South Carolina Code of Regulations
Chapter 19 - STATE BUDGET AND CONTROL BOARD
Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT
Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS
Section 19-706.02 - STATEMENTS OF POLICY

A. The Budget and Control Board designates the State Human Resources Director to administer all Budget and Control Board policies and procedures relating to the unclassified State titles and compensation of employees in unclassified positions.

B. The Office of Human Resources shall develop and maintain a position numbering system that will identify each unclassified position.

C. In an agency whose agency head is reviewed by the Agency Head Salary Commission, no employee may receive a salary in excess of 95% of the midpoint of the agency head's salary range or the agency head's actual salary, whichever is greater, except on approval of the Budget and Control Board. Higher education technical colleges, colleges, and universities shall be exempt from this requirement.

D. All pay actions which require approval from OHR must receive such approval prior to an agency effecting the actions.

E. The South Carolina Constitution prohibits an agency from granting extra compensation, fee, or allowance to any public officer, agent, servant, or contractor after services rendered, or contract made, nor authorize payment or part payment of any claim under any contract not authorized by law.

F. All employees in unclassified positions with State salary ranges shall be paid within their respective range and the provisions of Regulation 19-706.

G. An employee who has returned from an authorized leave of absence without pay shall be paid at the same rate being paid at the time leave was granted, except that the employee may be granted any legislative increases made during the employee's absence. In determining the amount of adjustment that the employee may be granted, the same implementation instructions that applied to all other employees in the same unclassified category shall be followed.

H. A position may move between the classified and unclassified systems provided the agency does not exceed its respective number of classified and unclassified authorized FTEs. (Refer to Regulation 19-704.08.)

I. When an employee moves from a classified position to an unclassified position, the employee's pay will be governed by the unclassified pay plan.

J. The Office of Human Resources is authorized to delegate to agencies by written agreement the establishment of unclassified positions within authorized limits and changes to the unclassified State title. Agencies with a delegation agreement shall comply with State and federal laws and regulations, Budget and Control Board policies and guidelines, and the provisions contained in delegation agreement. The delegation agreement shall constitute a contractual relationship between OHR and the requesting agency and may be terminated or altered at the discretion of OHR.

K. An agency's requests for or implementation of an increase in salary shall be requested or implemented when sufficient funds are available. The State Human Resources Director may require submission of appropriate documentation attesting to the availability of funding.

L. An agency shall maintain documentation appropriate for administration of these regulations.

M. Prior to implementation, agencies shall develop any written policies described in these regulations to govern the administration of salary increases and decreases.

N. The State Human Resources Director shall have the authority to make exceptions to Regulation 19-706.