1. An appointing authority may dismiss an
employee for any cause set forth in NAC
284.650 if:
(a) The agency with which the employee is
employed has adopted any rules or policies which authorize the dismissal of an
employee for such a cause; or
(b)
The seriousness of the offense or condition warrants such dismissal.
2. An appointing authority may
immediately dismiss an employee pursuant to the standards and procedures set
forth in NAC
284.6563 for the following
causes, unless the conduct is authorized pursuant to a rule or policy adopted
by the agency with which the employee is employed:
(a) Intentionally viewing or distributing
pornographic material at the premises of the workplace, including, without
limitation, intentionally viewing or distributing pornographic material on any
computer owned by the State, unless such viewing or distributing is a
requirement of the employee's position;
(b) Unauthorized release or use of
confidential information ;
(c)
Participation in sexual conduct on the premises of the workplace, including,
without limitation, participation in sexual conduct in a vehicle that is owned
by the State;
(d) Absence without
approved leave for 3 consecutive days during which the employee is scheduled to
work;
(e) The suspension,
revocation or cancellation of a professional or occupational license,
certificate or permit or driver's license if the possession of the professional
or occupational license, certificate or permit or driver's license is a
requirement of the position at the time of appointment as stated in the
standards of work performance, essential functions or class specifications for
the position, or in other documentation provided to the employee at the time of
appointment, or required thereafter pursuant to federal or state law;
(f) Threatening another person with a deadly
weapon during any time in which the employee is:
(1) On the premises of the workplace;
or
(2) Conducting state business or
otherwise performing any duties of employment;
(g) Stealing or misappropriating any property
that is owned by the State or located on state property;
(h) Failure to report the suspension,
revocation or cancellation of a professional or occupational license,
certificate or permit or driver's license pursuant to section 2 if the
possession of the professional or occupational license, certificate or permit
or driver's license is a requirement of the position at the time of appointment
as stated in the standards of work performance, essential functions or class
specifications for the position, or in other documentation provided to the
employee at the time of appointment, or required thereafter pursuant to federal
or state law; or
(i) Failure to
report being arrested for, charged with or convicted of any offense pursuant to
section 3 of this regulation if the arrest, charge or conviction results in the
employee being temporarily or permanently unable to perform the duties of his
or her position.
3. The
rights and procedures set forth in NAC
284.655 to
284.6563, inclusive, apply to any
dismissal made pursuant to this section.
4. As used in this section:
(a) "Material" has the meaning ascribed to it
in NRS
201.2581.
(b) "Nudity" has the meaning ascribed to it
in NRS
201.261.
(c) "Pornographic material" means material
that, all or in part, contains any description or representation of nudity,
sexual conduct, sexual excitement or sado-masochistic abuse which predominantly
appeals to the prurient, shameful or morbid interest of adults and is without
serious literary, artistic, political or scientific value.
(d) "Sado-masochistic abuse" has the meaning
ascribed to it in NRS 201.262.
(e) "Sexual excitement" has the meaning
ascribed to it in NRS 201.264.
[Personnel Div., Rule XII § C, eff. 8-11-73] - (NAC A by
Dep't of Personnel, 10-26-84; A by Personnel Comm'n by R147-06, 12-7-2006;
R063-09, 11-25-2009; R027-11, 12-30-2011)
; A by
R118-17A,
eff. 9/21/2018