10A NCAC 01B .0102. WITHDRAWAL

(a)  All personnel funds concerning salaries and fringe benefits whether state or federal provided by or through the Department of Human Resources which are associated with the position(s) declared to be out‑of‑compliance will be permanently withheld or withdrawn from the agency from the beginning date of the non‑compliance until the date of notice of non‑compliance.  The originating agency will be advised that the situation must be rectified within 60 calendar days from the date of notice of non‑compliance.  All state or federal personnel funding for the affected position(s) also will be permanently withheld for that portion of the 60‑day period in which the matter is unresolved and until the matter is declared to be in compliance by the regional personnel director.

(b)  If the situation is not corrected in accord with applicable personnel and fiscal requirements by the end of the 60‑day period, the appropriate program division director will declare the agency "out‑of‑compliance".  An agency so declared will be denied all state and federal personnel funds provided by or through the Department of Human Resources for the full period during which the agency is in "out‑of‑compliance" status.  The declaration will be rescinded by the responsible program division director when the proposed resolution is certified consistent with the applicable state personnel policy and rules by the Director, Division of Personnel Management Services.

(c)  The Secretary of the Department of Human Resources may reduce the amount of disallowed costs to be repaid where clerical or administrative errors have created the out‑of‑compliance, rather than situations involving qualifications or certifications of personnel to perform assigned tasks.

 

History Note:        Authority G.S. 143B‑139.1;

Eff. July 6, 1977;

Amended Eff. March 2, 1992; November 1, 1989.