North Carolina Administrative Code

25 NCAC 01I .1804 ALLOCATION OF POSITIONS TO CLASSIFICATION PLAN Every covered position in local government shall be allocated to an appropriate class in the classification plan. The allocation of a position is its assignment to a class containing all positions which are sufficie…

25 NCAC 01I .1805 PROVISIONS FOR TENTATIVE TEMPORARY CLASSIFICATION The State Human Resources Director is authorized to establish temporary classifications with tentative pay grades when insufficient market compensation information is available to make permanent classification an…

25 NCAC 01I .1806 NEW AND ADDITIONAL PERMANENT: FULL OR PART-TIME POSITIONS The duties of a budgeted position must be defined and the position must be assigned to an official classification in the salary plan. History Note: Authority G.S. 126-4; Eff. August 3, 1992; Pursuant to G…

SECTION .1900 - RECRUITMENT AND SELECTION 25 NCAC 01I .1901 RECRUITMENT History Note: Authority G.S. 126-4; Eff. August 3, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01I .1902 POSTING AND ANNOUNCEMENT OF VACANCIES (a) Vacant positions to be filled shall be posted by the agency having the vacancy. (b) Vacancies that will be filled from within the agency workforce shall have an application period of not less than seven calendar days. Th…

25 NCAC 01I .1903 APPLICANT INFORMATION AND APPLICATION (a) Persons applying for a local vacancy must complete and submit the application form designated by the hiring authority. Local agencies are not required to accept applications for a position that is not vacant. (b) Each ag…

25 NCAC 01I .1904 VETERAN'S PREFERENCE History Note: Authority G.S. 126-4; Eff. August 3, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01I .1905 SELECTION (a) Selection of Applicants: (1) As set forth in G.S. 126-14, using fair and valid selection criteria, the agency shall review the credentials of each applicant in order to determine who possesses the minimum qualifications including selective criteria…

SECTION .2000 - APPOINTMENT AND SEPARATION 25 NCAC 01I .2001 APPOINTMENT History Note: Authority G.S. 126-4; Eff. August 3, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01I .2002 TYPES OF APPOINTMENTS AND DURATION (a) Probationary Appointment: The probationary period is an essential extension of the selection process and provides the time for effective adjustment of the new employee or elimination of those whose performance will not meet…

25 NCAC 01I .2003 PROMOTION (a) Promotion is an advancement from one position to another with a higher salary grade. (b) Selection for promotion shall be based upon demonstrated capacity and quality of services. If a promotion results from movement to another position, the candid…

25 NCAC 01I .2004 DEMOTION OR REASSIGNMENT Demotion or reassignment is a change in status resulting from assignment of a position to a lower classification level. It may result from the choice of the employee, reallocation of a position, inefficiency in performance, unacceptable …

25 ncac 01I .2005 SEPARATION Separation occurs when an employee leaves the payroll for reasons indicated in this Rule or because of death. Employees who have acquired permanent status are not subject to involuntary separation or suspension except for cause or reduction-in-force. …

SECTION .2100 - COMPENSATION 25 NCAC 01I .2101 COMPENSATION PLAN (a) The compensation plan shall include a schedule of salary ranges and rules for salary administration. Within basic policies and rules established by the State Human Resources Commission, local jurisdictions may e…

25 NCAC 01I .2102 ESTABLISHMENT OF SALARY SCHEDULE (a) Local jurisdictions shall establish and administer salary schedules which meet basic approval requirements of the State Human Resources Commission as follows: (1) The schedule must consist of series of salary ranges with mini…

25 NCAC 01I .2103 SALARY RATES (a) New Appointments. The entrance salary rate for an employee in a non-trainee appointment shall be at the minimum of the range or at a salary rate within the salary range assigned to the class that is consistent with job-related education, job-rel…

25 NCAC 01I .2104 PAY STATUS History Note: Authority G.S. 126-4; Eff. August 3, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01I .2105 OTHER PAY History Note: Authority G.S. 126-4; 126-5; 126-9; Eff. August 3, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016; Repealed Eff. September 1, 2019.

