SUBCHAPTER 1C ‑ PERSONNEL ADMINISTRATION

 

SECTION .0100 ‑ EMPLOYMENT

 

25 NCAC 01C .0101          DUTIES OF THE SECTION

 

History Note:        Authority G.S. 126‑4; 126‑7; 126‑8;

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

25 NCAC 01C .0102          ORGANIZATION OF SECTION

 

History Note:        Authority G.S. 126‑3; 143B‑11;

Eff. February 1, 1976;

Repealed Eff. December 1, 1978.

 

 

 

25 NCAC 01C .0103          FORMS USE IN PERSONNEL ADMINISTRATION

 

History Note:        Authority G.S. 126‑4; 150B‑11(1);

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

 

 

 

SECTION .0200 ‑ GENERAL EMPLOYMENT POLICIES

 

 

25 NCAC 01C .0201          SCOPE AND AUTHORITY

The policies of general employment practices apply to all agencies of state government unless specifically modified by legislation or federal funding requirements.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976.

 

 

 

25 NCAC 01C .0202          EQUAL EMPLOYMENT OPPORTUNITY

 

History Note:        Authority G.S. 126-4; 126-5(c)(1)-(4); 126-16; 126-36; 168A-5(b)(3); P.L. 92-261, March 24, 1972; S.L. 2013-382, s. 7.1;

Eff. February 1, 1976;

Amended Eff. October 1, 2004; November 1, 1988; July 1, 1988; October 1, 1983; December 1, 1978;

Temporary Repeal Eff. February 28, 2014.

 

25 NCAC 01C .0203          EMPLOYMENT OF RELATIVES

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. March 1, 1980;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0204          COMMITMENTS AND POSITION VACANCY

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0205          AGE LIMITATIONS: GENERALLY

25 NCAC 01C .0206          LAW ENFORCEMENT OFFICERS

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Repealed Eff. July 1, 1977.

 

 

 

25 NCAC 01C .0207          MEDICAL EXAMINATIONS

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Repealed Eff. August 1, 1995.

 

 

 

25 NCAC 01C .0208          RE‑EMPLOYMENT OF RETIRED PERSONNEL

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Repealed Eff. July 1, 1977.

 

 

 

25 NCAC 01C .0209          QUALIFICATIONS

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. December 1, 1978;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0210          POLITICAL ACTIVITIES

Political activities of state employees are governed by the provisions of Article 5 of Chapter 126 of the North Carolina General Statutes and where applicable the Federal Hatch Political Activity Act.

 

History Note:        Authority G.S. 126‑13; 126‑14; 126‑15; 5 USCA 1501‑1508;

Eff. February 1, 1976.

 

 

 

25 NCAC 01C .0211          PERSONAL PROTECTIVE EQUIPMENT

 

History Note:        Authority G.S. 126‑4;

Eff. September 1, 1976;

Amended Eff. January 1, 1990; February 1, 1985; January 9, 1978;

Repealed Eff. July 1, 1995.

 

 

 

25 NCAC 01C .0212          INFORMATION ON GROUP INSURANCE PROGRAMS

 

History Note:        Authority G.S. 126‑4;

Eff. September 1, 1976;

Repealed October 1, 2004.

 

 

 

25 NCAC 01C .0213          INFORMATION SOURCES

 

History Note:        Authority G.S. 126‑4;

Eff. September 1, 1976;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0214          UNLAWFUL WORKPLACE HARASSMENT

 

History Note:        Authority G.S. 126-4; 126-16; 126-17; 126-36; 126-36.1;

Eff. December 1, 1980;

Amended Eff. November 1, 1988; April 1, 1983;

Temporary Amendment Eff. February 18, 1999;

Amended Eff. July 18, 2002;

Recodified to 25 NCAC 01J .1101 Eff. December 29, 2003.

 

25 NCAC 01C .0215          EMPLOYMENT CONTRACTS

(a)  Except as to apprenticeship agreements executed according to the provisions of G.S. Chapter 94 and except as to provisions of Paragraph (b) of this Rule, the following provisions apply to employment contracts:

(1)           No employee shall be required, as a condition of employment subject to N.C.G.S. Chapter 126 to enter into a contractual arrangement with any state agency as defined in 25 NCAC 01A .0103 for employment with that agency. No state agency may require, as a condition of employment, that an employee agree, in writing or otherwise, to a minimum specified length of employment.

(2)           No state agency may prohibit, as a condition of initial or continued employment, any employee from transferring to another state agency or university.

(3)           No state agency  may require, as a condition of employment, that an employee agree, in writing or otherwise, that a payment be made to the employing agency if a minimum specified period of employment is not met.

(4)           No agency may require the repayment of the cost of job training required by the employing agency as a condition of continued employment.

(b)  An agency that provides all or part of the cost of professional development seminars or other educational opportunities to employees that are not a requirement for the job and that are in excess of five thousand dollars ($5000) may condition the provision of agency funds upon agreement of the employee to repay the funds subject to the following conditions:

(1)           The employee is informed about the repayment provisions in advance,

(2)           The amount of time that the agency expects the employee to remain employed is clearly specified and does not exceed one year,

(3)           The prorated amount that the employee will have to repay for each month the employee leaves prior to the end of the term is specified in the agreement, and

(4)           The terms of the agreement are reduced to writing and the employee and the human resources director both sign the agreement.

 

History Note:        Authority G.S. 126-4(6);

Eff. September 1, 1989;

Amended Eff. June 1, 2008; November 1, 1990.

