NRS
281.641 Violation, reprisal or retaliatory action against state officer
or employee who discloses improper governmental action: Written appeal;
hearing; order; negative ruling may not be based on identity of persons to whom
disclosure was made; rules of procedure.
1. If any alleged violation of NRS 281.631 occurs or any alleged reprisal
or retaliatory action is taken against a state officer or employee who
discloses information concerning improper governmental action within 2 years
after the information is disclosed, the state officer or employee may file a
written appeal, not later than 60 working days after the date on which the
alleged violation or reprisal or retaliatory action occurred, with a hearing
officer of the Human Resources Commission for a determination of whether a
violation of NRS 281.631 occurred or the
action taken was a reprisal or retaliatory action, as applicable. The written
appeal must be accompanied by a statement that sets forth with particularity,
as applicable:
(a) The facts and circumstances relating to the
alleged violation of NRS 281.631; or
(b) The facts and circumstances under which the
disclosure of improper governmental action was made and the reprisal or
retaliatory action that is alleged to have been taken against the state officer
or employee.
Ê The hearing
must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures
adopted by the Human Resources Commission pursuant to subsection 5.
2. If the hearing officer determines that
a violation of NRS 281.631 occurred or
the action taken was a reprisal or retaliatory action, the hearing officer may
issue an order directing the proper person to desist and refrain from engaging
in such a violation or action.
3. The hearing officer shall file a copy
of the decision with the Governor or any other elected state officer who is
responsible for the actions of that person.
4. The hearing officer may not rule
against the state officer or employee based on the person or persons to whom
the improper governmental action was disclosed.
5. The Human Resources Commission may
adopt rules of procedure for conducting a hearing pursuant to this section that
are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.
6. As used in this section, “Human
Resources Commission” means the Human Resources Commission created by NRS 284.030.
(Added to NRS by 1991,
1993; A 1995,
347; 2001,
3050; 2011,
2952; 2019,
810; 2023,
327)
Notes of Decisions
Simonian v. Univ. & Cmty. Coll. Sys. of Nevada, 128 P.3d 1057 (Nev. 2006).
· cites it 10× “Second, that same year, Simonian requested a hearing with the Nevada Department of Personnel under NRS 281.641, which governs reprisals and retaliatory actions taken against state officer or employee whistleblowers.”
Simonian v. Univ. & Cmty. Coll. Sys., 128 P.3d 1057 (Nev. 2006).
· cites it 10× “Second, that same year, Simonian requested a hearing with the Nevada Department of Personnel under NRS 281.641, which governs reprisals and retaliatory actions taken against state officer or employee whistleblowers.”
Cohen v. Whitley (D. Nev. 2021).
· cites it 2× “5 § 281.641(1). The employee must state with particularity the facts and circumstances of the 6 disclosure of improper governmental action and the retaliation taken against them.”
— Nev. Rev. Stat. § 281.641(1) — 3 cases
Simonian v. Univ. & Cmty. Coll. Sys. of Nevada, 128 P.3d 1057 (Nev. 2006).
“Second, that same year, Simonian requested a hearing with the Nevada Department of Personnel under NRS 281.641, which governs reprisals and retaliatory actions taken against state officer or employee whistleblowers.”
Simonian v. Univ. & Cmty. Coll. Sys., 128 P.3d 1057 (Nev. 2006).
“Second, that same year, Simonian requested a hearing with the Nevada Department of Personnel under NRS 281.641, which governs reprisals and retaliatory actions taken against state officer or employee whistleblowers.”
Cohen v. Whitley (D. Nev. 2021).
“5 § 281.641(1). The employee must state with particularity the facts and circumstances of the 6 disclosure of improper governmental action and the retaliation taken against them.”
— Nev. Rev. Stat. § 281.641(1)(a) — 1 case
Cohen v. Whitley (D. Nev. 2021).
“5 § 281.641(1). The employee must state with particularity the facts and circumstances of the 6 disclosure of improper governmental action and the retaliation taken against them.”
— Nev. Rev. Stat. § 281.641(2) — 2 cases
Simonian v. Univ. & Cmty. Coll. Sys. of Nevada, 128 P.3d 1057 (Nev. 2006).
“Second, that same year, Simonian requested a hearing with the Nevada Department of Personnel under NRS 281.641, which governs reprisals and retaliatory actions taken against state officer or employee whistleblowers.”
Simonian v. Univ. & Cmty. Coll. Sys., 128 P.3d 1057 (Nev. 2006).
“Second, that same year, Simonian requested a hearing with the Nevada Department of Personnel under NRS 281.641, which governs reprisals and retaliatory actions taken against state officer or employee whistleblowers.”
— Nev. Rev. Stat. § 281.641(5) — 1 case
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