reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 6 - Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment. › § 126-17 - Retaliation by State departments and agencies and local political subdivisions.

§ 126-17. Retaliation by State departments and agencies and local political subdivisions.
No State department, agency, or local political subdivision of North Carolina shall retaliate against an employee for protesting alleged violations of G.S. 126-16. (1977, c. 866, s. 8.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 6 - Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment. › § 126-18 - Compensation for assisting person in obtaining State employment barred; exception.

§ 126-18. Compensation for assisting person in obtaining State employment barred; exception.
It shall be unlawful for any person, firm or corporation to collect, accept or receive any compensation, consideration or thing of value for obtaining on behalf of any other person, or aiding or assisting any other person in obtaining employment with the State of North Carolina; provided, however, any person, firm, or corporation that is duly licensed and supervised by the North Carolina Department of Labor as a private employment service acting in the normal course of business, may collect such regular and customary fees for services rendered pursuant to a written contract when such fees are paid by someone other than the State of North Carolina; however, any person, firm, or corporation collecting fees for this service must have been licensed by the North Carolina Department of Labor for a period of not less than one year.
Any person, firm or corporation collecting fees for this service must make a monthly report to the Department of Labor listing the name of the person, firm or corporation collecting fees and the person for whom a job was found, the nature and purpose of the job obtained, and the fee collected by the person, firm or corporation collecting the fee. Violation of this section shall constitute a Class 1 misdemeanor. (1977, c. 397, s. 1; 1993, c. 539, s. 933; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 6 - Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment. › § 126-19 - Equal employment opportunity plans; reports; maintenance of services by Director of the Office of State Human Resources.

§ 126-19. Equal employment opportunity plans; reports; maintenance of services by Director of the Office of State Human Resources.
(a) Each member of the Council of State under G.S. 143A-11, each of the principal departments enumerated in G.S. 143B-6, The University of North Carolina, the judicial branch, and the legislative branch, shall develop and submit on an annual basis an Equal Employment Opportunity plan which shall include goals and programs that provide positive measures to assure equitable and fair representation of North Carolina's citizens. The plans developed by the judicial branch and by the Legislative Services Office on behalf of the legislative branch shall be submitted to the General Assembly on or before June 1 of each year. All other such plans shall be submitted to the Director of the Office of State Human Resources for review and approval on or before March 1, of each year.
(b) Repealed by Session Laws 2013-382, s. 7.3, effective August 21, 2013.
(c) The Director of the Office of State Human Resources will provide services of Equal Employment Opportunity technical assistance, training, oversight, monitoring, evaluation, support programs, and reporting to assure that State government's work force is diverse at all occupational levels. These services shall be provided by qualified personnel. (1991 (Reg. Sess., 1992) c. 919, ss. 2-4; 2013-382, ss. 7.3, 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 7 - The Privacy of State Employee Personnel Records. › § 126-22 - Personnel files not subject to inspection under § 132-6.

§ 126-22. Personnel files not subject to inspection under § 132-6.
(a) Except as provided in G.S. 126-23 and G.S. 126-24, personnel files of State employees shall not be subject to inspection and examination as authorized by G.S. 132-6.
(b) For purposes of this Article the following definitions apply:
(1) "Employee" means any current State employee, former State employee, or applicant for State employment.
(2) "Employer" means any State department, university, division, bureau, commission, council, or other agency subject to Article 7 of this Chapter.
(3) "Personnel file" means any employment-related or personal information gathered by an employer or by the Office of State Human Resources. Employment-related information contained in a personnel file includes information related to an individual's application, selection, promotion, demotion, transfer, leave, salary, contract for employment, benefits, suspension, performance evaluation, disciplinary actions, and termination. Personal information contained in a personnel file includes an individual's home address, social security number, medical history, personal financial data, marital status, dependents, and beneficiaries.
(4) "Record" means the personnel information that each employer is required to maintain in accordance with G.S. 126-23.
(c) Personnel files of former State employees who have been separated from State employment for 10 or more years may be open to inspection and examination except for papers and documents relating to demotions and to disciplinary actions resulting in the dismissal of the employee. Retirement files maintained by the Retirement Systems Division of the Department of State Treasurer shall be made public pursuant to G.S. 128-33.1 and G.S. 135-6.1.
(d) Repealed by Session Laws 2016-108, s. 2(d), effective July 22, 2016. (1975, c. 257, s. 1; 1977, c. 866, s. 9; 2007-508, s. 4.5; 2008-194, s. 11(a); 2013-382, s. 9.1(c); 2016-108, s. 2(d).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 7 - The Privacy of State Employee Personnel Records. › § 126-25 - Remedies of employee objecting to material in file.