 

SECTION .0300 ‑ PERSONNEL RECORDS AND REPORTS

 

25 NCAC 01C .0301          MAINTENANCE OF RECORDS

The Office of State Personnel and the employing agency shall maintain such personnel records as required by statute and as the agency deems necessary for the proper administration of the personnel system.  Personnel records shall be kept open for public inspection in accordance with Article 7 of Chapter 126 of the North Carolina General Statutes.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0302          MAINTENANCE OF RECORDS OPEN TO PUBLIC INSPECTION

 

History Note:        Authority G.S. 126‑4; 126‑23; 126‑26;

Eff. February 1, 1976;

Amended Eff. January 1, 1989;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0303          PUBLIC INSPECTION

The information listed in G.S. 126-23 shall be made available for inspection and examination and copies thereof made by any person during regular business hours, subject to the following provisions:

(1)           All disclosures of records shall be accounted for by keeping a written record of the following information:  name of employee, information disclosed, data information requested, name and address of the person to whom the disclosure is made. The information must be retained for a period of two years.  This does not apply to the processing of personnel records or credit references.

(2)           Upon request, record of disclosure shall be made available to the employee to whom it pertains.

(3)           An individual examining a personnel record may copy the information; any available photocopying facilities may be provided and the cost may be assessed to the individual.

 

History Note:        Authority G.S. 126‑23; 126‑26;

Eff. February 1, 1976;

Amended Eff. November 1, 1988; October 1, 1977.

 

 

 

25 NCAC 01C .0304          Confidential information in personnel files

(a)  Except as provided in G.S. 126-23 and G.S. 126-24, personnel files of State employees are not subject to inspection and examination. .

(b)  Agencies shall maintain in personnel records only information that is relevant to accomplishing personnel administration purposes.

(c)  Information used in making a determination about employment or other personnel actions shall, to the extent practical, be obtained directly from the individual.  There may be instances where it is necessary to obtain information from other sources.  This may be obtained either directly from those sources or by the use of a consumer reporting agency.  If the consumer reporting agency is utilized, the requirements of the Fair Credit Reporting Act, Title VI of The Consumer Credit Protection Act (Public Law 91‑508) must be followed.

(d)  All information in an employee's personnel file shall be open for inspection and examination as set forth in G.S. 126-24.  For this purpose, supervisor is any individual in the chain of administrative authority above a given state employee within a pertinent state agency.  An official is a person who has official or authorized duties or responsibilities in behalf of an agency; it does not imply a necessary level of duty or responsibility.  This right to access includes the circumstances where one state agency is considering for employment a person who is or has been employed in another state agency; the head of the latter agency may release to an official of another agency information relative to the employee's job performance.

(e)  Each individual requesting access to confidential information shall submit proof of identity.

(f)  A record shall be made of each disclosure except to the employee or the supervisor.

 

History Note:        Authority G.S. 126‑24; 126‑26; 126‑29;

Eff. February 1, 1976;

Amended Eff. May 1, 2008; October 1, 2004, November 1, 1988; December 1, 1978; October 1, 1977.

 

25 NCAC 01C .0305          RECORDS OF FORMER EMPLOYEES AND APPLICANTS FOR EMPLOYMENT

 

History Note:        Authority G.S. 126‑22; 126‑24; 126‑26;

Eff. February 1, 1976;

Amended Eff. November 1, 1988; October 1, 1977;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0306          REMEDIES OF EMPLOYEES OBJECTING TO MATERIAL IN FILE

 

History Note:        Authority G.S. 126‑25; 126‑26;

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

 

 

 

25 NCAC 01C .0307          SAFEGUARDING CONFIDENTIAL INFORMATION

In order to insure that security and confidentiality of records, each agency shall establish administrative, technical and physical controls to protect confidential information from unauthorized access or disclosure.

 

History Note:        Authority G.S. 126‑23; 126‑26;

Eff. February 1, 1976.

 

 

 

25 NCAC 01C .0308          PENALTY FOR PERMITTING ACCESS TO CONFIDENTIAL FILE

25 NCAC 01C .0309          PENALTY FOR EXAMINING: COPYING CONFIDENTIAL FILE

 

History Note:        Authority G.S. 126‑24; 126‑26; 126‑28; 126‑37;

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

 

25 NCAC 01C .0308          PENALTY FOR PERMITTING ACCESS TO CONFIDENTIAL FILE

 

 

25 NCAC 01C .0309          PENALTY FOR EXAMINING: COPYING CONFIDENTIAL FILE

 

History Note:        Authority G.S. 126‑24; 126‑26; 126‑28; 126‑37;

Eff. February 1, 1976;

Repealed Eff. November 1, 1988.

 

 

 

25 NCAC 01C .0310          REPORTS

 

History Note:        Authority G.S. 126‑24; 126‑26;

Eff. February 1, 1976;

Amended Eff. November 1, 1988;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0311          EMPLOYEE OBJECTION TO MATERIAL IN FILE

An employee, former employee, or applicant objecting to material in his or her personnel file may follow the internal agency grievance procedure in order to bring the existence of inaccurate or misleading information to the attention of the agency, so long as that information is not a written disciplinary action or a performance appraisal.  If, during the agency grievance procedure, the agency agrees that the information should be removed or amended from the file, the agency shall remove or amend the information.  However, the employee may not appeal the agency's decision to the Office of Administrative Hearings.

 

History Note:        Authority G.S. 126-25;

Temporary Adoption Eff. May 23, 2014.

 

SECTION .0400 ‑ APPOINTMENT

 

 

25 NCAC 01C .0401          APPOINTMENT DEFINED

An appointment is the approval or certification of an applicant or employee to perform the duties and responsibilities of an established position subject to the provisions of the State Personnel Act.  The selection and appointment of all personnel into classified state service shall be made by the head of the agency subject to final approval of the State Personnel Director.

 

History Note:        Authority G.S. 126‑4(6);

Federal Standards for a Merit System of Personnel Administration;

Eff. February 1, 1976.

