CHAPTER 1 ‑ DEPARTMENTAL RULES
SUBCHAPTER 1A ‑ GENERAL PROVISIONS AND ORGANIZATION
SECTION .0100 ‑ GENERAL PROVISIONS
13 ncac 01A .0101 NAME: ADDRESS: HOURS
13 ncac 01a .0102 purpose
13 ncac 01a .0103 commissioner
13 ncac 01A .0104 deputy commissioner: assistant to the commissioner
History Note: Authority G.S. 95‑1; 95-2; 95‑4; 95-11; 143A‑67; 143A-68;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. April 1, 2001.
13 ncac 01a .0201 divisions
History Note: Authority G.S. 74‑24.19; 94‑4; 95‑4; 95‑11; 95‑12; 95‑35; 95‑36.3; 95‑47.9; 95‑69.12; 95‑133; 143A‑69;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. April 1, 2001.
13 NCAC 01A .0202 CONTROLLER'S OFFICE
13 NCAC 01A .0203 COMMUNICATIONS OFFICE
13 NCAC 01A .0204 PERSONNEL OFFICE
History Note: Authority G.S. 95‑4;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
SUBCHAPTER 01B ‑ RULE‑MAKING AND ADMINISTRATIVE HEARING PROCEDURES
SECTION .0100 ‑ rule-making
13 NCAC 01B .0101 INSTRUCTIONS FOR FILING A PETITION FOR RULE-MAKING
(a) Any person may petition the Commissioner of Labor to adopt a new permanent rule, or amend or repeal an existing permanent rule by submitting a rule-making petition to the Rulemaking Coordinator, N.C. Department of Labor, 1101 Mail Service Center, Raleigh, NC 27699-1101.
(b) The petition shall be titled "Petition for Rule-making" and shall include the following information:
(1) the name and address of the person submitting the petition;
(2) a citation to any rule for which an amendment or repeal is requested;
(3) the text of any proposed rule or amended rule; and
(4) a statement of the effect of the requested rule change on the Department of Labor to include the effect on those over whom the agency has jurisdiction.
(1) documents or data supporting the petition;
(2) a statement of the reasons for adoption of the proposed rule(s), amendment, or repeal of an existing rule(s), to include why the proposed rule(s) or amendment is requested;
(3) a statement explaining the costs and computation of the cost factors, if known;
(4) a description, including named entities, if known, of those most likely to be affected by the proposed rule(s);
(5) the statutory authority for the agency to promulgate the rule(s); and
(6) any other information the person submitting the petition considers relevant.
(d) The Commissioner of Labor shall grant or deny a petition for rule-making within 30 days of the date the rule-making petition is received by the agency. In making the decision, the Commissioner of Labor shall consider the information submitted with the petition and any other relevant information.
(e) In the review of the proposed permanent rule, the Commissioner of Labor shall consider whether the Department has authority to adopt the rule; the effect of the proposed rule on existing rules, programs, and practices; probable costs and cost factors of the proposed rule; and the impact of the rule on the public and regulated entities.
(f) When the Commissioner of Labor denies a petition for rule-making, a written notice of the denial shall be sent to the person who submitted the request. The notice shall state the reason for the denial.
(g) When the Commissioner of Labor grants a rule-making petition, the Rulemaking Coordinator shall initiate permanent rule-making proceedings and send written notice of the proceedings to the person who submitted the request.
History Note: Authority G.S. 95-4(2); 150B-20;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. April 1, 2001; July 1, 1988; December 1, 1985;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018;
Amended Eff. May 1, 2022; January 1, 2020.
13 ncac 01b .0102 MAILING LIST
(a) Any person or agency desiring to be placed on the mailing list for the Department's rule-making notices issued pursuant to G.S. 150B-21.2(d) may file a request in writing to the Commissioner of the Department at 1101 Mail Service Center Raleigh, NC 27699-1101.
(b) The request shall:
(1) include the person's name and address;
(2) specify the subject areas within the authority of the Department for which notice is requested; and
(3) state the calendar year(s) for which the notice is desired.
History Note: Authority G.S. 95‑4(2); 150B-21.2;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. April 1, 2001;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018;
Amended Eff. May 1, 2022.
13 ncac 01b .0103 DISPOSITION OF PETITIONS
History Note: Authority G.S. 95‑4(2); 150B‑16;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. April 1, 2001;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018;
Repealed Eff. May 1, 2022.
SECTION .0200 ‑ NOTICE OF RULE‑MAKING HEARINGS
13 NCAC 01B .0201 TIMING OF NOTICE
History Note: Authority G.S. 95‑4(2); 150B‑12(2);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
13 ncac 01b .0202 NOTICE MAILING LIST
13 ncac 01B .0203 additional information
History Note: Authority G.S. 95‑4; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 1988; December 1, 1985;
Repealed Eff. April 1, 2001.
SECTION .0300 ‑ RULE‑MAKING HEARINGS
13 ncac 01b .0301 REQUEST TO PARTICIPATE
13 ncac 01b .0302 contents of request: general time limitations
13 ncac 01b .0303 receipt of request: specific time limits
13 ncac 01b .0304 written submissions
13 ncac 01b .0305 presiding officer: powers and duties
13 ncac 01b .0306 statement of reasons for decision
13 ncac 01b .0307 record of proceedings
History Note: Authority G.S. 95‑4; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 1988; December 1, 1985;
Repealed Eff. April 1, 2001.
