North Dakota Code 37-19.1-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 37-19.1-01
- Individual: means a human being. See North Dakota Code 1-01-49
- National guard: means that part of the military forces of this state which is organized, equipped, and federally recognized under the provisions of the National Defense Act, as amended, of the United States as the "national guard, air national guard, of the United States and the state of North Dakota". See North Dakota Code 37-01-01
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Agency” or “governmental agency” means all political subdivisions and the state, including any state agency, board, bureau, commission, department, officer, and any state institution or enterprise authorized to employ individuals either temporarily or permanently.
2. “Chief deputy” means the individual who is appointed by an elected or appointed official under express statutory authority to hire a chief deputy and who is authorized to act on behalf of that official. The term does not include an individual appointed to a position that must be filled under a competitive personnel system.
3. “Competitive personnel system” means a system that rates applicants for a position using an objective set of skills, knowledge, abilities, behaviors, or other characteristics required for the position.
4. “Designated electronic communication” means an agreed electronic system of communication used by a governmental agency and applicant as the designated official means of communicating nonselection. The designated electronic communication must include the applicant’s electronic mail address. The term includes an electronic system for the transmittal and receipt of appeals to the department of veterans’ affairs or a governmental agency and is limited to an electronic communication that provides notice to a sender that the communication has been delivered.
5. “Disabled veteran” means a veteran who is found to be entitled to a service-connected disability rating as determined by the United States veterans’ administration.
6. “Justifiable cause” means grounds for action that are in accord with sufficient reason that can be justified or defended as correct. Justifiable cause not to hire a veteran must be something specific to that individual which renders the individual unsuitable for the position.
7. “Political subdivision” means counties, cities, townships, and any other governmental entity created by state law which employs individuals either temporarily or permanently.
8. “Private secretary” means the individual who is appointed by an elected or appointed official under express legal authority to hire a private secretary or administrative assistant and who is authorized to handle correspondence, keep files, schedule appointments, and do other clerical work of a more personal and confidential nature for that official, but does not include an individual appointed to a position that must be filled under a competitive personnel system.
9. “Veteran” means an individual who:
a. Is a veteran as defined in subsection 1 of section 37-01-40; or
b. Is serving in or has been honorably discharged from the national guard or a reserve unit.