25 NCAC 01I .2106 ASSIGNMENT OF CLASSES WITHIN SALARY SCHEDULE (a) Within an approved salary schedule, local jurisdictions may determine salary range assignments for competitive service classes. The following basic requirements shall be adhered to in making salary range assignmen…

25 NCAC 01I .2107 PROCEDURES FOR SUBMISSION AND APPROVAL (a) By the beginning date of each fiscal year and at times of any change during interim periods, a designated or modified salary schedule, and a list of salary range assignments to classes will be submitted to the State Hum…

25 NCAC 01I .2108 Compensation of Area Mental Health Directors (a) The salary of an Area Mental Health Director shall be established by the area board of the Local Management Entity and shall be within the salary range recommended for Area Mental Health Directors by the Office of…

SECTION .2200 - HOURS OF WORK AND OVERTIME COMPENSATION 25 NCAC 01I .2201 HOURS OF WORK AND OVERTIME COMPENSATION History Note: Authority G.S. 126-4; Eff. August 3, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .2300 - DISCIPLINARY ACTION: SUSPENSION, DISMISSAL AND APPEALS 25 NCAC 01I .2301 JUST CAUSE FOR DISCIPLINARY ACTION (a) Any employee, regardless of occupation, position, or profession may be warned, demoted, suspended or dismissed by the appointing authority. Such actions…

25 NCAC 01I .2302 DISMISSAL FOR UNSATISFACTORY PERFORMANCE OF DUTIES (a) Unsatisfactory Job Performance is work-related performance that fails to meet job requirements as specified in the job description, work plan, or as directed by the management of the work unit or agency. (b)…

25 NCAC 01I .2303 DISMISSAL FOR GROSSLY INEFFICIENT JOB PERFORMANCE (a) Grossly inefficient job performance is a type of unacceptable personal conduct and means the employee fails to perform job requirements as specified in the job description, work plan, or as directed by the ma…

25 NCAC 01I .2304 DISMISSAL FOR UNACCEPTABLE PERSONAL CONDUCT (a) Employees may be dismissed for a current incident of unacceptable personal conduct without any prior active disciplinary actions. For unacceptable personal conduct, any level of discipline may be imposed without wa…

25 NCAC 01I .2305 WRITTEN WARNING The supervisor shall monitor the performance of work assignments and assure that employees do not engage in unacceptable personal conduct. All types of performance-related job inadequacies may constitute unsatisfactory job performance under this …

25 NCAC 01I .2306 DISCIPLINARY SUSPENSION WITHOUT PAY (a) An employee may be suspended without pay for disciplinary purposes for unsatisfactory job performance after the receipt of at least one prior disciplinary action or without any prior warning for causes relating to any form…

25 NCAC 01I .2307 DEMOTION (a) Any employee may be demoted as a disciplinary measure. Demotion may be made on the basis of either unsatisfactory or grossly inefficient job performance or unacceptable personal conduct. (1) Unsatisfactory Job Performance. An employee may be demoted…

25 ncac 01i .2308 PROCEDURAL REQUIREMENTS The following procedural requirements must be followed to issue disciplinary action under this Section: (1) WRITTEN WARNING-to issue a written warning to an employee a supervisor must issue the employee a written warning, detailing the ma…

25 NCAC 01I .2309 SPECIAL PROVISIONS (a) GRANDFATHER PROVISIONS - The following Grandfather provisions establish the force and effect of disciplinary actions in existence on December 1, 1995. (1) Oral warnings - any oral warning existing on December 1, 1995 is deemed void and has…

25 NCAC 01I .2310 APPEALS (a) An employee with career status as defined in G.S. 126-1.1 who has been demoted, suspended, or dismissed shall have 15 calendar days from the date of his or her receipt of written notice of the action to file an appeal pursuant to his or her agency gr…