 

 

 

25 NCAC 01C .0402          PERMANENT APPOINTMENT

(a)  Permanent - A permanent appointment is a permanent full-time appointment to a permanent full-time established position. A permanent appointment shall be given when:

(1)           the requirements of the probationary period have been satisfied,

(2)           an employee in a trainee appointment has completed all training and experience requirements, or

(3)           a time-limited appointment extends beyond three years.

(b)  Time-limited Permanent - A time-limited permanent appointment is an appointment that has a limited duration to:

(1)           a permanent position that is vacant due to the incumbent's leave of absence and when the replacement employee's services will be needed for a period of one year or less,

(2)           a time-limited permanent position.  If an employee is retained in a time-limited permanent position beyond three years, the employee shall be designated as having a permanent appointment.

(c)  Employees with a permanent appointment earn leave, and receive total state service credit, retirement and health benefits, and when applicable, severance pay and priority reemployment consideration.

(d)  Employees with a time-limited permanent appointment earn leave, and receive total state service credit, retirement and health benefits.  They are not eligible for severance pay and priority reemployment.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. October 1, 2004, August 1, 1995; January 1, 1989; June 1, 1983; July 1, 1979.

 

 

 

25 NCAC 01C .0403          TRAINEE APPOINTMENTS

(a)  A trainee appointment may be made to a permanent position when:

(1)           the job specification includes provisions for a trainee progression leading to regular appointment;

(2)           recruitment efforts fail to attract qualified candidates;

(3)           operating need warrants a trainee; or

(4)           the recommended applicant fails to meet State education and experience requirements.

(b)  Employees with a trainee appointment earn leave, and receive total state service credit, retirement benefits, and health benefits.  Trainees not in time limited positions subject to a reduction in force who have completed six months of service or who had a permanent appointment prior to entering a trainee appointment shall receive severance pay as provided in G.S. 126-8.5 and priority reemployment consideration.

(c)  Employees with a trainee appointment shall work 24 continuous months to attain career status. An employee with a trainee appointment shall achieve career status but remain in a trainee appointment if the length of the trainee progression is greater than 24 months.

 

History Note:        Authority G.S. 126-1.1; 126-4;

Eff. February 1, 1976;

Amended Eff. October 1, 2004; August 1, 1995; August 1, 1978;

Temporary Amendment Eff. May 23, 2014.

 

25 NCAC 01C .0404          PROBATIONARY APPOINTMENTS

(a)  Reinstatements that follow a break in service or new hires receiving appointments to permanent or time-limited positions must serve a probationary period.  The probationary period is an extension of the selection process and provides the time for effective adjustment of the new employee or elimination of those whose performance does not meet acceptable standards.  The length of the probationary period shall be 24 months of either full-time or part-time employment from the actual date of employment.  Credentials and application information provided by the employee must be verified within 90 days of employment.  Agencies shall inform applicants in writing that credentials must be verified prior to the granting of a permanent or time-limited permanent appointment.

(b)  Employees with a probationary appointment earn leave, and receive total state service credit, retirement benefits, and health benefits.  They are not eligible for severance pay or priority reemployment consideration.

 

History Note:        Authority G.S. 96-29; 126-1.1; 126-4;

Eff. February 1, 1976;

Amended Eff. June 1, 1983; August 1, 1980; January 1, 1979; August 1, 1978;

Legislative Objection Lodged Eff. June 13, 1983;

Curative Amended Eff. June 22, 1983;

Amended Eff. December 1, 1985;

Temporary Amendment Eff. January 1, 1988 For a Period of 180 Days to Expire on June 28, 1988;

Amended Eff. August 1, 1995; March 1, 1988;

Temporary Amendment Eff. May 23, 2014.

 

25 NCAC 01C .0405          TEMPORARY APPOINTMENT

(a)  A temporary appointment is an appointment for a limited term, normally not to exceed three to six months, to a permanent or temporary position.  Upon request, the Office of State Personnel shall approve a longer period of time; but in no case shall the temporary employment period exceed 12 consecutive months.  (Exceptions for students and retired employees:  Students are exempt from the 12-months maximum limit.  If retired employees sign a statement that they are not available for nor seeking permanent employment, they may have temporary appointments for more than 12 months.  "Retired" is defined as drawing a retirement income and social security benefits.)

(b)  Employees with a temporary appointment do not earn leave, or receive total state service credit, health benefits, retirement credit, severance pay, or priority reemployment consideration.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. August 1, 1995; November 1, 1991; December 1, 1978.

 

 

 

25 NCAC 01C .0406          PERMANENT TRAINEE OR TIME-LIMITED PART-TIME

(a)  A permanent part-time appointment is an appointment of less than full-time to a permanent or time-limited permanent full-time position or to a permanent or time-limited permanent part-time budgeted position on a continuing basis.  (Employees with appointments less than 20 hours per week earn no benefits.)

(b)  Employees with permanent part-time appointments that are 20-29 hours per week or more earn leave benefits (pro-rated), total state service credit, and when applicable, severance pay and priority reemployment consideration.  They do not receive retirement credit or health benefits; however, they may belong to the group health plan by paying their own premiums.

(c)  Employees with permanent part-time appointments that are 30-39 hours per week or more for at least 9 months per year earn leave benefits (prorated), total state service credit, retirement credit, health benefits and when applicable, severance pay and priority reemployment consideration.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. August 1, 1995; June 1, 1983.

 

 

25 NCAC 01C .0407          TEMPORARY PART‑TIME APPOINTMENT

A temporary part‑time appointment is an appointment of less than full‑time for a limited term normally not to exceed three to six months.  Upon request, the Office of State Personnel shall approve a longer period of time; but in no case shall the temporary employment period exceed 12 consecutive months.  (Exception for students and retired employees:  Students are exempt from the 12‑months maximum limit.  If retired employees sign a statement that they are not available for nor seeking permanent employment, they may have temporary appointments for more than 12 months.  "Retired" is defined as drawing a retirement income and social security benefits.)  Employees with temporary appointments receive no benefits.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. August 1, 1995; November 1, 1991; December 1, 1978.

