N.D. Admin Code 4-07-24-08 - Merit system application appeals to human resource management services

1. If an applicant is a regular employee and does not agree with the response of the agency appointing authority, the applicant may further appeal the disqualification to human resource management services. A letter of appeal must be addressed to the Director, Human Resource Management Services, 600 East Boulevard Avenue, Dept. 113, Bismarck, ND 58505-0120, and must be delivered, mailed, or transmitted by electronic means and must be received in the human resource management services office by five o'clock p.m. within fifteen working days of service of the notice of the agency's response to the appeal. 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.

2. Upon receipt of the appeal letter, the director, human resource management services, shall certify the appeal and submit a written request to the director, office of administrative hearings, to conduct the hearing in accordance with this section.

3. If the applicant and the appointing authority agree in writing, an appeal taken under this section may be disposed of informally as provided in this subsection. The administrative law judge shall notify the applicant and the appointing authority to provide documentation upon which each relies to assert its position on the appeal. Each party may also provide a memorandum of support for its position and may request oral argument before the administrative law judge at the time it submits its memorandum. If either party requests oral argument before the administrative law judge, the administrative law judge shall notify the parties of the time, date, and location of the oral argument. After oral argument, if any, the administrative law judge shall issue findings of fact, conclusions of law, and a final order and provide them to the parties and human resource management services. If the applicant and the appointing authority do not agree to informal disposition of the appeal, the administrative law judge shall conduct a hearing in accordance with this section. After the hearing, the administrative law judge shall issue findings of fact, conclusions of law, and a final order and provide them to the parties and human resource management services.

Notes

N.D. Admin Code 4-07-24-08

Effective August 1, 1995; amended effective November 1, 1996; July 1, 2004; January 1, 2012.

General Authority: NDCC 28-32-05.1, 54-44.3-12

Law Implemented: NDCC 28-32-05.1, 54-44.3-12