South Carolina Administrative Code

19-717.01. STATEMENTS OF POLICY A. The Division of State Human Resources (DSHR) shall develop a progressive discipline model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s progressive discipline po…

19-718. STATE EMPLOYEE GRIEVANCES AND APPEALS SCOPE AND PURPOSE This Regulation sets forth the procedures for grievances and appeals under the State Employee Grievance Procedure Act (the Act), codified at Section 8-17-310 through Section 8-17-370 of the South Carolina Code of Law…

19-718.01. STATEMENTS OF POLICY A. The Division of State Human Resources shall develop a grievance model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s grievance policy. B. Each agency shall develo…

19-718.02. INTERNAL AGENCY GRIEVANCE PROCEDURES A. Each notice of an employment action by an agency that may constitute a grievance under the Act should be in writing. A voluntary acceptance of such an action on the part of a covered employee should also be in writing. The notice…

19-718.03. COVERED EMPLOYEES AND THEIR REPRESENTATIVES A. ‘‘Covered employee’’ means a full-time or part-time employee occupying a part or all of an established full-time equivalent (FTE) position who has completed the probationary period and has a ‘‘meets’’ (or equivalent) or hi…

19-718.04. GRIEVANCES A. Grievable adverse actions shall include: 1. Terminations; 2. Suspensions; 3. Involuntary reassignments in excessive of thirty (30) miles from the prior work station; NOTE: The reassignment of an employee by an agency in excess of thirty (30) miles from th…

19-718.05. APPEALS TO THE STATE HUMAN RESOURCES DIRECTOR A. If a covered employee is not satisfied with the agency’s final decision concerning his grievance, he may appeal, after all administrative remedies to secure relief within the agency have been exhausted, to the State Huma…

19-718.06. MEDIATION PRIOR TO STATE EMPLOYEE GRIEVANCE COMMITTEE HEARINGS A. ‘‘Mediation’’ means an alternative dispute resolution process whereby a mediator who is an impartial third-party acts to encourage and facilitate the resolution of a dispute without prescribing what it s…

19-718.07. APPEALS FORWARDED TO THE STATE EMPLOYEE GRIEVANCE COM- MITTEE A. If a resolution through mediation as required by Section 19-718.06 of the State Human Resources Regulations cannot be accomplished, the State Human Resources Director shall forward the appeal to the desig…

19-718.08. APPEALS FORWARDED TO A MEDIATOR-ARBITRATOR A. ‘‘Mediation-arbitration’’ means an alternative dispute resolution process that provides for the submission of an appeal to the mediator-arbitrator, an impartial third party who conducts conferences to attempt to resolve the…

19-718.09. APPELLATE REVIEW OF ANY FINAL DECISION Either party may seek appellate review to the Administrative Law Court from a final decision by the State Human Resources Director denying an appeal or by the State Employee Grievance Committee or mediator-arbitrator. A. A notice …

19-718.10. REINSTATEMENT OF LEAVE An employee who involuntary separates from State service and whose employment is reinstated through the agency’s internal grievance procedure, mediation agreement or by the State Employee Grievance Committee shall have his sick leave restored and…

19-719. COMPUTATION OF BACK PAY AND APPROVAL OF PERSONNEL SETTLE- MENTS SCOPE AND PURPOSE This Regulation sets forth the procedures for computing back pay and approval of personnel settlements. HISTORY: Added by SCSR 48-9, eff September 27, 2024.

19-719.01. COMPUTATION OF BACK PAY A. Reinstatement of pay resulting from a reversed disciplinary action or suspension pending investigation of an employee shall be less any other related income received, such as unemployment compensation, workers’ compensation, State retirement …

19-719.02. APPROVAL OF PERSONNEL SETTLEMENT A. It is the policy of the State Fiscal Accountability Authority that personnel settlement proposals which include monetary statements for both covered and non-covered employees be presented to the State Fiscal Accountability Authority …

19-720. SEPARATION FROM STATE SERVICE SCOPE AND PURPOSE This Regulation governs how the State government employment relationship may end. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2…

19-720.01. CONTINUOUS STATE SERVICE AND BREAK IN SERVICE A. Continuous State Service Continuous State service is service with one or more agencies without a break in service. B. Break in Service An employee experiences a break in service when the employee: 1. Separates from State…

19-720.02. RESIGNATION A. An employee may resign orally or in writing. Such notification of resignation should be accepted by the agency in the same manner as provided, whether written or oral, and an oral acceptance of a resignation should be generally confirmed in writing. Once…

19-720.03. TERMINATION For purposes of the State Employee Grievance Procedure Act, termination is the action taken by an agency against an employee to separate the employee involuntarily from employment. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 200…

19-720.04. REDUCTION IN FORCE A. Statements of Policy 1. The Division of State Human Resources shall develop a reduction in force model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s reduction in f…

19-720.05. EXIT INTERVIEWS A. Each agency should establish a procedure for obtaining separation information from each employee who voluntarily separates from State service. This procedure should include an exit interview to reflect the specific reasons for the employee’s separati…

19-720.06. ANNUAL AND SICK LEAVE UPON SEPARATION A. Section 19-709.05 explains the applicable annual leave provisions when an employee separates from State service. B. Section 19-710.06 explains the applicable sick leave provisions when an employee separates from State service. H…