§ 126-25. Remedies of employee objecting to material in file.
(a) An employee, former employee, or applicant for employment who objects to material in the employee's file may place in his or her file a written statement relating to the material the employee considers to be inaccurate or misleading.
(b) An employee, former employee, or applicant for employment who objects to material in the employee's file because he or she considers it inaccurate or misleading may seek the removal of such material from the file in accordance with a grievance procedure approved by the State Human Resources Commission. If the agency determines that material in the employee's file is inaccurate or misleading, the agency shall remove or amend the inaccurate material to ensure that the file is accurate. Nothing in this subsection shall be construed to permit an employee to appeal the contents of a performance appraisal or written disciplinary action. (1975, c. 257, s. 1; c. 667, s. 2; 1977, c. 866, s. 11; 1985, c. 638; 2013-382, s. 7.4; 2014-115, s. 55.3(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 7 - The Privacy of State Employee Personnel Records. › § 126-26 - Rules and regulations.

§ 126-26. Rules and regulations.
The State Human Resources Commission shall prescribe such rules and regulations as it deems necessary to implement the provisions of this Article. (1975, c. 257, s. 1; c. 667, s. 2; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 7 - The Privacy of State Employee Personnel Records. › § 126-27 - Penalty for permitting access to confidential file by unauthorized person.

§ 126-27. Penalty for permitting access to confidential file by unauthorized person.
Any public official or employee who shall knowingly and willfully permit any person to have access to or custody or possession of any portion of a personnel file designated as confidential by this Article, unless such person is one specifically authorized by G.S. 126-24 to have access thereto for inspection and examination, shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined in the discretion of the court but not in excess of five hundred dollars ($500.00). (1975, c. 257, s. 1; 1993, c. 539, s. 934; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 7 - The Privacy of State Employee Personnel Records. › § 126-28 - Penalty for examining, copying, etc., confidential file without authority.

§ 126-28. Penalty for examining, copying, etc., confidential file without authority.
Any person, not specifically authorized by G.S. 126-24 to have access to a personnel file designated as confidential by this Article, who shall knowingly and willfully examine in its official filing place, remove or copy any portion of a confidential personnel file shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined in the discretion of the court but not in excess of five hundred dollars ($500.00). (1975, c. 257, s. 1; 1993, c. 539, s. 935; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 7 - The Privacy of State Employee Personnel Records. › § 126-29 - Access to material in file for agency hearing.

§ 126-29. Access to material in file for agency hearing.
A party to a quasi-judicial hearing of a State agency subject to Article 7 of this Chapter, or a State agency subject to Article 7 of this Chapter which is conducting a quasi-judicial hearing, may have access to relevant material in personnel files and may introduce copies of such material or information based on such material as evidence in the hearing either upon consent of the employee, former employee, or applicant for employment or upon subpoena properly issued by the agency either upon request of a party or on its own motion. Nothing in this Article shall impose liability on any agent or officer of the State for compliance with this provision, notwithstanding any other provision of this Article. (1977, c. 866, s. 12; 1987, c. 320, s. 5.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 7 - The Privacy of State Employee Personnel Records. › § 126-30 - Fraudulent disclosure and willful nondisclosure on application for State employment; penalties.

