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 statewide journey 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 must receive the job offer over an outside applicant.

(c)  "Substantially equal qualifications" occur when the employer cannot make a reasonable 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. 126‑1A; 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, 2007.