NRS
284.385 Dismissals, demotions and suspensions; regulations.
1. An appointing authority may:
(a) Dismiss or demote any permanent classified
employee when the appointing authority considers that the good of the public
service will be served thereby.
(b) Except as otherwise provided in NRS 284.148, suspend without pay, for
disciplinary purposes, a permanent employee for a period not to exceed 30 days.
2. Before a permanent classified employee
is dismissed, involuntarily demoted or suspended, the appointing authority must
consult with the Attorney General or, if the employee is employed by the Nevada
System of Higher Education, the appointing authority’s general counsel,
regarding the proposed discipline. After such consultation, the appointing
authority may take such lawful action regarding the proposed discipline as it
deems necessary under the circumstances.
3. A dismissal, involuntary demotion or
suspension does not become effective until the employee is notified in writing
of the dismissal, involuntary demotion or suspension and the reasons therefor.
The Commission shall adopt regulations setting forth the procedures for
properly notifying the employee of the dismissal, involuntary demotion or
suspension and the reasons therefor.
4. No employee in the classified service
may be dismissed for any reason relating to his or her religion, race, sexual
orientation, or gender identity or expression.
[49:351:1953]—(NRS A 1963,
1049; 1977,
991; 1993,
2092; 2011,
1495; 2015,
1046; 2017,
1068)
Notes of Decisions
Cited in
22
cases (
3 in the last 5 years), 1960–2024 · leading case:
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
· cites it 11× “" The hearing officer's decision O'Keefe requested a hearing under NRS 284.390 to challenge the DMV's decision to terminate her employment.”
State, Dep't of Human Resources v. Fowler, 858 P.2d 375 (Nev. 1993).
· cites it 3× “The only remedy set forth in NRS Chapter 284 is as follows: If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the…”
Oliver v. Spitz, 348 P.2d 158 (Nev. 1960).
· cites it 3× “The dismissal of petitioner resulted from a letter dated July 1, 1959 written by respondent pursuant to NRS 284.385 specifically setting forth 14 charges of malfeasance and nonfeasance.”
Munoz v. State ex rel. Dep't of Highways, 552 P.2d 42 (Nev. 1976).
· cites it 2× “NRS 284.385 provides in part that an appointing authority may dismiss or demote any permanent classified employee when he considers that the good of the public service will be served thereby.”
Snow v. Nevada Dep't of Prisons, 543 F. Supp. 752 (D. Nev. 1982).
“NRS 284.385, subd. 1(a) authorizes an appointing authority to dismiss a permanent State classified employee, such as Plaintiff herein, when the good of the public service will be served thereby.”
Knapp v. State, 892 P.2d 575 (Nev. 1995).
“2d at 58 (citing NRS 284.385(l)(a)). A hearing officer “determine^] the reasonableness” of a dismissal, demotion, or suspension.”
Dep't of Corr. v. Ludwick, 440 P.3d 43 (Nev. 2019).
“Ludwick does not dispute that he left the unit without permission except to argue that he had implied permission to leave under the FMLA.”
— Nev. Rev. Stat. § 284.385(1) — 1 case
State, Dep't of Human Resources v. Fowler, 858 P.2d 375 (Nev. 1993).
“The only remedy set forth in NRS Chapter 284 is as follows: If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the…”
— Nev. Rev. Stat. § 284.385(1)(a) — 9 cases
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
“" The hearing officer's decision O'Keefe requested a hearing under NRS 284.390 to challenge the DMV's decision to terminate her employment.”
Dep't of Corr. v. Ludwick, 440 P.3d 43 (Nev. 2019).
“Ludwick does not dispute that he left the unit without permission except to argue that he had implied permission to leave under the FMLA.”
— Nev. Rev. Stat. § 284.385(2) — 3 cases
State, Dep't of Human Resources v. Fowler, 858 P.2d 375 (Nev. 1993).
“The only remedy set forth in NRS Chapter 284 is as follows: If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the…”
— Nev. Rev. Stat. § 284.385(4) — 2 cases
— Nev. Rev. Stat. § 284.385(l)(a) — 2 cases
Knapp v. State, 892 P.2d 575 (Nev. 1995).
“2d at 58 (citing NRS 284.385(l)(a)). A hearing officer “determine^] the reasonableness” of a dismissal, demotion, or suspension.”
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