§ 126-30. Fraudulent disclosure and willful nondisclosure on application for State employment; penalties.
(a) Any employee who knowingly and willfully discloses false or misleading information, or conceals dishonorable military service; or conceals prior employment history or other requested information, either of which are significantly related to job responsibilities on an application for State employment may be subjected to disciplinary action up to and including immediate dismissal from employment. Dismissal shall be mandatory where the applicant discloses false or misleading information in order to meet position qualifications. Application forms for State employment shall include a statement informing applicants of the consequences of such fraudulent disclosure or lack of disclosure.
(b) The employing authority within each department, university, board, or commission, shall verify the status of credentials and the accuracy of statements contained in the application of each new employee within 90 days from the date of the employees employment. Failure to verify the application shall not bar action under subsection (a) above.
(c) The State Human Resources Commission shall issue rules and procedures to implement this section for all departments, agencies and institutions which are not exempted from the North Carolina Human Resources Act under G.S 126-5(c1). Each agency, department and institution which is exempted under G.S. 126-5(c1) shall issue regulations to implement this section pursuant to the rulemaking procedures applicable to it. (1987, c. 666, s. 1; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 8 - Employee Appeals of Grievances and Disciplinary Action. › § 126-34.01 - Grievance; resolution.

§ 126-34.01. Grievance; resolution.
Any State employee having a grievance arising out of or due to the employee's employment shall first discuss the problem or grievance with the employee's supervisor, unless the problem or grievance is with the supervisor. Then the employee shall follow the grievance procedure approved by the State Human Resources Commission. The proposed agency final decision shall not be issued nor become final until reviewed and approved by the Office of State Human Resources. The agency grievance procedure and Office of State Human Resources review shall be completed within 90 days from the date the grievance is filed. (2013-382, ss. 6.1, 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 8 - Employee Appeals of Grievances and Disciplinary Action. › § 126-34.2 - Alternative dispute resolution.

§ 126-34.2. Alternative dispute resolution.
In its discretion, the Commission may adopt alternative dispute resolution procedures for the resolution of matters constituting and not constituting grounds for a grievance under this Article. Any matters not constituting grounds for an appeal under G.S. 126-34.02 shall not be heard by the Office of Administrative Hearings as a contested case. (1995, c. 141, s. 8; 2013-382, s. 6.1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 8 - Employee Appeals of Grievances and Disciplinary Action. › § 126-34.3 - Judicial review of fee awards.

§ 126-34.3. Judicial review of fee awards.
With respect to a decision of the Office of Administrative Hearings assessing or refusing to assess reasonable witness fees or a reasonable attorneys' fee, the decision shall be subject to judicial review in accordance with G.S. 126-34.02(a). The reviewing court may reverse or modify the decision of the Office of Administrative Hearings if the decision is unreasonable or the award is inadequate. An employee who obtains a reversal or modification of the Office of Administrative Hearings' decision in an appeal under this section shall be entitled to recover court costs and a reasonable attorneys' fee for representation in connection with the appeal. (2013-382, s. 6.1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 8 - Employee Appeals of Grievances and Disciplinary Action. › § 126-35 - Just cause; disciplinary actions for State employees.

§ 126-35. Just cause; disciplinary actions for State employees.
(a) No career State employee subject to the North Carolina Human Resources Act shall be discharged, suspended, or demoted for disciplinary reasons, except for just cause. In cases of such disciplinary action, the employee shall, before the action is taken, be furnished with a statement in writing setting forth the specific acts or omissions that are the reasons for the disciplinary action and the employee's appeal rights. The employee shall be permitted 15 days from the date the statement is delivered to appeal to the head of the agency through the agency grievance procedure for a final agency decision. However, an employee may be suspended without warning for causes relating to personal conduct detrimental to State service, pending the giving of written reasons, in order to avoid undue disruption of work or to protect the safety of persons or property or for other serious reasons. If the employee is not satisfied with the final agency decision or is unable, within a reasonable period of time, to obtain a final agency decision, the employee may appeal to the Office of Administrative Hearings. Such appeal shall be filed not later than 30 days after receipt of notice of the final agency decision. The State Human Resources Commission may adopt, subject to the approval of the Governor, rules that define just cause.
(b) through (d) Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date. (1975, c. 667, s. 10; 1989 (Reg. Sess., 1990), c. 1025, s. 2; 1991, c. 65, s. 7; c. 354, s. 5; c. 722, s. 1; 2000-190, s. 13; 2012-187, s. 8.4; 2013-382, ss. 6.1, 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 10 - Interchange of Governmental Employees. › § 126-52 - Definitions.

