25 NCAC 01J .0615. SPECIAL PROVISIONS

(a)  PLACEMENT ON INVESTIGATION - Investigation status is used to temporarily remove an employee from work status.  Placement on investigation with pay does not constitute a disciplinary action as defined in this Section or in G.S. 126-35.  Management must notify an employee in writing of the reasons for investigatory placement not later than the second scheduled work day after the beginning of the placement.  An investigatory placement with pay may last no longer than 30 calendar days without written approval of extension by the agency head and the State Human Resources Director. The State Human Resources Director shall approve an extension of the period of investigatory status with pay, for no more than an additional 30 calendar days, for one or more of the following reasons:

(1)           The matter is being investigated by law enforcement personnel, and the investigation is not complete;

(2)           A management individual who is necessary for resolution of the matter is temporarily unavailable; or

(3)           A person or persons whose information is necessary for resolution of the matter is/are temporarily unavailable.

(b)  When an extension beyond the 30-day period is required, the agency must advise the employee in writing of the extension, the length of the extension, and the reasons for the extension.  If no action has been taken by an agency by the end of the 30-day period and no further extension has been granted, the agency shall either take appropriate disciplinary action on the basis of the findings upon investigation or return the employee to active work status. It is not permissible to use placement on investigation status for the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee.

(c)  It is permissible to place an employee in investigation status with pay only under the following circumstances:

(1)           To investigate allegations of performance or conduct deficiencies that would constitute just cause for disciplinary action;

(2)           To provide time within which to schedule and conduct a pre-disciplinary conference; or

(3)           To avoid disruption of the work place and to protect the safety of persons or property.

(d)  CREDENTIALS - Some duties assigned to positions in the state service may be performed only by persons who are licensed, registered or certified as required by the relevant law, rule, or provision.  All such requirements and restrictions shall be specified in the statement of essential qualifications or recruitment standards for classifications established by the State Human Resources Commission.  Employees in such classifications shall obtain and maintain current, valid credentials as required by law.  Failure to obtain or maintain the legally required credentials constitutes a basis for dismissal without prior warning, consistent with dismissal for unacceptable personal conduct or grossly inefficient job performance.  An employee who is dismissed for failure to obtain or maintain credentials shall be dismissed under the procedural requirements applicable to dismissals for unacceptable personal conduct or grossly inefficient job performance.  Falsification of employment credentials or other documentation in connection with securing employment constitutes just cause for disciplinary action.  When credential or work history falsification is discovered after employment with a state agency, disciplinary action shall be administered as follows:

(1)           If an employee was determined to be qualified and was selected for a position based upon falsified work experience, education, registration, licensure or certification information that was a requirement for the position, the employee must be dismissed in accordance with 25 NCAC 01J .0608.

(2)           In all other cases of post-hiring discovery of false or misleading information, disciplinary action shall be taken, but the severity of the disciplinary action shall be at the discretion of the agency head.

(3)           When credential or work history falsification is discovered before employment with a state agency, the applicant shall be disqualified from consideration for the position in question.

(e)  Every disciplinary action shall include notification to the employee in writing of any applicable appeal rights.

(f)  Warnings and placement on investigation with pay are not grievable unless an agency specifically provides for such a grievance in its agency grievance procedure.  Absent an allegation of a violation of G.S. 126-25, warnings shall not appealable to the State Human Resources Commission.

(g)  An agency shall furnish to an employee as an attachment to the written documentation of any grievable disciplinary action, a copy of the agency grievance procedure.

(h)  Each state agency shall adopt and submit to the State Human Resources Commission an internal grievance procedure that includes as an attachment an agency employee relations policy which:

(1)           Sets out the manner and mechanism with which employees are notified of changes in agency policy and State Human Resources Commission rules;

(2)           Sets out the policy on the use of disciplinary suspension and the procedure for the issuance of warnings;

(3)           Sets out the policy on the retention of warnings and other disciplinary actions in employee personnel files; and

(4)           Sets out the policy on how an employee may access the employee's personnel file.

(i)  Each state agency shall maintain records and provide the OSP information and statistics on the discipline and dismissal process commencing in January 1996 and every year thereafter.

(j)  Each state agency shall insure that designated personnel are trained in the administration of this Section.

 

History Note:        Authority G.S. 126-4; 126-25; 126-35;

Eff. October 1, 1995;

Amended Eff. January 1, 2011; April 1, 2005.