13 NCAC 01B .0308 EMERGENCY RULES
History Note: Authority G.S. 95‑4; 74A‑1; 150B‑13;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
SECTION .0400 ‑ DECLARATORY RULINGS
13 ncac 01b .0401 SUBJECTS OF DECLARATORY RULINGS
13 ncac 01b .0402 submission of request for ruling
13 ncac 01b .0403 disposition of requests
13 ncac 01b .0404 record of decision
13 ncac 01b .0405 definition
History Note: Authority G.S. 95‑4; 150B‑17;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 1988; December 1, 1985;
Repealed Eff. April 1, 2001.
SECTION .0500 ‑ ADMINISTRATIVE HEARING PROCEDURES
13 ncac 01b .0501 RIGHT TO HEARING
13 ncac 01b .0502 petition for hearing
History Note: Authority G.S. 95‑4; 150B‑23;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 1988; December 1, 1985;
Repealed Eff. April 1, 2001.
13 NCAC 01B .0503 GRANTING OR DENYING HEARING REQUESTS
13 NCAC 01B .0504 NOTICE OF HEARING
13 NCAC 01B .0505 WHO SHALL HEAR CONTESTED CASES
13 NCAC 01B .0506 PETITION FOR INTERVENTION
13 NCAC 01B .0507 TYPES OF INTERVENTION
13 NCAC 01B .0508 DISQUALIFICATION OF HEARING OFFICERS
History Note: Authority G.S. 95‑4; 150B;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. December 1, 1985;
Repealed Eff. July 1, 1988.
SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES
13 NCAC 01B .0601 FAILURE TO APPEAR
History Note: Authority G.S. 95‑4; 150B‑25(a);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
13 ncac 01b .0602 SIMPLIFICATION OF ISSUES
History Note: Authority G.S. 95‑4; 150B‑33;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. April 1, 2001.
13 NCAC 01B .0603 SUBPOENAS
13 NCAC 01B .0604 DEPOSITIONS
History Note: Authority G.S. 95‑4(2); 150B‑27; 150B‑28(a);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. December 1, 1985;
Repealed Eff. July 1, 1988.
13 ncac 01b .0605 REQUEST FOR DEPARTMENT RECORDS
13 nCAC 01b .0606 assistance of counsel
13 ncac 01b .0607 final decisions in administrative hearings
13 ncac 01b .0608 applicability
History Note: Authority G.S. 95-4; 95‑4(2); 150B-2(2); 150B-23(a); 150B‑28(b); 150B-36;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. April 1, 2001.
SUBCHAPTER 1C ‑ PERSONNEL RULES
SECTION .0100 ‑ AFFIRMATIVE ACTION POLICY
13 NCAC 01c .0101 GENERAL PROVISIONS
13 ncac 01c .0102 assignment of responsibility
13 ncac 01c .0103 job structuring
History Note: Authority G.S. 95‑4(2);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 1988;
Repealed Eff. April 1, 2001.
13 NCAC 01C .0104 TRAINING AND EDUCATION
13 NCAC 01C .0105 PROGRAM EVALUATION
History Note: Authority G.S. 95‑4(2);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
13 ncac 01c .0106 DISCRIMINATION COMPLAINTS
History Note: Authority G.S. 95‑4(2);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. April 1, 2001.
SECTION .0200 ‑ EMPLOYMENT POLICY
13 ncac 01c .0201 GENERAL PROVISIONS
13 NCAC 01C .0202 application procedure
13 ncac 01c .0203 job vacancy announcements
13 ncac 01c .0204 interview procedures
13 ncac 01c .0205 hiring procedures
History Note: Authority G.S. 95‑4(2);
Eff. February 1, 1976;
Amended Eff. October 7, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 1988;
Repealed Eff. April 1, 2001.
13 NCAC 01C .0206 ORIENTATION PROCEDURES
History Note: Authority G.S. 95‑4(2);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
SECTION .0300 ‑ PARKING POLICY
13 NCAC 01C .0301 PARKING POLICY
13 NCAC 01C .0302 EXCEPTION TO POLICY
History Note: Authority G.S. 143‑340(18);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
SECTION .0400 ‑ EMPLOYEE APPRAISAL AND INCREMENT RULES
13 NCAC 01C .0401 PERFORMANCE APPRAISAL
13 NCAC 01C .0402 MERIT INCREMENT AWARD
History Note: Authority G.S. 95‑4;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.
SECTION .0500 ‑ GRIEVANCE PROCEDURES
13 NCAC 01C .0501 GENERAL PROVISIONS
13 NCAC 01C .0502 DISCUSSION WITH IMMEDIATE SUPERVISOR
13 NCAC 01C .0503 APPEAL TO PERSONNEL OFFICER
13 NCAC 01C .0504 APPEAL TO EMPLOYEE GRIEVANCE COMMITTEE
13 NCAC 01C .0505 FINAL DECISION BY COMMISSIONER
13 NCAC 01C .0506 APPEAL TO THE STATE PERSONNEL COMMISSION
History Note: Authority G.S. 95‑4(2); 126‑34;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. July 1, 1988.