NAC284.653. Driving under the influence; unlawful acts involving controlled substance.

     1. An employee is subject to any disciplinary action set forth in subsection 2, as determined by the appointing authority, if the employee is convicted of any of the following offenses:

     (a) If the offense occurred while the employee was driving a state vehicle, or a privately owned vehicle on state business:

          (1) Driving under the influence in violation of NRS 484C.110; or

          (2) Any offense resulting from an incident in which the employee was:

               (I) Originally charged with driving under the influence; or

               (II) Charged with any other offense for which driving under the influence is an element of the offense.

     (b) The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance on the premises of the workplace or on state business.

     2. An appointing authority may impose the following disciplinary actions if an employee is convicted of an offense set forth in subsection 1:

     (a) For the first offense:

          (1) Dismissal;

          (2) Demotion, if permitted by the organizational structure of the agency for which he or she is employed;

          (3) Suspension for 30 calendar days; or

          (4) Suspension for 30 calendar days and demotion.

     (b) For the second offense within 5 years, dismissal.

     3. An employee who is suspended or demoted pursuant to subsection 2 must:

     (a) Agree to be evaluated through an employee assistance program; and

     (b) Complete any program of treatment recommended by the evaluation.

     4. If an employee fails to complete the program of treatment, the appointing authority must dismiss the employee.

     5. Pursuant to NRS 193.105, an employee who is convicted of violating any state or federal law prohibiting the sale of a controlled substance must be dismissed.

     6. An employee must report a conviction of any offense described in this section to his or her appointing authority within 5 working days after it occurs. If the employee fails to make that report, he or she must be dismissed.

     (Added to NAC by Dep’t of Personnel, eff. 7-22-87; A 4-20-90; 3-27-92; A by Personnel Comm’n by R147-06, 12-7-2006; R141-07, 1-30-2008)