State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-37

§126‑37.  Personnel Commission to review Administrative Law Judge'srecommended decision and make final decision.

(a)        Appeals involving adisciplinary action, alleged discrimination or harassment, and any othercontested case arising under this Chapter shall be conducted in the Office ofAdministrative Hearings as provided in Article 3 of Chapter 150B; provided thatno grievance may be appealed unless the employee has complied with G.S. 126‑34.The State Personnel Commission shall make a final decision in these cases asprovided in G.S. 150B‑36, except as provided in subsection (b1) of thissection. The State Personnel Commission is hereby authorized to reinstate anyemployee to the position from which the employee has been removed, to order theemployment, promotion, transfer, or salary adjustment of any individual to whomit has been wrongfully denied or to direct other suitable action to correct theabuse which may include the requirement of payment for any loss of salary whichhas resulted from the improperly discriminatory action of the appointingauthority.

(b)        Repealed by 1993(Reg. Sess., 1994), c. 572, s. 1.

(b1)      In appeals involvinglocal government employees subject to this Chapter pursuant to G.S. 126‑5(a)(2),except in appeals in which discrimination prohibited by Article 6 of thisChapter is found or in any case where a binding decision is required byapplicable federal standards, the decision of the State Personnel Commissionshall be advisory to the local appointing authority. The State PersonnelCommission shall comply with all requirements of G.S. 150B‑44 in makingan advisory decision. The local appointing authority shall, within 90 days ofreceipt of the advisory decision of the State Personnel Commission, issue awritten, final decision either accepting, rejecting, or modifying the decisionof the State Personnel Commission. If the local appointing authority rejects ormodifies the advisory decision, the local appointing authority must state thespecific reasons why it did not adopt the advisory decision. A copy of thefinal decision shall be served on each party personally or by certified mail,and on each party's attorney of record.

(b2)      The final decisionis subject to judicial review pursuant to Article 4 of Chapter 150B of theGeneral Statutes. Appeals in which it is found that discrimination prohibitedby Article 6 of this Chapter has occurred or in any case where a bindingdecision is required by applicable federal standards shall be heard as allother appeals, except that the decision of the State Personnel Commission shallbe final.

(c)        If the localappointing authority is other than a board of county commissioners, the localappointing authority must give the county notice of the appeal taken pursuantto subsection (a) of this section. Notice must be given to the county manageror the chairman of the board of county commissioners by certified mail within15 days of the receipt of the notice of appeal. The county may intervene in theappeal within 30 days of receipt of the notice. If the action is appealed tosuperior court the county may intervene in the superior court proceeding evenif it has not intervened in the administrative proceeding. The decision of thesuperior court shall be binding on the county even if the county does not intervene.(1975, c. 667, s. 10; 1981, c. 680, s. 1; 1985, c. 746, s. 15; 1985(Reg. Sess., 1986), c. 1022, s. 10; 1987, c. 394; 1989 (Reg. Sess., 1990), c.1025, s. 3; 1991, c. 103, s. 1; 1993 (Reg. Sess., 1994), c. 572, s. 1; 1998‑135,s. 5.)