NAC284.646. Dismissals.

     1. An appointing authority may dismiss an employee for any cause set forth in NAC 284.650 if:

     (a) The agency with which the employee is employed has adopted any rules or policies which authorize the dismissal of an employee for such a cause; or

     (b) The seriousness of the offense or condition warrants such dismissal.

     2. An appointing authority may immediately dismiss an employee for the following causes, unless the conduct is authorized pursuant to a rule or policy adopted by the agency with which the employee is employed:

     (a) Intentionally viewing or distributing pornographic material at the premises of the workplace, including, without limitation, intentionally viewing or distributing pornographic material on any computer owned by the State, unless such viewing or distributing is a requirement of the employee’s position.

     (b) Unauthorized release or use of confidential information.

     (c) Participation in sexual conduct on the premises of the workplace, including, without limitation, participation in sexual conduct in a vehicle that is owned by the State.

     (d) Absence without approved leave for 3 consecutive days during which the employee is scheduled to work.

     (e) The suspension, revocation or cancellation of a professional or occupational license, certificate or permit or driver’s license if the possession of the professional or occupational license, certificate or permit or driver’s license is a requirement of the position at the time of appointment as stated in the standards of work performance, essential functions or class specifications for the position, or in other documentation provided to the employee at the time of appointment, or required thereafter pursuant to federal or state law.

     (f) Threatening another person with a deadly weapon during any time in which the employee is:

          (1) On the premises of the workplace; or

          (2) Conducting state business or otherwise performing any duties of employment.

     (g) Stealing or misappropriating any property that is owned by the State or located on state property.

     3. The rights and procedures set forth in NAC 284.655 to 284.6563, inclusive, apply to any dismissal made pursuant to this section.

     4. As used in this section:

     (a) “Material” has the meaning ascribed to it in NRS 201.2581.

     (b) “Nudity” has the meaning ascribed to it in NRS 201.261.

     (c) “Pornographic material” means material that, all or in part, contains any description or representation of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of adults and is without serious literary, artistic, political or scientific value.

     (d) “Sado-masochistic abuse” has the meaning ascribed to it in NRS 201.262.

     (e) “Sexual excitement” has the meaning ascribed to it in NRS 201.264.

     [Personnel Div., Rule XII § C, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R147-06, 12-7-2006; R063-09, 11-25-2009; R027-11, 12-30-2011)