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<br />AMENDMENTS TO CHAPTER 4-07-20.1 <br /> <br />APPEALS OF EMPLOYER ACTIONS <br /> <br />Section 4-07-20.1-05 is amended as follows: <br /> <br />4-07 -20.1-05. Waiver of agency grievance procedure. A waiver of the agency <br />grievance procedure is allowed by mutual agreement of the employee and appointing <br />authority. The waiver must be signed by both parties within fifteen working days of the <br />employer action. Upon obtaining the waiver, the employee may appeal directly to <br />human resource management services in accordance with section 4-07-20.1-08. An <br />additional fifteen workinq days is not available if the requested waiver is denied. <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 />Subsection 1 of section 4-07-20.1-08 is amended as follows: <br /> <br />4-07 -20.1-08. Procedure for appeal to human resource management <br />services. <br /> <br />1 . The employee shall file the properly completed prescribed appeal form <br />with the director, human resource management services. The appeal form <br />must be delivered, mailed, or transmitted by facsimile and must be <br />received in the human resource management services office by five p.m. <br />within fifteen working days of service of the notice of results of the agency <br />grievance procedure or within fifteen working days from the date of the <br />waiver. An additional fifteen workinq days is not available if the requested <br />waiver is denied. The date of service of the notice shall be considered to <br />be the date the notice was mailed or actual notice. The agency shall <br />prepare a certificate of mailing, a certificate or admission of delivery in <br />person, or other reliable means, to show proof of the date of mailing or <br />actual delivery. <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 />12 <br />