§ 126-52. Definitions.
For purposes of this Article:
(1) "Assigned employee" means an employee of a sending agency who is assigned or detailed to a receiving agency as part of the employee's regular duties with the sending agency.
(2) "Employee on leave" means an employee on leave of absence without pay from a sending agency who becomes an employee of a receiving agency while on leave from the sending agency.
(3) "Receiving agency" means any division, department, agency, instrumentality, authority, or political subdivision of the federal government or of a state or local government which, under this Article, receives an employee of another governmental division, department, agency, instrumentality, authority, or political subdivision of the federal government or of a state or local government.
(4) "Sending agency" means any division, department, agency, instrumentality, authority, or political subdivision of the federal government or of a state or local government which, under this Article, sends any employee thereof to another governmental division, department, agency, instrumentality, authority, or political subdivision of the federal government or of a state or local government. (1977, c. 783, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 10 - Interchange of Governmental Employees. › § 126-53 - Authority to interchange employees.

§ 126-53. Authority to interchange employees.
(a) Any division, department, agency, instrumentality, authority, or political subdivision of the State of North Carolina is authorized to participate in a program of interchange of employees with divisions, departments, agencies, instrumentalities, authorities, or political subdivisions of the federal government, of another state, or of this State, as a sending agency or a receiving agency.
(b) The period of individual assignment, detail, or leave of absence under an interchange program shall not exceed two years.
(c) The temporary assignment of the employee may be terminated by mutual agreement between the sending agency and the receiving agency.
(d) Elected officials may not participate in a program of interchange under this Article. (1977, c. 783, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 10 - Interchange of Governmental Employees. › § 126-54 - Status of employees of sending agency.

§ 126-54. Status of employees of sending agency.
(a) Employees of a sending agency participating in an exchange of personnel authorized by G.S. 126-53 may be considered during such participation to be either assigned employees or employees on leave.
(b) Assigned employees shall be entitled to the same salary and employment benefits to which they would be entitled as employees of the sending agency and shall remain employees of the sending agency for all purposes unless otherwise provided in this Article or in a written agreement between the sending agency and the receiving agency.
(c) Employees on leave shall have the same rights, benefits and obligations as other State or local employees subject to this Chapter who are granted leaves of absences, unless otherwise provided in this Article, or in a written agreement between the sending agency and the receiving agency.
(d) When a division, department, agency, instrumentality, authority or political subdivision of the State of North Carolina acts as a sending agency, employees participating in an exchange of personnel authorized by G.S. 126-53, whether considered assigned employees or employees on leave, shall have the same rights, benefits and obligations to participate in and receive benefits, including death benefits, from any retirement system of which they are members as employees of the sending agency, whether they are members of the Teachers' and State Employees' Retirement System, the North Carolina Local Governmental Employees' Retirement System, the Law Enforcement Officers' Benefit and Retirement Fund, or other Retirement System which has been or may be established by the State for public employees; provided, however, that the receiving agency agrees to and makes the employer contributions and deducts from the salary of the employee the employee contributions for continued membership in such Retirement System. Provided, further, that if no contributions are paid into the appropriate Retirement System during the period that the employee participates in the exchange of personnel authorized by this Article, such employee shall remain entitled to death benefits resulting from his death during the period of the exchange. Provided, that where duplicate benefits would otherwise be payable on account of disability or death, the employee or his estate shall elect, within one year of the date of disability or death, which benefits to receive. (1977, c. 783, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 10 - Interchange of Governmental Employees. › § 126-55 - Travel expenses of employees from this State.

§ 126-55. Travel expenses of employees from this State.
A sending agency in this State shall not pay the travel expenses of its assigned or on leave employees and shall not pay the travel expenses of such employees incurred in the course of performing work for the receiving agency. Such expenses shall be borne by the receiving agency. (1977, c. 783, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 10 - Interchange of Governmental Employees. › § 126-56 - Status of employees of other governments.