 

 

 

25 NCAC 01C .0408          INTERMITTENT APPOINTMENT

An intermittent appointment may be made to positions needed only for intermittent periods of time.  The intermittent service of an individual shall not exceed a total of nine months during any continuous 12‑month period except during extreme emergencies when such periods of time shall be extended for the duration of the emergency.  Employees with intermittent appointments receive no benefits.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. August 1, 1995; December 1, 1985.

 

 

 

25 NCAC 01C .0409          PRE‑VOCATIONAL STUDENT APPOINTMENT

This appointment is to be used to enable students to gain practical knowledge of and further prepare for the particular occupational area.  A suitable plan for training under close supervision must be developed for the individual; in the case of a co‑operative, work study, internship or similar appointment, the time schedule for work must be determined.  A copy of the plan must be submitted for approval by the State Personnel Director who is responsible for determining appropriate salary.  Upon successful completion of their training, individuals may be considered for any vacant position for which qualified.  Work time spent in a pre‑vocational student appointment may be counted toward the required probationary period.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. December 1, 1985; August 1, 1980.

 

 

 

25 NCAC 01C .0410          OTHER APPOINTMENTS UNDER COMPETITIVE SERVICE

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. June 1, 1983; August 1, 1980;

Repealed Eff. December 1, 1985.

 

 

 

25 NCAC 01C .0411          TYPES OF APPOINTMENTS PROVIDING PROBATIONARY PERIOD CREDIT

Satisfactory service during a probationary or trainee appointment may constitute part or all of the probationary period, which is 24 months of continuous service.  Employment in an intermittent appointment as defined in Rule .0408 of this Section shall not be credited toward the probationary period.

 

History Note:        Authority G.S. 126-1.1; 126-4;

Eff. December 1, 1985;

Amendment Eff. December 1, 1988;

Temporary Amendment Eff. May 23, 2014.

 

25 NCAC 01C .0412          PERSONNEL CHANGES SUBJECT TO/NOT SUBJECT TO A PROBATIONARY PERIOD

(a)  An additional probationary period shall not be required when any of the following changes are made:

(1)           promotion of a career State employee;

(2)           transfer of a career State employee;

(3)           demotion of a career State employee;

(4)           reinstatement after leave without pay; or

(5)           the return of a policy-making/confidential exempt employee to a nonpolicy-making position.

(b)  Personnel changes may be subject to a probationary period as provided in G.S. 126-1.1.  An employee with reduction in force priority consideration may be required to serve a new probationary period if the employee has a break in service of more than 31 days as outlined in 25 NCAC 01H .0901 (POLICY AND SCOPE).

 

History Note:        Authority G.S. 126-1.1; 126-4;

Eff. December 1, 1985;

Amended Eff. March 1, 1996; June 1, 1994;

Temporary Amendment Eff. May 23, 2014.

 

25 NCAC 01C .0413          SEASONAL HOURLY

 

History Note:        Authority G.S. 126‑4;

Eff. March 1, 1987;

Repealed Eff. March 1, 1989 in accordance with G.S. 150B‑59(c).

 

 

 

SECTION .0500 ‑ WORK SCHEDULE

 

 

25 NCAC 01C .0501          STANDARD WORKWEEK

The standard workweek for employees subject to the Personnel Act is 40 hours per week.  The normal daily work schedule is five days per week, eight hours a day plus a meal period.  Other schedules apply to part-time employees and some shift employees; agencies are responsible for determining the appropriate schedules for these employees.  Because of the nature of the various state activities, some positions require a workweek other than five days.  The normal daily work schedule may not apply to educational, hospital and similar institutions with schedules geared to round‑the‑clock service.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. October 1, 1992; August 1, 1985; June 1, 1982; May 1, 1981.

 

 

 

25 NCAC 01C .0502          VARIABLE WORK SCHEDULE

Agencies may choose to utilize a variable work schedule, that allows employees to choose a daily work schedule and meal period which, subject to agency necessities, is most compatible with their personal needs.  Supervisors are responsible for arranging operating procedures that are consistent with the needs of the agency and the public it serves, and at the same time can accommodate, as far as possible, the employee's choice of daily work schedules within the established limits.  If any adjustments of employee work schedules are necessary, this should be done as fairly and equitably as possible.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. October 1, 1992; August 1, 1985; February 1, 1983.

 

 

 

25 NCAC 01C .0503          IMPLEMENTATION

(a)  Each new employee shall be given detailed information about the variable work schedule and given the opportunity to select the schedule preferred prior to reporting for work.  Work schedules are to be associated with individuals and not with position, with the exception that there may be positions which must be filled on some predetermined schedule.  In these exceptional cases, applicants shall be informed of this predetermined schedule prior to any offer and acceptance of employment.

(b)  The employee and his/her supervisor shall agree upon the schedule to be followed, consistent with the needs of the agency.  The meal period may be scheduled within the normal work hours to meet the needs of the employee and the working unit but may not be used to shorten the workday.  A bona fide meal period is a span of at least 30 consecutive minutes during which an employee is completely relieved of duty. It is not counted as hours worked.  Any so-called "meal period" of less than 30 consecutive minutes must be considered as hours worked for employees who are non-exempt as defined by the Fair Labor Standards Act.

(c)  Each supervisor shall compile a record of the work schedules for all subordinates.

(d)  Agency administrators shall be responsible for providing adequate supervision for each work unit during the hours employees are scheduled to work.  This can be accomplished by sharing or by delegation of authority of supervisor.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. October 1, 1992; November 1, 1988; August 1, 1985; February 1, 1983.

