Section 4-07-20.1-08 - Procedure for appeals of employer actions to human resource management services1. The employee shall file the properly completed prescribed appeal form with the director, human resource management services. The appeal form must be transmitted by electronic means and must be received in the human resource management services office by five p.m. within fifteen working days of service of the notice of results of the agency grievance procedure or within fifteen working days from the date of the waiver. An additional fifteen working days is not available if the requested waiver is denied. The date of service of the notice shall be considered to be the date transmitted or delivered by electronic means. The agency shall prepare a certificate of service or provide reliable means, to show proof of the date transmitted or delivered by electronic means.2. The director, human resource management services, shall within two working days submit a written request by electronic means to the director, office of administrative hearings, to conduct a hearing on behalf of the division and shall forward a copy of the appeal form to the appointing authority.3. The administrative law judge shall initially consider whether the appeal was filed within required time limitations. If the administrative law judge determines the time limitations have not been met, the administrative law judge shall prepare an appropriate order dismissing the appeal, which shall be final, and provide a copy of it to the parties. The administrative law judge may, for good cause shown, waive the time limitations for filing an appeal. Good cause means those circumstances that reasonably and without any fault on the part of the appellant prevented the filing of an appeal in a timely fashion. In no event may an appeal be deemed timely after sixty days have elapsed from the date of the employer action.4. The administrative law judge shall consider whether human resource management services has jurisdiction over the subject matter of the appeal and whether all rules and regulations were followed in the internal agency grievance process. If the administrative law judge is unable to establish whether human resource management services has jurisdiction over the subject matter of the appeal or whether the appropriate rules were followed, a hearing may be conducted to ascertain the facts related to those issues.5. If the administrative law judge determines that human resource management services does not have jurisdiction in the matter of the appeal, the administrative law judge shall prepare findings of fact and conclusions of law, if appropriate; issue a final decision dismissing the appeal; and provide a copy of them to the parties.6. If it is determined that human resource management services has jurisdiction over the appeal, the administrative law judge shall schedule a hearing. The administrative law judge shall conduct the hearing and related proceedings, receive evidence related to the issues, prepare findings of fact and conclusions of law, and issue a final decision.7. The administrative law judge shall notify the employee and the appointing authority of the final decision by sending each of them a copy of the findings of fact, conclusions of law, and final decision. Notification shall be accomplished in the same manner as for notification of final orders required by subsection 3 of North Dakota Century Code section 28-32-39. The parties shall implement the final decision within any time periods specified by the administrative law judge.8. The administrative law judge shall return the completed appeal file to human resource management services by electronic means.9. Any party to the appeal may review the recordings of the hearing by making a request to human resource management services by electronic means.N.D. Admin Code 4-07-20.1-08
Effective November 1, 1996; amended effective July 1, 2004; July 1, 2008; July 1, 2010.Amended by Administrative Rules Supplement 2023-390, October 2023, effective 10/1/2023.Amended by Administrative Rules Supplement 2023-391, January 2024, effective 10/1/2023.General Authority: NDCC 54-44.3-12(1)
Law Implemented: NDCC 54-44.3-12.2