The federal government requires certain state agencies and units of local government to operate under a Merit System of Personnel Administration because of the federal funds received for programs administered (i.e. economic assistance).
The Merit System is guided by certain merit principles: recruiting, selecting, and advancing employees is done based on ability, and it includes open consideration of qualified applicants.
- Equitable and adequate compensation is ensured.
- Employees must be trained to ensure quality performance.
- Employees are retained based on performance.
- Fair treatment is accorded to all employees.
- Employees are protected from coercion and prohibited from using their official authority improperly.
Agencies operating under merit system principles are the Department of Health & Human Services, Job Service North Dakota, Division of Homeland Security, Protection and Advocacy Project, Department of Environmental Quality, Procurement Section of Central Services in OMB, and Human Resource Management Services. Included in the Department of Human Services are the regional Human Service Centers, the Life Skills and Transition Center in Grafton, the State Hospital in Jamestown.
An applicant who has been disqualified by a merit system agency may appeal the disqualification to the agency appointing authority. The applicant must send a letter of appeal to the appointing authority postmarked within 15 days from the date on the letter of notification of rejection. The letter of appeal must specify why the applicant believes the qualifications were met. The agency appointing authority has 15 working days to provide a written response.
If the applicant is a regular, classified employee, the applicant may further appeal the disqualification to the Director of Human Resource Management Services. Human Resource Management Services will certify the appeal and request the Office of Administrative Hearings to designate an administrative law judge to conduct a hearing and prepare findings of fact, conclusions of law, and issue a final order.
References
NDCC 54-44.3
NDAC 4-07
Code of Federal Regulations: 5 CFR, Chapter 1, Part 900, Subpart F - Standards for a Merit System of Personnel Administration