 

 

 

25 NCAC 01C .0504          LIMITATIONS

(a)  An employee who arrives later than scheduled, may be permitted to make up deficit by working that much longer at the end of the workday if this is consistent with the work need of the agency.  Otherwise, the tardiness shall be charged to the appropriate leave category.  Supervisors shall be responsible for taking appropriate action to correct any abuse or misuse of this privilege which may include deductions from employee's pay.

(b)  If an employee reports to work early he/she may, with the supervisor's permission, begin work at that time and leave at a correspondingly early hour; otherwise, the employee shall wait in a designated area away from the work station.

(c)  If an employee leaves work early without permission, the time shall be deducted from the employee's pay or may be charged to the appropriate leave account if justified.

(d)  An employee may not work later than scheduled unless the supervisor has approved it due to workload.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. October 1, 1992; November 1, 1988; August 1, 1985; February 1, 1983.

 

 

 

25 NCAC 01C .0505          IMPLEMENTATION AND MAINTENANCE

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. February 1, 1983;

Repealed Eff. September 1, 1985.

 

 

 

25 NCAC 01C .0506          ADVERSE WEATHER CONDITIONS

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. August 1, 1985; December 1, 1978;

Repealed Eff. October 1, 2004.

 

 

 

25 NCAC 01C .0507          HOURS OF WORK DUE TO TIME CHANGE

(a)  When the time is changed from Eastern Standard Time to Daylight Savings Time, employees working during this interval only work seven hours rather than eight hours.  The employees must be held accountable for the hour that no work is performed.  The time may be charged to: vacation leave, or the employee may be allowed to make up the time within a reasonable length of time if it can be worked out satisfactorily with the immediate supervisor.

(b)  When the time changes from Daylight Savings Time to Eastern Standard Time, employees on duty at this change actually work a nine‑hour shift rather than the usual eight‑hour shift.  The state, under the overtime pay policy, must compensate for this additional hour.  In cases where the employees work in excess of 40 hours for the week, this must be compensated for at one and one‑half times the regular rate during the pay period.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. August 1, 1985; February 1, 1983.

 

 

 

25 NCAC 01C .0508          HOURS OF WORK AND OVERTIME PAY

 

History Note:        Authority G.S. 126‑4; 29 USC 201‑219;

Eff. February 1, 1976;

Repealed Eff. December 1, 1976.

 

 

 

25 NCAC 01C .0509          WORK OPTIONS PROGRAM

(a)  Purpose.  The Work Options Program is to develop and expand the use of variations in work schedules for state employees.  This program is intended to increase productivity in state services, benefit employee morale, and expand job opportunities for women, handicapped, senior citizens and other groups in the labor force whose experience is not presently available to the state.

(b)  Agency Responsibility.  Each participating agency shall develop and promulgate necessary administrative rules for a Work Options Program, or expand existing programs as needed, to make available to its employees a variety of work options appropriate to the service schedules of its various work units.  This program will be developed in cooperation with the technical assistance from the State Work Options coordinator.  Each participating agency shall designate an agency coordinator.  Training sessions for agency personnel to instruct them in the use of available work options shall be provided as part of the State Personnel Commission's Work Options Program.

(c)  Restrictions.  In fulfilling the stated purposes of this program, agencies shall take into reasonable account operating and service needs.  Specifically, this program shall not be administered in a way that reduces the total number of hours a day a state office normally is open to serve the public.

 

History Note:        Authority G.S. 126‑74 through 126‑79;

Eff. December 1, 1981;

Amended Eff. November 1, 1988; June 1, 1982.

 

 

 

SECTION .0600 ‑ COMPETITIVE SERVICE

 

25 NCAC 01C .0601          STANDARDS FOR A MERIT SYSTEM OF PERSONNEL ADMINISTRATION

 

History Note:        Authority 42 USC 246(a)(2)(f); 42 USC 246(d)(2)(f); 42 USC 291d(a)(8);

42 USC 302(a)(5)(A); 42 USC 602(a)(5)(A); 42 USC 705(a)(3)(A);

42 USC 1202(a)(5)(A); 42 USC 1352(a)(5)(A); 42 USC 1382(a)(5)(A);

42 USC 1396a(a)(4)(A); 42 USC 2674(b)(7); 42 USC 2684(a)(6);

87 Stat. 41; 86 Stat. 92; 42 USC 4573(a)(5); 42 USC 503(a)(1) and

29 USC 49d(b); 50 USC app. 2286(a)(4); 7 CFR 271.1(g); 45 CFR 14.5(b)(3)(i);

45 CFR 220.49(c); 29 CFR 1902.3(h); 29 USC 35(a)(6); 45 CFR 401.12;

29 USC 42‑1(c)(5); 45 CFR 402.7;

Eff. February 1, 1976;

Repealed Eff. October 1, 2006.

 

25 ncac 01c .0602          POSITIONS UNDER COMPETITIVE SERVICE

 

History Note:        Authority G.S. 126‑12; 42 USC 246(a)(2)(f); 42 USC 246(d)(2)(f);

42 USC 291d(a)(8); 42 USC 302(a)(5)(A); 42 USC 602(a)(5)(A);

42 USC 705(a)(3)(A); 42 USC 1202(a)(5)(A); 42 USC 1352(a)(5)(A);

42 USC 1382(a)(5)(A); 42 USC 1396a(a)(4)(A); 42 USC 2674(b)(7);

42 USC 2684(a)(6); 87 Stat. 41; 86 Stat. 92; 42 USC 4573(a)(5);

42 USC 503(a)(1) and 29 USC 49d(b); 50 USC app. 2286(a)(4);

7 CFR 271.1(g); 45 CFR 14.5(b)(3)(i); 45 CFR 220.49(c); 29 CFR 1902.3(h);

BLS Grant Application Kit, May 1, 1973, Supplemental Assurance No. 15A;

29 USC 35(a)(6) and 45 CFR 401.12; 29 USC 42‑1(c)(5) and 45 CFR 402.7;

Eff. February 1, 1976;

Amended Eff. October 1, 1980; March 1, 1979;

Repealed Eff. January 1, 2004.