SECTION .2400 - BASIC REQUIREMENTS FOR A "SUBSTANTIALLY EQUIVALENT" PERSONNEL SYSTEM 25 NCAC 01I .2401 SYSTEM PORTION I: RECRUITMENT, SELECTION, AND ADVANCEMENT General Requirement. Recruiting, selecting and advancing employees will be on the basis of their relative ability, know…

25 NCAC 01I .2402 SYSTEM PORTION II: CLASSIFICATION/COMPENSATION General Requirement. A current, equitable, and adequate position classification and compensation plan will be provided. (1) Position Classification Requirement. Job Evaluation (syn. classification) plans will be bas…

25 NCAC 01I .2403 SYSTEM PORTION III: TRAINING General Requirement. Employees will be trained as needed to assure high quality performance. History Note: Authority G.S. 126-11; Eff. August 3, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest…

25 NCAC 01I .2404 SYSTEM PORTION IV: EMPLOYEE RELATIONS (a) In order to be declared substantially equivalent in the area of employee relations, a county shall adopt a policy that includes the following policy provisions: (1) A provision that employees shall not be disciplined, in…

25 NCAC 01I .2405 SYSTEM PORTION V: EQUAL EMPLOYMENT OPPTY/AFFIRMATIVE ACTION History Note: Authority G.S. 126-11; Eff. August 3, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01I .2406 SYSTEM PORTION VI: POLITICAL ACTIVITY General Requirement. Employees will be protected against coercion for partisan political purposes, and will be prohibited from using their official authority for the purpose of interfering with or affecting the result of an …

25 NCAC 01I .2407 CONDITION OF PRIVILEGE A substantially equivalent personnel system exemption, approved by the State Human Resources Commission under NCGS 126-11, is a condition of privilege; a local government jurisdiction may operate its own system of personnel administration …

25 NCAC 01I .2408 ONGOING EXPECTATIONS In order that the Office of State Human Resources shall have access to the information and materials necessary to an informed judgment of whether an exempted, local personnel system remains substantially equivalent, local jurisdictions desir…

25 NCAC 01I .2409 OSP ASSISTANCE The Office of State Human Resources is available to provide counsel and technical assistance on matters of substantial equivalency at any time. Such assistance shall be provided within the limits of available staff and administrative resources. Co…

25 NCAC 01I .2410 SYSTEM ADVANCEMENTS History Note: Authority G.S. 126-11; Eff. October 10, 1992; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 1J - EMPLOYEE RELATIONS SECTION .0100 - EMPLOYEE RELATIONS SECTION 25 NCAC 01J .0101 AUTHORITY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. October 1, 1977; Repealed Eff. August 1, 1978.

25 NCAC 01J .0102 ORGANIZATION History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. December 1, 1978.

SECTION .0400 - EMPLOYEE RECOGNITION PROGRAMS 25 NCAC 01J .0401 STATE PERSONNEL RESPONSIBILITY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1995; Recodified to 25 NCAC 01C .0901 Eff. December 29, 2003.

25 NCAC 01J .0404 AGENCY RESPONSIBILITY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1995; Recodified to 25 NCAC 01C .0902 Eff. December 29, 2003.

25 NCAC 01J .0405 EXEMPT EMPLOYEES History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. December 1, 1995.

25 NCAC 01J .0406 ELIGIBILITY REQUIREMENTS History Note: Filed as a Temporary Amendment Eff. January 1, 1989 for a Period of 180 Days to Expire on June 29, 1989; Authority G.S. 126-4(10); Eff. February 1, 1976; Amended Eff. December 1, 1995; May 1, 1989; March 1, 1989; July 1, 19…

25 NCAC 01J .0603 APPEALS (a) A career employee who has been demoted, suspended, or dismissed shall have 15 calendar days from the date of his or her receipt of written notice of such action to file an appeal with his department/university grievance procedure. If an employee does…

25 NCAC 01J .0604 JUST CAUSE FOR DISCIPLINARY ACTION (a) Any employee, regardless of occupation, position or profession may be warned, demoted, suspended or dismissed by the appointing authority. Such actions may be taken against career employees as defined by the State Human Res…