1-22-2002; R015-02, 5-2-2002; A by Personnel
Comm'n by R134-12, 10-4-2013; R060-16, 6-28-2016
; A by
R164-18A,
eff. 1/30/2019; A by
R171-24A,
eff. 10/23/2024
NRS 284.065