19-721. RECORDKEEPING SCOPE AND PURPOSE This Regulation governs the recordkeeping requirements for human resources programs. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010; State Re…

19-721.01. STATEMENT OF POLICY Each agency shall establish and maintain all records required by State law or DSHR concerning human resources programs. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, …

19-721.02. EMPLOYEE RECORDS A. Each agency shall establish and maintain an official human resources file for each employee which shall include, but not necessarily be limited to, the following: 1. Employment application; 2. All human resources actions reflecting the employee’s wo…

19-721.03. RECORDS RELEASE A. In response to requests for information from human resources records, agencies may provide, pursuant to the Freedom of Information Act, an employee’s name, date of employment, title, sex, and race. The determination to disclose other types of informa…

19-750. Single Cooperative Interagency Merit System. ARTICLE I MERIT PRINCIPLES Applicants and employees covered by this regulation, hereinafter referred to as the Merit System Rule, shall be recruited, selected, and advanced on the basis of their relative knowledges, skills, and…

19-775. STATE EMPLOYEE GRIEVANCE COMMITTEE REGULATIONS.

19-775.01. Persons Entitled to Bring Proceedings. All permanent State employees meeting the conditions specified in the State Employee Grievance Act of 1982 may bring proceedings before the State Employee Grievance Committee. HISTORY: Amended by State Register Volume 11, Issue No…

19-775.02. Nature of Grievances. Based on Section 8-17-330, 1976 Code of Laws of South Carolina, as amended, grievances shall include dismissals, suspensions, involuntary reassignments, and demotions. Reclassifications, reassign- ments, and transfers to the same pay grade are not…

19-775.03. Appeals. Grievances shall be appealable through the Director of the Office of Human Resources to the State Employee Grievance Committee. The Director of the Office of Human Resources shall assemble all records, reports and documentation of the earlier proceedings on th…

19-775.04. Preliminary Attempt to Resolve Grievance. Once an appeal has been made to the Director of the Office of Human Resources and has been determined to be appealable to the Committee, the Director of the Office of Human Resources or the Director’s designee shall review the …

19-775.05. Notice of Hearings. The Director of the Office of Human Resources shall notify Committee members, Committee Attorney and all other parties concerned of the date, time and place of grievance hearings and request their presence. HISTORY: Amended by State Register Volume …

19-775.06. Records and Papers; Administrative and Clerical Assistance. The Director of the Office of Human Resources shall arrange for the reproduction of pertinent files, records and papers and distribute copies to the members of the Committee that will hear the grievance and to…

19-775.07. Witnesses and Representatives. The following shall apply regarding witnesses and representatives. A. After a grievance appeal has been determined to be grievable to the Committee and has been placed on the Committee’s docket, representatives for the appellant and the a…

19-775.08. Time Limitations for Requested Materials. Any files, records and papers requested by the Director of the Office of Human Resources from the agency should be forwarded no more than ten (10) days following the request. Any other files, records and papers submitted by eit…

19-775.09. Copies of Records. Each employee granted a hearing before the Grievance Committee will receive a copy of the files, records and papers submitted by the agency. In like manner, a copy of any files, records and papers filed by an employee will be sent to the agency. HIST…

19-775.10. Subpoenas; Expenses of Witnesses. The Committee Chairman or his designee is authorized to issue subpoenas for files, records, and papers deemed pertinent to any investigation, and to subpoena witnesses at the request of either party. All subpoenas to be issued relating…

19-775.11. Place of Hearings. Committee hearings shall be held in appropriate facilities within the Office of Human Resources, Columbia, South Carolina, unless otherwise specified by the Committee. HISTORY: Amended by State Register Volume 18, Issue No. 2, eff February 25, 1994; …

19-775.12. Forms to be Used. The Office of Human Resources shall develop standard forms to be used in all grievance procedures. HISTORY: Amended by State Register Volume 18, Issue No. 2, eff February 25, 1994; State Register Volume 19, Issue No. 6, eff June 23, 1995.

19-775.13. Members of Committee. The State Employee Grievance Committee shall consist of 18 members who shall be appointed by the State Budget and Control Board in accordance with the Act. A quorum shall consist of at least four Committee members. No hearing may be conducted with…

19-775.14. Attendance at Hearings. All proceedings of the Grievance Committee shall be in executive session unless the employee requests a public hearing in accordance with the Freedom of Information Act. If the hearing is held in executive session, only the parties involved in a…

19-775.15. Recording of Proceedings. All proceedings before the Committee shall be recorded by the Office of Human Resources. The tape shall be preserved in accordance with the retention schedule of the Office of Human Resources. The tapes will not be transcribed unless the Budge…

19-775.16. Representation by Advisor or Counsel. Each employee involved in an appeal before the Committee may be represented by an advisor or legal counsel.

19-775.17. Conduct of Proceedings. As presiding officer, the Committee Chairman or his designee shall conduct the grievance hearing in an equitable, orderly, and expeditious fashion. The Committee will give effect to rules of privilege recognized by law. Parties will abide by the…

19-775.18. Order of Appearance. The employee shall present his case first followed by the agency. The employee will have the option of closing first or last. HISTORY: Amended by State Register Volume 18, Issue No. 2, eff February 25, 1994.

19-775.19. Oath or Affirmation of Witnesses. The testimony of witnesses shall be under oath or affirmation.