 

SECTION .0700 ‑ SECONDARY EMPLOYMENT

 

25 NCAC 01C .0701          POLICY

The employment responsibilities to the state are primary for any employee working full‑time; any other employment in which that person chooses to engage is secondary.  An employee shall have approval from the agency head before engaging in any secondary employment.  The purpose of this approval procedure is to determine that the secondary employment does not have an adverse effect on the primary employment and does not create a conflict of interest.  The rules in this Section for secondary employment apply to all employment not covered by the policy on Dual Employment in the North Carolina State Budget Manual.

 

History Note:        Authority G.S. 126‑4;

Eff. August 1, 1978;

Amended Eff. October 1, 2004, May 1, 1989.

 

25 ncac 01c .0702          AGENCY RESPONSIBILITY

(a)  Secondary employment shall not be permitted when it would:

(1)           create either directly or indirectly a conflict of interest with the primary employment;

(2)           impair in any way the employee's ability to perform all expected duties, to make decisions and carry out in an objective fashion the responsibilities of the employee's position.

(b)  If the secondary employment has any impact on or may create any possibility of conflict with State operations, the Secondary Employment Form must be approved by the State Personnel Director in conjunction with the Board of Ethics.

(c)  Each agency shall establish its own specific criteria for approval of secondary employment based on work situation needs. Established criteria shall not be inconsistent with 25 NCAC 01C .0701 and .0702.

(d)  Each agency shall use a Secondary Employment Form that is consistent with the model provided by the Office of State Personnel.

 

History Note:        Authority G.S. 126‑4;

Eff. August 1, 1978;

Amended Eff. October 1, 2004, January 1, 2004.

 

25 NCAC 01C .0703          EMPLOYEE RESPONSIBILITY

(a)  The employee shall complete a Secondary Employment Form for any employment that is not covered by the Dual Employment Policy in the North Carolina State Budget Manual.

(b)  The employee shall update the Secondary Employment Form whenever there is any change in status or annually whichever occurs first.

 

History Note         Authority G.S. 126-4;

Eff. October 1, 2004.

 

SECTION .0800 -- REQUIREMENTS FOR TELEWORKING PROGRAMS

 

25 ncac 01c .0801          PURPOSE

Teleworking allows agencies to designate employees to work at alternate work locations for all or part of the workweek in order to promote general work efficiencies.

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. April 1, 2001;

Amended Eff. October 1, 2004.

 

25 ncac 01c .0802          COVERED EMPLOYEES

Teleworking is available as a work option in every agency for full time and part time classified, and "time limited" employees.  The decision whether to allow a position or an employee to telework is wholly within management discretion and is not appealable to the State Personnel Commission.

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. April 1, 2001.

 

25 ncac 01c .0803          DEFINITIONS OF TERMS

For purposes of this Rule, the terms below mean the following:

(1)           Alternate Work Location:  a work site other than a central workplace.  It may include employees' homes and satellite offices where official state business is performed.  An alternate work location does not include work a place where work is performed for limited periods of time or only an infrequent basis; nor an assigned duty station that may be located away from the central workplace.

(2)           Central Workplace:  An employee's assigned place of work or duty station owned or operated by the State or a site that is the primary workstation for field based employees.  Typically a central workplace is a duty station from which an employer along with employees in the same work unit perform the functions of their job.  However, an employee's home, in instances in which it is the primary workstation for field based employees, may be considered the central workplace.

(3)           Telework/Teleworking:  a flexible work arrangement in which supervisors direct or permit employees to perform their job duties away from their central workplace, in accordance with their same performance expectations and other approved or agreed-upon terms.  It does not include work performed at a temporary worksite for limited duration.

(4)           Teleworker:  an employee engaged in teleworking.

(5)           Teleworking Agreement:  a written agreement that details the terms and conditions by which an employee is allowed to engage in teleworking.

(6)           Work Schedule:  the employee's hours of work in the central workplace or in alternate work locations.

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. April 1, 2001.

 

25 ncac 01c .0804          OFFICE OF STATE PERSONNEL RESPONSIBILITIES

The Office of State Personnel shall provide guidance to State agencies developing teleworking programs.

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. April 1, 2001;

Amended Eff. October 1, 2004.

 

25 ncac 01c .0805          AGENCY DESIGNATES POSITION/EMPLOYER

Agencies may allow employees to engage in teleworking in compliance with the rules in this Section.  Each agency that permits teleworking must establish internal policies and procedures that identify the jobs that are designated as telecommutable and shall identify the criteria for selecting employees who are eligible to engage in teleworking.  The agency and employee shall mutually agree upon teleworking arrangements.  However, if business necessity dictates, an agency may require an employee to telework.  

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. April 1, 2001.

 

25 ncac 01c .0806          CONDITIONS OF EMPLOYMENT

The policies and procedures that normally apply to the workplace shall remain the same as for non-teleworking employees.  This shall include, but not be limited to, performance management.  Teleworking assignments do not change the conditions of employment or required compliance with policies and rules.

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. April 1, 2001.

 

 

25 NCAC 01C .0807          DESIGNATION OF AN AGENCY TELEWORKING COORDINATOR

25 NCAC 01C .0808          DESIGNATION OF EMPLOYEES FOR TELEWORK ARRANGEMENT

25 NCAC 01C .0809          DESIGNATION OF EMPLOYEES FOR TELEWORK ARRANGEMENT

25 NCAC 01C .0810          DESIGNATION OF EMPLOYEES FOR TELEWORK ARRANGEMENT

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000.

 

25 NCAC 01C .0811          DESIGNATION OF TERMS OF TELEWORKING ARRANGEMENTS

All teleworking arrangements shall memorialize in writing the mutual teleworking responsibilities of the participants in the arrangement.  Each participant in a teleworking arrangement must sign the document that contains the terms of the teleworking arrangement.  At a minimum, the document shall define the parameters of the teleworking arrangement and shall comply with the policy provision below.

