25 NCAC 01H .0701. GENERAL PROVISIONS

(a)  It is recognized that certain applicants for positions of State employment may receive a priority over other applicants for the position.  Priority consideration in certain situations may be accorded to the following applicants:

(1)           Career State employees applying for a position that is a higher salary grade (or salary grade equivalency) as provided in 25 NCAC 01H .0800;

(2)           Career State employees who have received written notification of imminent separation due to a reduction in force;

(3)           Eligible employees in positions which are designated as exempt policymaking and who have less than 10 years of cumulative State service in subject positions as provided in 25 NCAC 01H .1000;

(4)           Eligible employees in positions which are designated as exempt managerial and who have less than 10 years of cumulative State service in subject positions and who have been removed from the exempt position for reasons other than cause but not because the employee's selection violated G.S. 126-14.2, as provided in 25 NCAC 01H .1000;

(5)           Eligible employees in positions which are designated as exempt managerial and who have less than 10 years of cumulative State service and who have been removed from the exempt managerial position because the employee's selection violated G.S. 126-14.2, as provided in 25 NCAC 01H .1000; and

(6)           Eligible veterans applying for initial employment or subsequent employment in State government, as provided in 25 NCAC 01H .1100.

(b)  The priority consideration listed in Subparagraph (a)(6) of this Rule may only be asserted against substantially equal or less qualified non-veteran outside applicants or other State employees who do not fall into any of the categories listed in Subparagraphs (a)(1) – (a)(5) of this Rule.

(c)  The priority consideration listed in Subparagraphs (a)(3), (a)(4) and (a)(5) of this Rule may be defeated by an employee with the priority listed in Subparagraph (a)(2) of this Rule or by a current State employee who has greater cumulative State service in positions subject to the State Human Resources Act. The selected applicant must meet the minimum qualifications, including training, experience, competencies and knowledge, skills and abilities.

 

History Note:        G.S. 126-4; 126-82; 128-15;

Eff. February 1, 2007;

Amended Eff. June 1, 2008.