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<br />4~. The administrative law judge shall consider whether human resource <br />management services has jurisdiction over the subject matter of the <br />appeal and whether all rules and regulations were followed in the internal <br />agency grievance process. If the administrative law judge is unable to <br />establish whether human resource management services has jurisdiction <br />over the subject matter of the appeal or whether the appropriate rules <br />were followed, a hearing may be conducted to ascertain the facts related <br />to those issues. <br /> <br />aQ. If the administrative law judge determines that human resource <br />management services does not have jurisdiction in the matter of the <br />appeal, the administrative law judge shall prepare findings of fact and <br />conclusions of law, if appropriate; issue a final decision dismissing the <br />appeal; and provide a copy of them to the parties. <br /> <br />aZ. If it is determined that human resource management services has <br />jurisdiction over the appeal, the administrative law judge shall schedule a <br />hearing. The administrative law judge shall conduct the hearing and <br />related proceedings, receive evidence related to the issues, prepare <br />findings of fact and conclusions of law, and issue a final decision. <br /> <br />7!!. The administrative law judge shall notify the employee or the applicant <br />and the affected appointing authority of the final decision by sending each <br />of them the findings of fact, conclusions of law, and final decision. <br />Notification shall be accomplished in the same manner as for notification <br />of final orders required by subsection 3 of North Dakota Century Code <br />section 28-32-39. The parties shall implement the final decision within any <br />time periods specified by the administrative law judge. <br /> <br />8~. The administrative law judge shall return the completed appeal file to <br />human resource management services. <br /> <br />910. Any party to the appeal may review the recordings of the hearing by <br />making a request to human resource management services. <br /> <br />History: Effective November 1, 1996; amended effective July 1, 2004; <br />General Authority: NDCC 54-44.3-12(1) <br />Law Implemented: NDCC 54-44.3-12.2 <br /> <br />15 <br />