(1)           Compensation and Benefits - An employee's compensation and benefits will not change when he/she teleworks.

(2)           Safety and Liability.  An agency shall establish procedures that provide reasonable assurance that materials, equipment and furniture supplied the employee at the alternate work location comply with safety standards.

(3)           Restricted-Access Materials - Agency supervisors must grant permission for teleworkers to work on restricted-access information or materials at alternate work locations.  Teleworkers shall agree to follow agency-approved security procedures in order to ensure confidentiality and security of data.

(4)           Work Hours - The total number of hours that employees are expected to work will not change, whether they are worked at the central or at the alternate work location.  This does not, however, restrict the use of alternative work schedules.  Agencies must ensure that procedures are in place to track the work hours of employees who telework and to document the hours worked by employees covered by the Fair Labor Standards Act.  Employees shall apply themselves to their work during designated work hours.  A teleworker during the designated work hours shall not be the primary care taker for a dependent child or adult.

(5)           Equipment and Software - An agency shall set forth in their policies and procedures conditions by which the State will pay for telephone and services furnished to teleworkers.

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. July 18, 2002.

 

 

 

25 NCAC 01C .0812          DESIGNATION OF TERMS OF TELEWORKING ARRANGEMENTS

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000.

 

25 NCAC 01C .0813          TERMINATION OF TELEWORKING ARRANGMENT

The agency may terminate the teleworking agreement at its discretion.  Termination of a teleworking arrangement by management is not grievable to the State Personnel Commission under personnel policies.  All other grievable rights shall be set forth in the agency policy.

 

History Note:        Authority G.S. 126-4; S.L. 1999-328;

Temporary Adoption Eff. January 19, 2000;

Temporary Adoption Expired on November 11, 2000;

Eff. July 18, 2002.

 

SECTION .0900 ‑ EMPLOYEE RECOGNITION PROGRAMS

 

25 NCAC 01C .0901          STATE PERSONNEL RESPONSIBILITY

The Office of State Personnel shall establish Employee Recognition Programs.  Agencies shall establish and maintain employee recognition programs that, at a minimum, recognize employee excellence, years of dedicated service, and other employee recognition.  Agencies shall develop a plan for employee recognition programs that includes administration in an equitable manner and incorporates how the program will be communicated to employees statewide.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. December 1, 1995;

Recodified from 25 NCAC 01J .0401 Eff. December 29, 2003.

 

25 NCAC 01C .0902          AGENCY RESPONSIBILITY

Agencies shall administer their programs which shall, as a minimum, recognize employee's service beginning with five years of service and in increments of five years thereafter.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. December 1, 1995;

Recodified from 25 NCAC 01J .0404 Eff. December 29, 2003.

 

25 NCAC 01C .0903          ELIGIBILITY REQUIREMENTS

Employees with full‑time or part‑time (20 hours or more) permanent appointments shall be eligible for awards based on the employees' total state service.  The calculation shall be based on the definition in 25 NCAC 01D .0112 for total state service.

 

History Note:        Authority G.S. 126‑4(10);

Eff. February 1, 1976;

Amended Eff. July 1, 1983;

Temporary Amendment Eff. January 1, 1989 for a Period of 180 Days to Expire on June 29, 1989;

Amended Eff. December 1, 1995; May 1, 1989; March 1, 1989;

Recodified from 25 NCAC 01J .0406 Eff. December 29, 2003;

Amended Eff. October 1, 2006.

 

SECTION .1000 ‑ SEPARATION

 

25 NCAC 01C .1001          DEFINED

Separation from state service occurs when an employee leaves the payroll for reasons listed in this Section or upon death.  Policies stated in this Section, except for leave provisions, do not apply to employees in positions designated exempt pursuant to G.S. 126‑5(c).

 

History Note:        Authority G.S. 126‑4; 126‑5(c);

Eff. February 1, 1976;

Amended Eff. May 1, 1989; October 1, 1977;

Recodified from 25 NCAC 01D .0501 Eff. December 29, 2003.

 

25 NCAC 01C .1002          RESIGNATION

An employee may terminate his services with the state by submitting a resignation to the appointing authority.  Employees shall be paid in a lump sum for accumulated vacation leave.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Recodified from 25 NCAC 01D .0502 Eff. December 29, 2003;

Amended Eff. October 1, 2004, November 1, 1988; February 1, 1983.

 

 

25 NCAC 01C .1003          RETIREMENT

An employee may retire when he is eligible and applies for immediate retirement benefits from the Teachers' and State Employees' Retirement System or the Law Enforcement Officers' Benefit and Retirement Fund.  Employees are paid in a lump sum for accumulated vacation leave.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. November 1, 1988; February 1, 1983;

Recodified from 25 NCAC 01D .0503 Eff. December 29, 2003.

 

25 NCAC 01C .1004          REDUCTION IN FORCE

(a)  A State government agency may separate an employee whenever it is necessary due to shortage of funds or work, abolishment of a position or other material change in duties or organization.  Retention of employees in classes affected shall be based on systematic consideration of all the following factors: type of appointment, relative efficiency, actual or potential adverse impact on the diversity of the workforce and length of service.  However, neither temporary, probationary nor trainee employees in their initial six months of training shall be retained where an employee with a permanent appointment must be separated in the same or related class.

(b)  Agency Responsibilities:

(1)           Each agency shall develop a written policy for reduction in force which meets its particular needs and provides assurance to employees that potential reductions shall be considered on a fair and systematic basis in accordance with factors defined in the reduction-in-force policy.  The policy of each agency shall be filed with the Office of State Personnel as a public record; and

(2)           Each agency shall inform the employee of separation as soon as possible and inform the employee of the priority reemployment consideration available.  The agency shall provide employees with a minimum of 30 calendar days written notification of separation prior to the effective date of the reduction in force.

