NC Register Volume 19 Issue 06 - Office of Administrative Hearings

More documents

Recommendations

Info

APPROVED RULES25 NCAC 01I .2005 SEPARATIONSeparation occurs when an employee leaves the payroll forreasons indicated in this Rule or because of death. Employeeswho have acquired permanent status will not be subject toinvoluntary separation or suspension except for cause orreduction-in-force. The following are types of separation:(1) Resignation or Retirement. An employee mayterminate his services with the agency bysubmitting a resignation or request forretirement to the appointing authority at leasttwo weeks prior to his last day of work.(2) Dismissal. Dismissal is involuntary separationfor cause, and shall be made in accordancewith the provisions of 25 NCAC 1I.2300Disciplinary Action: Suspension, Dismissaland Appeals.(3) Reduction-in-Force. For reasons ofcurtailment of work, reorganization, or lack offunds the appointing authority may separateemployees. Retention of employees in classesaffected shall be based on systematicconsideration of type of appointment, length ofservice, and relative efficiency. No permanentemployee shall be separated while there areemergency, intermittent, temporary,probationary, or trainee employees in theirfirst six months of the trainee progressionserving in the same or related class, unless thepermanent employee is not willing to transferto the position held by the non-permanentemployee, or the permanent employee doesnot have the knowledge and skills required toperform the work of the alternate positionwithin a reasonable period of orientation andtraining given any new employee. Apermanent employee who was separated byreduction-in-force may be reinstated at anytime in the future that suitable employmentbecomes available. The employer may chooseto offer employment with a probationaryappointment. The employee must meet thecurrent minimum education and experiencestandard for the class to which he is beingappointed.(4) Voluntary Resignation Without Notice. Anemployee who is absent from work and doesnot contact the employer for three consecutiveworkdays may be separated from employmentas a voluntary resignation. Such separationscreate no right of grievance or appeal pursuantto the State Personnel Act (G.S. Chapter 126).A factor to be considered when determiningwhether the employee should be deemed tohave voluntarily resigned is the employee’sculpability in failing to contact his or heremployer.(5) Separation Due to Unavailability When Leaveis Exhausted. An employee may be separatedon the basis of unavailability when theemployee becomes or remains unavailable forwork after all applicable leave credits andbenefits have been exhausted and agencymanagement does not grant a leave withoutpay for reasons deemed sufficient by theagency. Such reasons include but are notlimited to, lack of suitable temporaryassistance, criticality of the position, budgetaryconstraints. Such a separation is aninvoluntary separation, and not a disciplinarydismissal as described in G.S. 126-35, andmay be grieved or appealed. Prior toseparation the employing agency shall meetnotify the employee in writing of the proposedseparation, the efforts undertaken to avoidseparation and why the efforts wereunsuccessful. The employee shall have theopportunity in writing to propose alternativemethods of accommodation. If the proposedaccommodations are not possible, the agencymust notify the employee of that fact and theproposed date of separation. If the proposedaccommodations or alternativeaccommodations are being reviewed, theagency must notify the employee that suchaccommodations are under review and give theemployee a projected date for a decision onthis. Involuntary separation pursuant to thispolicy may be grieved or appealed. Theemploying agency must also give theemployee a letter of separation stating thespecific reasons for the separation and settingforth the employee’s right of appeal. Theburden of proof on the agency in the event of agrievance is not just cause as that term existsin G.S. 126-35. Rather, the agency’s burden isto prove that the employee was unavailableand that the agency considered the employee’sproposed accommodations for hisunavailability and was unable to make theproposed accommodations or other reasonableaccommodations. Agencies shall make effortsto place an employee so separated pursuant tothis Rule when the employee becomesavailable, if the employee desires, consistentwith other employment priorities and rights.However, there is no mandatory requirementplaced on an agency to secure an employee,separated under this Rule, a position in anyagency.History Note: Authority G.S. 126-4;Eff. August 3, 1992;Amended Eff. September 1, 2004; December 1, 1994.19:06 NORTH CAROLINA REGISTER September 15, 2004638
