North Carolina Administrative Code

25 NCAC 01H .0634 SELECTION OF APPLICANTS (a) All agencies shall select from the pool of the most qualified persons to fill vacant positions. Employment shall be offered based upon the job-related qualifications of applicants for employment using fair and valid selection criteria…

25 NCAC 01H .0635 MINIMUM QUALIFICATIONS (a) The employee or applicant must possess at least the minimum qualifications set forth in the class specification of the vacancy being filled. Additional minimum qualifications, if any, included on the specific vacancy announcement must …

25 NCAC 01H .0636 EMPLOYMENT: E-VERIFY (a) The Immigration Reform and Control Act (IRCA) requires that all U.S. employees be either United States citizens or aliens with proper work authorization from the Bureau of U.S. Citizenship and Immigration Services. (b) All State agencies…

25 nCAC 01H .0637 CREDENTIALS VERIFICATION PROCEDURES In accordance with G.S. 126-30, for each new employee, agencies shall verify information on applications for State employment that is significantly related to the particular job responsibilities or is used to qualify or set th…

25 nCAC 01H .0638 APPLICANT DISQUALIFICATION BECAUSE OF false or misleading information on state application When an agency discovers prior to employment that an applicant provided false or misleading information on a State application or its equivalent in order to meet position …

25 NCAC 01H .0639 DISCIPLINARY ACTION because of false or misleading information on state application When an agency discovers, after employment, that an employee provided false or misleading information on a State application, or its equivalent, or concealed employment history o…

25 NCAC 01H .0640 DISMISSAL because of false or misleading information on state application When an agency discovers that an employee was selected based on false or misleading work experience, education, registration, licensure or certification information on the State applicatio…

25 NCAC 01H .0641 EMPLOYMENT OF RELATIVES Members of an immediate family shall not be employed within the same agency if the employment results in one member supervising another member of the employee's immediate family, or if one member will occupy a position that has influence …

SECTION .0700 - PRIORITY CONSIDERATION: GENERAL PROVISIONS 25 NCAC 01H .0701 GENERAL PROVISIONS (a) It is recognized that certain applicants for positions of State employment may receive a priority over other applicants for the position. Priority consideration in certain situatio…

SECTION .0800 - PROMOTIONAL PRIORITY 25 NCAC 01H .0801 PROMOTIONAL PRIORITY CONSIDERATION FOR CURRENT EMPLOYEES (a) Promotional priority consideration shall be provided when a career State employee, as defined in G.S. 126-1.1, applies for a position that is a higher salary grade …

25 NCAC 01H .0802 RELATIONSHIP TO OTHER EMPLOYMENT PRIORITY CONSIDERATIONS History Note: Authority G.S. 126-4; 126-7.1; 126-16; Temporary Adoption Eff. October 1, 1987, for a Period of 180 Days to Expire on March 28, 1988; Eff. March 1, 1988; Amended Eff. June 1, 1992; Recodified…

section .0900 - REDUCTION-IN-FORCE - PRIORITY REEMPLOYMENT 25 NCAC 01H .0901 Reduction in force application and appeal (a) The rules in this Section apply to employees notified of or separated due to a reduction in force. (b) Priority consideration shall be provided to career Sta…

25 NCAC 01H .0902 REQUIREMENTS FOR REDUCTION IN FORCE PRIORITY CONSIDERATION Upon written notification of imminent separation through reduction in force (RIF), a career State employee shall receive priority consideration for positions at an equal or lower salary grade (or salary …

25 NCAC 01H .0903 REEMPLOYMENT AFTER PRiORITY EXPIRATION History Note: Authority G.S. 126-4(6),(10); Eff. March 1, 1987; Recodified from 25 NCAC 01D .0514 Eff. December 29, 2003; Repealed Eff. February 1, 2007.

