25 NCAC 01B .0414. SITUATIONS IN WHICH ATTORNEY'S FEES MAY BE AWARDED

For cases arising before August 21, 2013, attorney's fees may be awarded by the State Human Resources Commission only in the following situations:

(1)           the grievant is reinstated in accordance with Rule .0428 of this Section;

(2)           the grievant is awarded back pay from either a demotion or a dismissal, without regard to whether the grievant has been reinstated;

(3)           the grievant is determined, by the Commission or by the agency's internal grievance procedure, to have been discriminated against or harassed in violation of G.S. 126-16 or G.S. 126-36;

(4)           the grievant is awarded back pay as the result of a successful grievance alleging a violation of G.S. 126-7.1;

(5)           the grievant is the prevailing party in a final appeal of a Commission decision; or

(6)           any combination of the situations listed in this Rule.

Attorney's fees may be awarded when any of the above situations occur, either within the agency internal grievance procedure, in an appeal to the State Human Resources Commission, or in an appeal of a State Human Resources Commission decision.

 

History Note:        Authority G.S. 126-4(11);

Eff. September 1, 1987;

Amended Eff. March 1, 1996; July 1, 1989;

Temporary Amendment Eff. February 18, 1999;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. May 23, 2014.