1. The Commission shall adopt regulations requiring that a promotional appointee who fails to attain permanent status in the position to which the appointee was promoted, or who is dismissed for cause other than misconduct or delinquency on the appointee’s part from the position to which the appointee was promoted, either during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for the appointee’s continuance in the position, must be:
(a) Restored to the position from which the appointee was promoted unless the position has been filled by an employee with greater seniority;
(b) Placed in a position other than the position from which the appointee was promoted and for which a vacancy exists in the class held immediately before the promotion; or
(c) If no position described in paragraph (a) or (b) exists:
(1) Appointed to a position for which a vacancy exists in a class equal to or lower than the class held immediately before the promotion; or
(2) Placed on an appropriate reemployment list.
2. Nothing contained in this section shall be construed to prevent any employee of the classified service from competing for places upon lists of persons eligible for original appointments.
[37:351:1953] — (NRS A 2015, 1045)
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