1. If a timely request for an expedited hearing is made pursuant to NRS 391.822, the superintendent must not take any further action relating to the recommendation to dismiss the probationary employee until the written report from the arbitrator is filed with the superintendent and the probationary employee pursuant to subsection 2.
2. An arbitrator shall hold an expedited hearing and file a written report with the superintendent and the probationary employee who requested the hearing pursuant to NRS 391.822 in the manner prescribed by the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. The only issues the arbitrator may consider are whether the dismissal of the probationary employee would:
(a) Violate the legal rights of the probationary employee provided by federal law or the laws of this State; or
(b) Be arbitrary or capricious.
3. At the expedited hearing, the superintendent must provide evidence of at least one reason to recommend the dismissal of the probationary employee, which must include, without limitation, at least one reason provided in the written notice required pursuant to paragraph (a) of subsection 2 of NRS 391.822. To rebut such evidence, the probationary employee must prove that each reason:
(a) Violates the legal rights of the probationary employee provided by federal law or the laws of this State; or
(b) Is arbitrary or capricious.
4. The written report filed by the arbitrator pursuant to subsection 2 is not binding upon the superintendent or the board.
5. The provisions of NRS 38.206 to 38.248, inclusive, do not apply to an expedited hearing, the written report of an arbitrator or any other portion of an arbitration conducted pursuant to this section.
6. Not later than 5 business days after the superintendent receives the written report from the arbitrator pursuant to subsection 2, the superintendent shall:
(a) If the superintendent intends to recommend the dismissal of the probationary employee, file with the board the report and a written recommendation to dismiss, and provide to the employee, by registered or certified mail, written notice of the filing of the recommendation and the date, time and location of the next regularly scheduled meeting of the board at which the recommendation to dismiss the employee will be considered; or
(b) If the superintendent does not intend to recommend the dismissal of the probationary employee, provide to the employee, by registered or certified mail, written notice that dismissal of the employee will not be recommended to the board and that no further action will be taken against the employee.
(Added to NRS by 2017, 1191)