# Title 4 — Management and Budget, Office of

## Article 4-07 — Organization of Human Resource Management Services

## Chapter 4-07-04 — Compensation Plan

### § 4-07-04-01. Scope of chapter.

This chapter applies to all state and local government agencies, departments, institutions, and
boards and commissions that employ individuals in positions classified by human resource
management services.
History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12
### § 4-07-04-02. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code
chapter 54-44.3 and section 4-07-02-01, except "compensation plan" means the listing of all the pay
grades used in the classified service and the pay ranges assigned to each grade.
History: Effective September 1, 1992; amended effective July 1, 2004; July 1, 2014.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-04-03. Class evaluation process.

The director, human resource management services, shall develop, implement, and maintain a
class evaluation process to evaluate and assign an appropriate pay grade to all classes in the
classification plan.
History: Effective September 1, 1992; amended effective July 1, 2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-04-03.1. Correcting class evaluation interpretation inconsistencies.

Repealed effective July 1, 2014.

### § 4-07-04-04. A written request to review a pay grade.

A written request to review a pay grade may be submitted to human resource management
services by the appointing authority only if one of the following reasons apply:
1. The appointing authority is experiencing recruiting problems due to the assigned pay grade.
2. The appointing authority is experiencing retention problems due to the assigned pay grade.
3. The appointing authority can provide employment market data that shows an extreme
variance between market pay and the classified salary range.
History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004; July 1,
2014.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-04-05. Additional information required.

An appointing authority requesting a pay grade review shall furnish additional information to human
resource management services at the time the request is made. The additional information must
include:
1. A statement of the problem.
2. Up-to-date job description questionnaires.
3. Any available statistical data that relates to the problem encountered, i.e., turnover rate,
recruiting costs, training costs, etc.
4. Details of efforts to resolve the problem through alternative methods.
5. Any available analysis of the current use of the salary range assigned to the existing pay
grade.
History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004; July 1,
2014.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-04-06. Information and forms required.

Repealed effective July 1, 2004.
### § 4-07-04-07. An employee may request a review.

An employee may request that an appointing authority submit the pay grade assigned to the
employee's class to human resource management services for review if the employee demonstrates
that one of the reasons in section 4-07-04-04 applies to the employee's classification. An appointing
authority shall consider an employee's request to submit the pay grade assigned to the employee's
class to human resource management services for review. The appointing authority shall, within sixty
calendar days, determine if any of the reasons in section 4-07-04-04 apply and if the information
required in section 4-07-04-05 is available. If any of the reasons apply and if the information is
available, the appointing authority shall submit the request to human resource management services
for review. If none of the reasons apply, the appointing authority shall notify the employee the request
will not be submitted to human resource management services.

History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004; July 1,
2014.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-04-08. An appointing authority shall consider an employee's request.

Repealed effective July 1, 2014.
### § 4-07-04-09. Pay grade review process, pay grade exceptions, and notifications.

Upon receipt of a pay grade review request, human resource management services will initiate
review of the pay grade or classification as appropriate. Human resource management services may
assign a pay grade that is higher than that determined by the application of the class evaluation
system. This may be done when the pay grade assigned to a class has not resolved significant
problems in the recruiting or retention of qualified individuals for a class. When a pay grade exception is
assigned to a class, the grade must be identified as such and the appointing authority and all
employees in the class must be notified. If the review is not completed within sixty calendar days,
human resource management services will notify the appointing authority of the reasons for an
extension and the anticipated schedule for completion of the review. If either the employee or
appointing authority disagree with the decision, an appeal may be made as provided in chapter
59.5-03-02.1.
History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004; July 1,
2014; April 1, 2020; October 1, 2023.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-04-09.1. Effective date of pay grade assignment.

The effective date of a pay grade assignment is the date specified by the appointing authority.
However, the date may not be earlier than the month in which the change is approved pursuant to
section 4-07-04-09. An earlier effective date may be applied with written approval from the director of
human resource management services.
History: Effective November 1, 1996; amended effective April 1, 2020.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-04-09.2. Request for reconsideration of pay grade assignment.

Repealed effective July 1, 2014.
### § 4-07-04-10. Pay grade appeal to the director.

Superseded by section 4-07-04-09.2 effective November 1, 1996.
### § 4-07-04-11. Pay grade exception.

Repealed effective July 1, 2014.
### § 4-07-04-12. Periodic review.

Classes assigned a pay grade exception are subject to periodic review by human resource
management services. Such classes shall be reviewed no less than once every five years to verify the

appropriateness of the assigned pay grade. The director, human resource management services, shall
notify the respective appointing authorities and all employees in the class that a review is being
conducted. The appointing authority and employees may submit information for the review.
History: Effective May 1, 1994; amended effective July 1, 2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
