3. Testimony for legislative hrg

AMENDMENTS TO CHAPTER 4-07-20.1 APPEALS OF EMPLOYER ACTIONS Section 4-07-20.1-05 is amended as follows: 4-07 -20.1-05. Waiver of agency grievance procedure. A waiver of the agency grievance procedure is allowed by mutual agreement of the employee and appointing authority. The waiver must be signed by both parties within fifteen working days of the employer action. Upon obtaining the waiver, the employee may appeal directly to human resource management services in accordance with section 4-07-20.1-08. An additional fifteen workinq days is not available if the requested waiver is denied. History: Effective November 1, 1996; amended effective July 1, 2004; General Authority: NDCC 54-44.3-12(1) Law Implemented: NDCC 54-44.3-12.2 Subsection 1 of section 4-07-20.1-08 is amended as follows: 4-07-20.1-08. Procedure for appeal to human resource management services. 1. The employee shall file the properly completed prescribed appeal form with the director, human resource management services. The appeal form must be delivered, mailed, or transmitted by facsimile 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 workinq days is not available if the requested waiver is denied. The date of service of the notice shall be considered to be the date the notice was mailed or actual notice. The agency shall prepare a certificate of mailing, a certificate or admission of delivery in person, or other reliable means, to show proof of the date of mailing or actual delivery. History: Effective November 1, 1996; amended effective July 1, 2004: General Authority: NDCC 54-44.3-12(1) Law Implemented: NDCC 54-44.3-12.2 12