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600 E Boulevard Ave
Dept 113
Bismarck, ND 58505-0120

Phone · 701.328.3290
Fax · 701.328.1475
Email · hrms@nd.gov

Employment Verification · 701.328.2677

Managers: Laws and Rules

Appeals: Employer Actions and Discrimination

An employee in a classified position who has completed the probationary period may appeal an employer action (demotion, dismissal, suspension without pay, forced relocation, reduction in force, or reprisal) and discrimination to Human Resource Management Services (HRMS). Applicants for classified positions may also appeal discrimination in employment. (Please refer to Merit System for appeals procedures relating to merit system qualification.)

Appeals of reduction in force may be made only on the basis that the agency did not utilize a uniform comparative analysis as required by NDAC 4-07-11-03 or that it was conducted in a discriminatory manner. A former employee who was reduced in force may appeal a denial of reemployment on the basis that the agency did not follow NDAC 4-07-11-07 or that the denial of reemployment was conducted in a discriminatory manner.

The employee must complete the agency's grievance procedure before appealing to HRMS or the employee may request a waiver of this requirement. If the agency has not established a grievance procedure or failed to respond to a grievance in a timely manner, the employee may appeal the employer action to HRMS.

Appeals must be submitted to the Director of HRMS within 15 working days of service of the notice of results of the agency grievance procedure or within 15 working days from the date of the waiver. An additional 15 working days is not available if the requested waiver is denied. Employee appeals must be made on a completed appeal form (SFN 3096 (120kb pdf) Appeal to ND Human Resource Management Services).

A job applicant must file a written appeal to the hiring agency's appointing authority before appealing to HRMS. Job applicants appealing the decision of the agency appointing authority must send a letter of appeal to the Director of HRMS within 15 working days of the service of notice of the agency appointing authority's response to the alleged discriminatory action. The letter of appeal must state the basis on which the applicant maintains discrimination occurred.

The Director of HRMS shall submit a written request to the Director of the Office of Administrative Hearings to designate an administrative law judge to conduct the hearing, prepare findings of fact and conclusions of law, and issue a final order.

An appeal of the administrative law judge's final order must be made to District Court within 30 days after notice of the decision was given. An appeal to the Supreme Court must be made within 60 days after the service of the notice of entry of judgement in the District Court.

References

NDCC 54-44.3-12.2
NDAC 4-07-11

NDAC 4-07-20.1
NDAC 4-07-20.2

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