§ 126-56. Status of employees of other governments.
(a) When a division, department, agency, instrumentality, authority or political subdivision of the State of North Carolina acts as a receiving agency, assigned employees of the sending agency remain the employees of the sending agency and continue to receive the employment benefits of the sending agency unless otherwise specified in a written agreement between the sending agency and the receiving agency.
(b) When a division, department, agency, instrumentality, authority or political subdivision of this State acts as a receiving agency, employees on leave from the sending agency will receive appointments as employees with the receiving agency and will be entitled to the same employment benefits as other employees of the receiving agency unless otherwise specified in a written agreement between the sending agency and the receiving agency. Such appointments may be made without regard to any rules or regulations of the receiving agency regarding the selection of employees; but all rules of the North Carolina Human Resources Act shall apply to State employees. (1977, c. 783, s. 1; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 10 - Interchange of Governmental Employees. › § 126-57 - Travel expenses of employees of other governments.

§ 126-57. Travel expenses of employees of other governments.
A receiving agency in the State of North Carolina may, in accordance with its travel regulations and travel regulations by law, pay the travel expenses incurred in the course of an assigned employee's duties or incurred in the course of the duties of an employee on leave with the receiving agency on the same basis as the travel expenses of regular employees are paid. (1977, c. 783, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 10 - Interchange of Governmental Employees. › § 126-58 - Administration.

§ 126-58. Administration.
The State Human Resources Commission and any State division, department, agency, instrumentality, authority or political subdivision participating in an interchange of employees program may promulgate rules or regulations necessary for the administration of such program, so long as such rules or regulations do not conflict with the provisions of this Article or any other provision of law. (1977, c. 783, s. 1; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 12 - Work Options Program for State Employees. › § 126-74 - Work Options Program established.

§ 126-74. Work Options Program established.
There is established a Work Options Program for State employees in the Office of State Human Resources to be administered by the State Human Resources Commission. The Director of the Office of State Human Resources shall assign an employee within the Office of State Human Resources, to be known as the State Work Options Coordinator, to direct the Work Options Program as established in this Article. (1981, c. 917, s. 1; 1991, c. 65, s. 8; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 12 - Work Options Program for State Employees. › § 126-75 - Work options for State employees.

§ 126-75. Work options for State employees.
(a) The following work options allowed State employees are to be included in the program administered under this Article:
(1) Flexible work hours as established by the State Human Resources Commission;
(2) Job sharing as permitted by the State Human Resources Commission;
(3) Permanent part-time positions as established under the North Carolina Human Resources Act.
(b) The State Human Resources Commission shall examine the present options listed in subsection (a) of this section available to State employees and other options the State Human Resources Commission may make available for a comprehensive program of work options for State employees. The State Human Resources Commission shall, with the concurrence of the agency, determine the need for additional permanent part-time positions within State Government and how increased use of these positions could benefit employee morale and productivity as well as increase the use of the available labor force. None of the provisions of this Article shall be administered to reduce the total number of hours per day a State office normally is open to serve the public. (1981, c. 917, s. 1; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 12 - Work Options Program for State Employees. › § 126-76 - Promoting Work Options Program.

§ 126-76. Promoting Work Options Program.
The State Human Resources Commission shall develop a program to expand the use of work options. This program shall include training sessions for agency personnel to instruct them in the use of work options available to State employees. The State Human Resources Commission shall also provide technical assistance to agency personnel in developing a Work Options Program for each agency or expanding existing programs in each agency. The Work Options Coordinator shall also identify personnel positions within the State Human Resources system which can effectively be structured in job sharing or permanent part-time employment positions. (1981, c. 917, s. 1; 2013-382, s. 9.1(c); 2014-115, s. 55.4(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 12 - Work Options Program for State Employees. › § 126-77 - Authority of agencies to participate.

