Current through Register Vol. 39, No. 6, September 16, 2024
(a) An
agency shall post its vacant positions.
(b) Vacancies that shall be filled from
within the agency workforce shall have an application period of not less than
five business days and shall be posted in at least the locations required by
G.S.
126-7.1(a).
(c) Vacancies to be filled from within or
outside the State government workforce are to be listed with the Office of
State Human Resources and as required by
G.S.
96-29. The vacancies shall have an
application period of not less than five business days. For purposes of this
Rule, "State government workforce" means those employees who are subject to
Articles 1, 2, 5, 6, 7, 8, 13, and 14 of Chapter 126 of the North Carolina
General Statutes.
(d) Each vacancy
shall be described in an announcement that includes:
(1) For graded classes: the position number,
classification title, salary grade and range, essential functions, knowledge,
skills, abilities, minimum training and experience, and any vacancy-specific
qualifications as determined by the agency in accordance with
25 NCAC
01H .0635(c) the application
period, and the contact information;
(2) For banded classes: the position number,
banded class title, competency level, banded class salary range or recruitment
range corresponding to the competencies and duties, salary grade equivalency,
essential functions, competencies, minimum training and experience,
vacancy-specific qualifications as determined by the agency in accordance with
25 NCAC
01H .0635(c), the
application period, and the contact information; and
(3) For all vacancy listings: a closing date,
unless the classification has been determined as critical. Factors used in
determining critical classifications include agency turnover; number of
positions in class; geographic location of the position; scarcity of
individuals with the required skills; and safety, health, or quality of care
for clients. The critical classifications shall be approved by the State Human
Resources Commission. On those classes determined to be critical, which shall
be considered open and continuous postings, agencies shall determine how long
applications shall be considered active. The State Human Resources Director or
his or her designee shall report the number and type of continuous postings to
the State Human Resources Commission.
(e) Posting is not required when an agency
determines that it will not openly recruit. This decision based upon a business
need shall be made by the agency head. This includes vacancies:
(1) that are committed to a budget
reduction;
(2) used to avoid a
reduction in force;
(3) used for
disciplinary transfers or demotions;
(4) to be filled by transfer of an employee
to avoid the threat of bodily harm;
(5) that are designated exempt policymaking
under G.S.
126-5(d);
(6) that must be filled immediately to
prevent work stoppage in constant demand situations, or to protect the public
health, safety, or security;
(7) to
be filled by chief deputies and chief administrative assistants to elected or
appointed department heads; and vacancies for positions to be filled by
confidential assistants and confidential secretaries to elected or appointed
department heads, chief deputies, or chief administrative assistants;
(8) to be filled by an eligible exempt
employee who has been removed from an exempt position and is being placed back
in a position subject to all provisions of the State Human Resources
Act;
(9) to be filled by a legally
binding settlement agreement;
(10)
to be filled in accordance with a pre-existing written agency workforce plan;
and
(11) that must be filled
immediately because of a widespread outbreak of a serious communicable
disease.
(f) The Office
of State Human Resources may withhold approval for an agency to fill a job
vacancy as set out in
G.S.126-7.1.
Authority
G.S.
96-29;
126-3(b);
126-4(4);
126-7.1;
126-14;
Eff. March 1,
2007;
Amended Eff. August 1, 2009; May 1, 2008;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. August 20, 2016;
Amended Eff.
March 1, 2019.
