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 (salary grade equivalency) or has a higher market rate and the eligible employee is in competition with outside applicants.

(b)  If it is determined that an eligible employee and an outside applicant have "substantially equal qualifications," then the eligible employee shall receive the job offer over an outside applicant.

(c)  "Substantially equal qualifications" occur when the employer cannot make a reasonable and justifiable determination that the job‑related qualifications held by one applicant are significantly better suited for the position than the job‑related qualifications held by another applicant.

(d)  For purposes of this Rule, an outside applicant is any applicant who is not a member of the State government workforce as defined in 25 NCAC 01H .0631(c).

History Note:        Authority G.S. 126‑4; 126‑7.1;

Temporary Adoption Eff. October 1, 1987, for a Period of 180 Days to Expire on March 28, 1988;

ARRC Objection January 21, 1988;

Curative Eff. November 1, 1988;

Amended Eff. March 1, 1994;

Recodified from 25 NCAC 01H .0625 Eff. December 29, 2003;

Amended Eff. February 1, 2016; February 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.