25 NCAC 01H .0904 AGENCY AND EMPLOYEE RESPONSIBILITIES (a) The employing agency shall notify the employee of imminent separation in accordance with G.S. 126-7.1(b) and inform the employee of the priority consideration to be afforded. (b) The agency shall notify the Office of Stat…

25 NCAC 01H .0905 OFFICE OF STATE HUMAN RESOURCES RESPONSIBILITIES The Office of State Human Resources shall maintain a list of employees notified of reduction in force that shall serve as a reference for agencies in determining priority consideration for reemployment. History No…

SECTION .1000 – EXEMPT PRIORITY CONSIDERATION 25 NCAC 01H .1001 EXEMPT PRIORITY reemployment CONSIDERATION – POLICY AND SCOPE (a) The rules in this Section apply to employees hired on or before August 20, 2013 and removed from: (1) Exempt policymaking positions for reasons other …

25 NCAC 01H .1002 CUMULATIVE STATE SERVICE History Note: Authority G.S. 126-4(6),(10); Eff. March 1, 1987; Recodified from 25 NCAC 01D .0513 Eff. December 29, 2003; Repealed Eff. February 1, 2007.

25 NCAC 01H .1003 AGENCY RESPONSIBILITIES The employing agency shall inform the employee in writing of the priority reemployment consideration to be afforded by Rule .1001(b) and (c) of this Section no later than the time of separation. History Note: Authority G.S. 126-4(4); 126-…

SECTION .1100 – VETERANS' PREFERENCE 25 nCAC 01H .1101 VETERANS' PREFERENCE POLICY STATEMENT Eligible veterans shall be granted preference in employment with every state agency in accordance with Article 13 of G.S. 126. History Note: Authority G.S. 126-4(4); 128-15; Eff. Septembe…

25 NCAC 01H .1102 CLAIMING veterans' PREFERENCE In order to claim veterans' preference, all eligible persons shall submit a DD Form 214, Certificate of Release or Discharge from Active Duty, along with a State Application for Employment (PD-107 or its equivalent) to the appointin…

25 NCAC 01H .1103 DENIAL OF VETERANS' PREFERENCE History Note: Authority G.S. 126-4(10); 126-4(11); 128-15; 150B, Article 3; S.L. 2013-382, s. 6.1; Eff. September 1, 1987; Recodified from 25 NCAC 01H .0613 Eff. October 5, 2004; Amended Eff. June 1, 2008; February 1, 2007; Februar…

25 NCAC 01H .1104 APPLICATION OF THE VETERANS' PREFERENCE (a) Veterans’ preference shall be accorded eligible veterans, as defined in 25 NCAC 01H .1105, by giving additional credit as follows: (1) In initial employment, subsequent employment, promotion, reassignment, and horizont…

25 NCAC 01H .1105 ELIGIBILITY Persons eligible for veteran's preference shall have served in the Armed Forces of the United States on active duty, for reasons other than training, during periods of war, and shall have been discharged under other than dishonorable conditions. This…

SUBCHAPTER 1I - SERVICE TO LOCAL GOVERNMENT SECTION .0100 - GENERAL PROVISIONS 25 NCAC 01I .0101 AUTHORITY FOR PERSONNEL POLICIES History Note: Authority G.S. 126-4; 126-7; 126-8; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

25 NCAC 01I .0102 AUTHORITY FOR CLASSIFICATION PLAN History Note: Authority G.S. 126-3; 126-4(1); 126-5(a); Eff. February 1, 1976; Amended Eff. January 1, 1989; Repealed Eff. August 3, 1992.

25 NCAC 01I .0105 ORGANIZATION History Note: Authority G.S. 126-4; 126-5; Eff. February 1, 1976; Repealed Eff. December 1, 1978.

SECTION .0300 - LOCAL GOVERNMENT POSITION ANALYSIS 25 NCAC 01I .0301 AUTHORITY FOR ESTABLISHING QUALIFICATIONS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

25 NCAC 01I .0614 SELECTIVE PLACEMENT PROGRAM History Note: Authority G.S. 126-4; Federal Standards for a Merit System of Personnel Administration; Eff. August 1, 1980; Repealed Eff. February 1, 1986.

25 NCAC 01I .1005 ADMINISTRATION OF SALARY SCHEDULE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. January 1, 1989; May 1, 1977; Repealed Eff. August 3, 1992.

25 NCAC 01I .1006 AVAILABILITY OF FUNDS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. May 1, 1977.

25 NCAC 01I .1007 SALARY RATES History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. January 1, 1989; May 1, 1977; Repealed Eff. August 3, 1992.

