N.D. Admin Code 4-07-24-07 - Merit system application appeals to the agency appointing authority

1. An applicant who has submitted a timely and properly completed application for a position within an agency, department, or institution subject to this chapter and who has been determined by the employing agency to be disqualified for that position because of failure to meet the minimum qualifications, may appeal the disqualification to the agency appointing authority.

2. The employing agency must notify an applicant who fails to meet the minimum qualifications for a position of the applicant's disqualification and right to appeal by letter mailed to the applicant's last-known address or transmitted by electronic means. If an applicant wishes to appeal the disqualification, the applicant shall file a written appeal to the agency appointing authority. The appeal must be delivered, mailed, or transmitted by electronic means and must be received by the agency appointing authority within fifteen working days from the date of notice of the applicant's disqualification. The date of service of the notice shall be considered to be the date the notice was mailed or the date transmitted by electronic means, or absent proof of the date of mailing or delivery through electronic means, the date of actual delivery. The agency shall prepare a certificate of service, or provide reliable means, to show proof of the date of mailing, transmittal by electronic means, or hand delivery. The letter of appeal must specify the basis upon which the applicant relies to assert that the applicant meets the minimum qualifications for the position.

3. The agency appointing authority has fifteen working days from the receipt of the appeal to review the appeal and provide a written response to the applicant.

Notes

N.D. Admin Code 4-07-24-07

Effective July 1, 1995; amended effective January 1, 2012.

General Authority: NDCC 54-44.3-12

Law Implemented: NDCC 54-44.3-12