(c)  Appeals: An employee may appeal the separation if it is alleged that the separation is in retaliation for the employee's opposition to alleged discrimination against the employee on account of the employee's age, sex, race, color, national origin, religion, creed, political affiliation, or disabling condition as defined by Chapter 168A of the General Statutes.  An employee may appeal the separation if it is alleged that the separation is a denial of the veterans' preference granted in connection with a reduction in force for an eligible veteran as provided in Chapter 126, Article 13.  The appeal may be made either through the agency internal grievance procedure or may be filed directly with the Office of Administrative Hearings, at the choice of the employee.

(d)  The agency must analyze any application of its reduction-in-force policy to determine its impact on equal employment opportunity in accordance with the Equal Employment Opportunities Commission's Uniform Guidelines on Employee Selection Procedures.

(e)  Severance Salary Continuation:  Severance salary continuation shall be administered in accordance with the rules contained in 25 NCAC 01D .2700.  Pursuant to G.S. 126-8.5, the Office of State Budget and Management is responsible for determining whether severance continuation is applicable.  Prior approval shall be received from the Office of State Budget and Management before severance salary continuation is paid.

 

History Note:        Authority G.S. 126-4(2);

Eff. February 1, 1976;

Amended Eff. May1, 1980; January 1, 2980;

Emergency Amendment (a) Eff. March 16, 1981 for a Period of 77 Days to Expire on June 1, 1981;

Emergency Amendment (a) Made Permanent with Change Eff. April 8, 1981;

Amended Eff. December 1, 1995; March 1, 1994; November 1, 1990; March 1, 1987;

Recodified from 25 NCAC 01D .0504 Eff. December 29, 2003;

Amended Eff. October 1, 2009; March 1, 2005.

 

25 NCAC 01C .1005          DISMISSAL

Dismissal is involuntary separation for cause and should be made in accordance with the provisions of the policy on disciplinary action, suspension and dismissal (see 25 NCAC 01J, Section .0600, DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL).  Employees who are dismissed are paid in a lump sum for accumulated annual leave.

 

History Note:        Authority G.S. 126‑4;

Eff. February 1, 1976;

Amended Eff. January 1, 1989;

Recodified from 25 NCAC 01D .0505 Eff. December 29, 2003.

 

25 NCAC 01C .1006          VOLUNTARY RESIGNATION WITHOUT NOTICE

An employee who is absent from work and does not contact the employer for three consecutive scheduled workdays may be separated from employment as a voluntary resignation.  The separation creates no right of grievance or appeal pursuant to the State Personnel Act (G.S. Chapter 126).  A factor to be considered when determining whether the employee should be deemed to have voluntarily resigned is the employee's culpability in failing to contact his or her employer.

 

History Note:        Authority G.S. 126‑4(7a);

Eff. November 1, 1989;

Recodified from 25 NCAC 01D .0518 Eff. December 29, 2003;

Amended Eff. September 1, 2004.

 

 

25 NCAC 01C .1007          UNAVAILABILITY WHEN LEAVE IS EXHAUSTED

(a)  An employee may be separated on the basis of unavailability when the employee becomes or remains unavailable for work after all applicable leave credits and benefits have been exhausted and agency management does not grant a leave without pay.

(b)  Prior to separation, the employing agency shall notify the employee in writing, of the proposed separation, the efforts undertaken to avoid separation and why the efforts were unsuccessful. 

(c)  The employing agency must also give the employee a letter of separation stating the specific reasons for the separation and setting forth the employee's right of appeal.  Such a separation is an involuntary separation, and not a disciplinary dismissal as described in G.S. 126-35, and may be grieved or appealed.  The burden of proof on the agency in the event of a grievance is not just cause as that term exists in G.S. 126‑35.  Rather, the agency's burden is to prove that the employee was unavailable, that reasonable efforts were undertaken to avoid separation, and the reason the efforts were unsuccessful. 

(d)  Definitions:

(1)           Unavailability is defined as the employee's inability to return to all of the position's essential duties and work schedule due to a medical condition or the vagueness of a medical prognosis; or the employee and the agency cannot reach agreement on a return to work arrangement that meets both the needs of the agency and the employee's medical condition; and

(2)           Applicable leave credits is defined as the sick, vacation and bonus leave the employee chose to exhaust prior to going on leave without pay.

 

History Note         Authority G.S. 126‑4(7a); 126‑35;

Eff. November 1, 1989;

Recodified from 25 NCAC 01D .0519 Eff. December 29, 2003;

Amended Eff. January 1, 2007; October 1, 2004.

 

25 NCAC 01C .1008          APPOINTMENT ENDED

An "Appointment Ended" separation occurs when an employee who is exempt pursuant to G.S. 126-5 is separated for reasons other than cause.  These separations may occur whenever the Agency Head or the Governor determines that the services of the employee are no longer needed.

 

History Note:        Authority G.S. 126-4; 126-5;

Eff. March 1, 1996;

Recodified from 25 NCAC 01D .0520 Eff. December 29, 2003;

Amended Eff. October 1, 2004.

 

25 NCAC 01C .1009          SEPARATION: PAYMENT OF VACATION LEAVE

Payment for vacation leave shall be in accordance with 25 NCAC 01E .0210.

 

History Note:        Authority G.S. 28A-25-6; 126-4;

Eff. February 1, 1976;

Amended Eff. March 1, 1989, December 1, 1988, January 1, 1983;

Temporary Amendment Eff. January 1, 1989, for a Period of 180 Days to Expire June 29, 1989;

Amended Eff. July 1, 1995;

Recodified from 25 NCAC 01E .0210 Eff. December 29, 2003;

Amended Eff. December 1, 2008; October 1, 2004.