25 NCAC 01I .1008 SALARY REDUCTION BASED ON PERFORMANCE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. May 1, 1977.

SECTION .1100 - HOURS OF WORK AND OVERTIME PAY 25 NCAC 01I .1101 FAIR LABOR STANDARDS ACT History Note: Authority Fair Labor Standards Act; Eff. February 1, 1976; Repealed Eff. October 1, 1976.

25 NCAC 01I .1102 EXEMPTIONS History Note: Authority Fair Labor Standards Act; Eff. February 1, 1976; Repealed Eff. November 1, 1979.

25 NCAC 01I .1103 HOURS OF WORK AND OVERTIME COMPENSATION History Note: Authority G.S. 126-4; Eff. November 1, 1979; Amended Eff. August 1, 1985; Repealed Eff. August 3, 1992.

25 NCAC 01I .1205 PETTY LEAVE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. January 1, 1983.

25 NCAC 01I .1315 LOCAL AGENCIES SUBJECT TO SAME RULES AS STATE AGENCIES History Note: Authority G.S. 126-4; 126-35; 126-37; Eff. November 1, 1990; Repealed Eff. August 3, 1992.

SECTION .1400 - ACTIONS BY LOCAL GOVERNING BODY 25 NCAC 01I .1401 SALARY SCHEDULE ESTABLISHMENT History Note: Authority G.S. 126-11; 126-9; Eff. February 1, 1976; Repealed Eff. July 1, 1977.

25 NCAC 01I .1402 ESTABLISHING EQUIVALENT PERSONNEL SYSTEM History Note: Authority G.S. 126-11; Eff. February 1, 1976; Amended Eff. December 1, 1983; Repealed August 3, 1992.

25 NCAC 01I .1403 CERTIFICATION: PERSONNEL ADMINISTRATION SYSTEM History Note: Authority G.S. 126-4; Federal Standards for a Merit System of Personnel Administration; Eff. August 1, 1980; Repealed Eff. August 3, 1992.

25 NCAC 01I .1404 REQUIREMENTS FOR EQUIVALENT PERSONNEL SYSTEM History Note: Authority G.S. 126-11; Federal Standards for A Merit System of Personnel Administration; Eff. February 1, 1981; Amended Eff. October 1, 1983; June 1, 1983; Repealed Eff. November 1, 1988.

25 NCAC 01I .1603 CHARGES History Note: Authority G.S. 126-10; Eff. August 1, 1977; Amended Eff. April 1, 1981; Repealed Eff. August 3, 1992.

SECTION .1700 - LOCAL GOVERNMENT EMPLOYMENT POLICIES 25 NCAC 01I .1701 APPLICABILITY State law (N.C.G.S. Chapter 126, "The State Human Resources Act") provides for the establishment of a system of personnel administration applicable to certain local employees paid entirely or in …

25 NCAC 01I .1702 EMPLOYMENT OF RELATIVES (a) The term "immediate family" includes wife, husband, mother, father, brother, sister, son, daughter, grandmother, grandfather, grandson and granddaughter. Also included are the step-, half- and in-law relationships based on the listing…

25 NCAC 01I .1703 CONFLICTING EMPLOYMENT No employee shall hold any office or have other employment which may conflict with his employment in an agency which is subject to the State Human Resources Act. Determination of conflict shall be made by the agency director. History Note:…

25 NCAC 01I .1704 PERSONNEL RECORDS AND REPORTS Such personnel records as are necessary for the proper administration of a personnel service system and related programs will be maintained. Periodic reports will be prepared as necessary to indicate compliance with applicable state…

SECTION .1800 - GENERAL PROVISIONS 25 NCAC 01I .1801 AUTHORITY FOR CLASSIFICATION PLAN (a) The State Human Resources Director is authorized to allocate and reallocate individual positions consistent with the basic established classification and pay plan. (b) The State Human Resou…

25 NCAC 01I .1802 POLICY ON ESTABLISHING MINIMUM QUALIFICATION STANDARDS (a) It shall be the policy of the state to establish job-related minimum qualification standards wherever they are practical for each class of work in the position classification plan. The standards will be …

25 NCAC 01I .1803 CLASSIFICATION METHOD History Note: Authority G.S. 126-4; Eff. August 3, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.