Nevada Revised Statutes
Chapter 245 - Counties: Officers and Employees Generally
NRS 245.063 - Use of testing as factor in promotion of employees: Requirements; appeals; exception.

1. Except as otherwise provided in subsection 4, notwithstanding the provisions of any collective bargaining agreement to the contrary, if a board of county commissioners, a county officer or any other person acting on behalf of a county includes testing as a factor in a decision regarding the vertical promotion of an employee:
(a) The testing must be conducted by a third party which is independent from the board of county commissioners, county officer or other person acting on behalf of the county, as applicable.
(b) A third party which conducts a test must send to each employee who takes the test a confidential electronic mail message which contains the employee’s test score. The third party must send an employee’s test score to the employee and the board of county commissioners, the county officer or other person acting on behalf of a county at the same time.
(c) The board of county commissioners, county officer or other person acting on behalf of the county shall not produce a list of the employees who took the test, ranked in order of their test scores, until after the third party which conducted the test has sent each employee his or her test score pursuant to paragraph (b).
(d) An employee who is aggrieved by his or her test score may appeal the testing process.
2. During the appeal process authorized by paragraph (d) of subsection 1:
(a) The employee who appeals the testing process is entitled to see:
(1) How his or her test was graded; and
(2) The questions which the employee answered incorrectly.
(b) The board of county commissioners, county officer or other person acting on behalf of the county, as applicable, shall ensure that the employee was ranked properly based on the employee’s test score.
3. A person who tampers with the score of a test taken by an employee is guilty of a category E felony and shall be punished as provided in NRS 193.130.
4. The provisions of this section do not apply to a county department that has less than 200 employees.
5. As used in this section, "test" and "testing" includes, without limitation, a written test or oral board.
(Added to NRS by 2021, 1706)

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