North Dakota Administrative Code
Title 4 - Management and Budget, Office of
Article 4-07 - Organization of Human Resource Management Services
Chapter 4-07-20.2 - Appeals of Discrimination
Section 4-07-20.2-05 - Completion of agency grievance process prior to appeal to human resource management services

A probationary or regular employee shall complete the agency grievance process prior to submitting an appeal to human resource management services for an appeal hearing, unless a waiver is granted as provided for in section 4-07-20.2-06. The employee shall begin the agency grievance procedure within fifteen working days from the date of the alleged discriminatory or reprisal action. Failure to begin the procedure within time limitations may cause the employee to lose the right to appeal to human resource management services. The agency appointing authority or designee, for good cause shown, may waive the time limitations for filing a grievance. Good cause means those circumstances that reasonably and without any fault on the part of the grievant prevented the filing of a grievance in a timely fashion. In no event may a grievance be deemed timely after sixty days have elapsed from the date of the employer action. If an agency does not have an established written grievance procedure, the employee shall submit the appeal to human resource management services within fifteen working days from the date of the alleged discriminatory or reprisal action.

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

Law Implemented: NDCC 54-44.3-12.2