NRS 284.387 Internal administrative investigations leading to certain disciplinary action: Right of employee to written notice of allegations before questioning and to representation; deadline for and notification to employee of completion; extensions; failure to make determination in timely manner.
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NRS 284.387 Internal administrative investigations leading to certain disciplinary action: Right of employee to written notice of allegations before questioning and to representation; deadline for and notification to employee of completion; extensions; failure to make determination in timely manner.
1. An employee who is the subject of an internal administrative investigation that could lead to disciplinary action against the employee pursuant to NRS 284.385 must be:
(a)Provided notice in writing of the allegations against the employee within 30 days after the date on which the appointing authority becomes aware, or reasonably should have become aware, of the allegations. The notice must be provided before the employee is questioned regarding the allegations.
(b)Afforded the right to have a lawyer or other representative of the employee’s choosing present with the employee at any time that the employee is questioned regarding those allegations. The employee must be given not less than 2 business days to obtain such representation, unless the employee waives the employee’s right to be represented.
2. An internal administrative investigation that could lead to disciplinary action against an employee pursuant to NRS 284.385 and any determination made as a result of such an investigation must be completed and the employee notified of any disciplinary action within 90 days after the employee is provided notice of the allegations pursuant to paragraph
(a)of subsection 1. If the appointing authority cannot complete the investigation and make a determination within 90 days after the employee is provided notice of the allegations pursuant to paragraph
(a)of subsection 1, the appointing authority may request an extension of not more than 60 days from the Administrator upon showing good cause for the delay. No further extension may be granted unless approved by the Governor.
3. If the appointing authority does not make a determination within 90 days after the employee is provided notice of the allegations or within any extended time period approved pursuant to subsection 2, the appointing authority shall not take any disciplinary action against the employee pursuant to NRS 284.385 which is based on those allegations.