RULES REVIEW COMMISSIONThis Section contains information for the meeting of the Rules Review Commission on Thursday, August 19, 2004, 10:00 a.m.at 1307 Glenwood Avenue, Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before theCommission should submit those comments by Monday, September 13, 2004 to the RRC staff, the agency, and the individualCommissioners. Specific instructions and addresses may be obtained from the Rules Review Commission at 919-733-2721.Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to the meeting.RULES REVIEW COMMISSION MEMBERSAppointed by SenateJim R. Funderburke - 1st Vice ChairDavid Twiddy - 2nd Vice ChairThomas Hilliard, IIIRobert SaundersJeffrey P. GrayAppointed by HouseJennie J. Hayman - ChairmanGraham BellLee SettleDana E. SimpsonDr. John TartRULES REVIEW COMMISSION MEETING DATESSeptember 16, 2004October 21, 2004 November 18, 2004December 16, 2004RULES REVIEW COMMISSIONJULY 22, 2004MINUTESThe Rules Review Commission met on Thursday, July 22, 2004, in the Assembly Room of the Methodist Building, 1307 GlenwoodAvenue, Raleigh, North Carolina. Commissioners present were: Graham Bell, Jim Funderburk, Thomas Hilliard, Robert Saunders,Lee Settle, Dana Simpson, and John Tart.Staff members present were: Joseph DeLuca, Staff Director; Bobby Bryan, Rules Review Specialist; and Lisa Johnson, AdministrativeAssistant.The following people attended:Tony ArnoldLonnie ChristopherHa NguyenSteve DirksenCynthia TemoshenkoWalter JamesMcNeil ChestnutKerry AdamsEllie SprenkelBill HaleDana SholesJulie BrincefieldSid HarrellRondra McMillanSharon StroudCynthia MoseleyNadine PfeifferMercidee BentonDavid MickeyMelissa FifferCraig SmithPreston HowardDENRBanking CommissionBanking CommissionBoard of Funeral ServicesBuilding CodeDepartment of InsuranceAttorney/Banking CommissionDepartment of JusticeDepartment of InsuranceAttorneyOffice of Administrative HearingsOffice of Administrative HearingsDENRDepartment of AdministrationDepartment of AdministrationDepartment of AdministrationDHHS/Division of Facility ServicesDHHS/Division of Facility ServicesBlue Ridge Environmental Defense LeagueBlue Ridge Environmental Defense LeagueDHHS/DFS/CONManufacturers and Chemical Industry Council19:06 NORTH CAROLINA REGISTER September 15, 2004639
Page 1 and 2:
NORTH CAROLINAREGISTERIN THIS ISSUE
Page 3 and 4:
NORTH CAROLINA REGISTERPublication
Page 5 and 6:
EXECUTIVE ORDERSEXECUTIVE ORDER NO.
Page 7 and 8: EXECUTIVE ORDERSThis Executive Orde
Page 9 and 10: IN ADDITIONNC DENR will provide aux
Page 11 and 12: IN ADDITION1. In construction where
Page 13 and 14: PROPOSED RULESNote from the Codifie
Page 15 and 16: PROPOSED RULES(5) four or more crim
Page 17 and 18: PROPOSED RULESAuthority G.S. 17E-4;
Page 19 and 20: PROPOSED RULESSECTION .0700 - MINIM
Page 21 and 22: PROPOSED RULEStraining in all topic
Page 23 and 24: PROPOSED RULESassignments. Instruct
Page 25 and 26: PROPOSED RULESthan one year, then t
Page 27 and 28: PROPOSED RULESexpiration of the ins
Page 29 and 30: PROPOSED RULESOF ON-SITE SUBSURFACE
Page 31 and 32: PROPOSED RULESdemonstration backups
Page 33 and 34: PROPOSED RULESthat the standards se
Page 35 and 36: PROPOSED RULESsubsequent changes in
Page 37 and 38: PROPOSED RULES(6) "Successful Compl
Page 39 and 40: PROPOSED RULESdate shall be subject
Page 41 and 42: PROPOSED RULESunauthorized overtime
Page 43 and 44: PROPOSED RULES(9) Regular hourly ra
Page 45 and 46: PROPOSED RULESAuthority G.S. 126-4.
Page 47 and 48: PROPOSED RULESschedules. The employ
Page 49 and 50: TEMPORARY RULESNote from the Codifi
Page 51 and 52: TEMPORARY RULESsought, whether or n
Page 53 and 54: APPROVED RULESterm of the loan with
Page 55 and 56: APPROVED RULESmodifications or repl
Page 57: APPROVED RULEShigher distribution s
Page 61 and 62: RULES REVIEW COMMISSION1 NCAC 41C .
Page 63 and 64: RULES REVIEW COMMISSIONVictim Safet
Page 65 and 66: RULES REVIEW COMMISSIONAmend/*Equip
Page 67 and 68: RULES REVIEW COMMISSIONRepeal/*Floo
Page 69 and 70: RULES REVIEW COMMISSIONAmend/*Adver
Page 71 and 72: RULES REVIEW COMMISSIONAmend/*Actio
Page 73 and 74: CONTESTED CASE DECISIONSThis Sectio
Page 75: CONTESTED CASE DECISIONSOFFICE OF S
show all

NC Register Volume 19 Issue 06 - Office of Administrative Hearings

Create successful ePaper yourself

Delete template?

Save as template?