NAC284.726. Access to confidential records.

     1. Except as otherwise provided in this subsection, access to materials for an examination and information relating to an applicant or eligible person which are relevant to an appointing authority’s decision to hire that person is limited to the appointing authority or his or her designated representative. If the name of the applicant is not disclosed and the information is used for the purposes of subparagraph (2) of paragraph (a) of subsection 1 of NAC 284.204, information relating to the education and experience of an applicant may be made available to any affected applicant, employee or the designated representative of either.

     2. Except as otherwise provided in subsections 3 and 4, access to an employee’s file of employment containing any of the items listed in paragraphs (g) to (j), inclusive, of subsection 1 of NAC 284.718 is limited to:

     (a) The employee.

     (b) The employee’s representative when a signed authorization from the employee is presented or is in his or her employment file.

     (c) The appointing authority or a designated representative of the agency by which the employee is employed.

     (d) The Administrator or a designated representative.

     (e) An appointing authority, or a designated representative, who is considering the employee for employment in the agency.

     (f) Persons who are authorized pursuant to any state or federal law or an order of a court.

     (g) The State Board of Examiners if the Board is considering a claim against the State of Nevada filed pursuant to chapter 41 of NRS which involves the employee.

     (h) Persons who are involved in processing records for the transaction of business within and between state agencies.

     (i) Persons who are involved in processing records for the transaction of business that is authorized by the employee.

     3. Information concerning the health, medical condition or disability of an employee or a member of his or her immediate family must be kept separate from the employee’s file in a locked cabinet. Except as otherwise provided in subsection 9, access to such information is limited to the employee, his or her current supervisor, and the appointing authority or a designated representative.

     4. Except as otherwise provided in subsection 9, access to information concerning the employee’s usage or balance of annual leave and sick leave is limited to the employee, the employee’s immediate supervisor and the employee’s appointing authority or the designated representative of the appointing authority.

     5. Except as otherwise provided in subsection 9, access to any notes, records, recordings, findings or other information obtained from an organizational climate study that directly relate to an employee’s performance or conduct is limited to:

     (a) The employee.

     (b) The Administrator or a designated representative of the Administrator.

     (c) The appointing authority or a designated representative of the agency with which the employee is employed.

     (d) Persons who are authorized pursuant to any state or federal law or an order of a court.

     (e) The Governor or a designated representative of the Governor.

     6. Except as otherwise provided in subsection 9, access to any notes, records, recordings, findings or other information obtained from an internal study conducted by an agency that directly relate to an employee’s performance or conduct is limited to:

     (a) The employee.

     (b) The appointing authority or a designated representative of the agency by which the employee is employed.

     (c) Persons who are authorized pursuant to any state or federal law or an order of a court.

     (d) The Governor or a designated representative of the Governor.

     7. Except as otherwise provided by specific statute, records maintained by an employee assistance program offered by the State of Nevada must not be released without written permission signed by the employee to whom the records pertain.

     8. Upon request, the Division of Human Resource Management will provide the personal mailing address of any employee on file with the Division of Human Resource Management to the State Controller’s Office and the Internal Revenue Service.

     9. The Administrator or the appointing authority, or a designated representative, shall authorize the release of any confidential records under his or her control which are requested by the Employee-Management Committee, a hearings officer, the Commission, the Committee on Catastrophic Leave created pursuant to NRS 284.3627, the Nevada Equal Rights Commission or a court.

     [Personnel Div., Rule XVI part § C, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 8-28-85; 9-30-88; 7-21-89; 8-14-90; 7-6-92; 3-23-94; R042-99, 9-27-99; R082-00, 8-2-2000; R058-01, 9-6-2001; R147-01, 1-22-2002; A by Personnel Comm’n by R068-03, 10-30-2003; R024-05, 10-31-2005; R141-07, 1-30-2008; R065-09, 10-27-2009, R059-10, 10-15-2010; R137-12 & R045-13, 10-23-2013)