section .0900 - REDUCTION-IN-FORCE - PRIORITY REEMPLOYMENT

25 NCAC 01H .0901         Reduction in force application and appeal

(a)  The rules in this Section apply to employees notified of or separated due to a reduction in force.

(b)  Priority consideration shall be provided to career State employees who have received written notification of imminent separation due to reduction in force. An employee who is separated from a time-limited position is not eligible for priority consideration unless the time-limited appointment extends beyond three years.

(c)  A career State employee, as defined in G.S. 126-1.1, with priority consideration who has reason to believe priority consideration was denied in violation of G.S. 126 in a selection decision, and who chooses to appeal shall appeal through the agency grievance process as set forth in G.S. 126-34.01 and the Office of Administrative Hearings contested case process as set forth in G.S. 126-34.02.

History Note:        Authority G.S. 126-1A; 126-5(c)(2); 126-5(d)(1); 126-7.1;

Eff. March 1, 1987;

Amended Eff. December 1, 1995; March 1, 1994; June 1, 1992; March 1, 1991;

Recodified from 25 NCAC 01D .0510 Eff. December 29, 2003;

Amended Eff. February 1, 2007;

Temporary Amendment Eff. May 23, 2014;

Amended Eff. April 1, 2015;

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