North Dakota Administrative Code
Title 4 - Management and Budget, Office of
Article 4-07 - Organization of Human Resource Management Services
Chapter 4-07-20.1 - Appeals of Employer Actions
Section 4-07-20.1-02 - Definitions

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except:

1. "Date of service" means the date the notice was mailed or the date transmitted by electronic means, or absent proof of the date of mailing or delivery of electronic means, the date of actual delivery.

2. "Employer action" means an action taken by an appointing authority that affects a regular employee through a demotion, dismissal, suspension without pay, forced relocation, reduction-in-force, or reprisal.

3. "Forced relocation" means the involuntary transfer or reassignment of a regular employee from one work location in the state to another work location in the state that requires the employee to move to a different place of residence. Telecommuting and other alternative work location agreements are not considered forced relocations.

4. "Reduction-in-force" means the loss of employment by a regular employee as a result of a reduction in funding, lack of work, curtailment of work, or reorganization.

5. "Regular employee" means a person who has completed the probationary period and who is or was in a position classified by human resource management services at the time the employer action occurred.

6. "Reprisal" means an unfavorable employment-related action taken against an applicant or employee by an appointing authority for appealing to human resource management services or the state personnel board; for exercising the employee's rights under the Public Employees Relations Act of 1985, North Dakota Century Code chapter 34-11.1; for testifying before a legislative committee; or for employees who request timely assistance under the employee assistance program.

7. "Waiver" means a written agreement between a regular employee and the appointing authority not to proceed with the agency grievance procedure and to permit an appeal to be made directly to human resource management services.

8. "Working days" means Monday through Friday exclusive of holidays.

General Authority: NDCC 54-44.3-12(1)

Law Implemented: NDCC 34-11.1-04(5), 54-44.3-12.2