§ 126-77. Authority of agencies to participate.
The State Human Resources Commission shall request from each agency assistance in formulating the Work Options Program. Any division, department, agency, instrumentality or authority shall participate in the program of work options as established in this Article. (1981, c. 917, s. 1; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 12 - Work Options Program for State Employees. › § 126-78 - Administration.

§ 126-78. Administration.
The State Human Resources Commission and any State division, department, agency, instrumentality or authority participating in the State Work Options Program shall promulgate rules necessary for the administration of the program. (1981, c. 917, s. 1; 1987, c. 827, s. 57; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 13 - Veteran's Preference. › § 126-80 - Declaration of policy.

§ 126-80. Declaration of policy.
It shall be the policy of the State of North Carolina that, in appreciation for their service to this State and this country during a period of war, and in recognition of the time and advantage lost toward the pursuit of a civilian career, veterans shall be granted preference in employment for positions subject to the provisions of this Chapter with every State department, agency, and institution. (1987 (Reg. Sess., 1988), c. 1064, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 13 - Veteran's Preference. › § 126-80.5 - National Guard preference.

§ 126-80.5. National Guard preference.
(a) It shall be the policy of the State of North Carolina that, in recognition and appreciation for service to the State and this country, and in recognition of the time and advantage lost toward the pursuit of a civilian career, an eligible member of the National Guard as defined in G.S. 126-81(4) shall be granted preference in employment for positions subject to the provisions of this Chapter with every State department, agency, and institution.
(b) In all evaluations of applicants for positions with this State or any of its departments, agencies, or institutions, a preference shall be awarded to all eligible members of the National Guard who are citizens of the State. This preference applies to initial employment and extends to other employment events, including a subsequent hiring, promotion, reassignment, or horizontal transfer.
(c) The provisions of this section shall be subject to the provisions of Article 9 of Chapter 143B of the General Statutes. (2021-180, s. 19E.4(a).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 13 - Veteran's Preference. › § 126-81 - Definitions.

§ 126-81. Definitions.
The following definitions apply in this Article:
(1) Period of war. – World War I (April 16, 1917, through November 11, 1918), World War II (December 7, 1941, through December 31, 1946), the Korean Conflict (June 27, 1950, through January 31, 1955), the period of time between January 31, 1955, and the end of the hostilities in Vietnam (May 7, 1975), or any other campaign, expedition, or engagement for which a campaign badge or medal is authorized by the United States Department of Defense.
(2) Veteran. – A person who served in the Armed Forces of the United States on active duty, for reasons other than training, and has been discharged under other than dishonorable conditions.
(3) Eligible veteran. – Any of the following:
a. A veteran who served during a period of war.
b. The spouse of a disabled veteran.
c. The surviving spouse or dependent of a veteran who dies on active duty during a period of war either directly or indirectly as a result of such service.
d. A veteran who suffered a service-connected disability during peacetime.
e. The spouse of a veteran described in sub-subdivision d. of this subdivision.
f. The surviving spouse or dependent of a person who served in the Armed Forces of the United States on active duty, for reasons other than training, who died for service-related reasons during peacetime.
(4) Eligible member of the National Guard. – Any of the following:
a. A resident of North Carolina who is a current member in good standing of either the North Carolina Army National Guard or the North Carolina Air National Guard.
b. A resident of North Carolina who is a former member of either the North Carolina Army National Guard or the North Carolina Air National Guard, whose discharge is under honorable conditions with a minimum of six years of creditable service.
c. The surviving spouse and dependent of a member of the North Carolina Army National Guard or the North Carolina Air National Guard who dies on State active duty either directly or indirectly as a result of that service.
d. The surviving spouse or dependent of a member of the North Carolina National Guard who died for service-related reasons during peacetime. (1987 (Reg. Sess., 1988), c. 1064, s. 1; 2021-180, s. 19E.4(b).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 13 - Veteran's Preference. › § 126-82 - State Human Resources Commission to provide for preference.

§ 126-82. State Human Resources Commission to provide for preference.
(a) The State Human Resources Commission shall provide that in evaluating the qualifications of an eligible veteran against the minimum requirements for obtaining a position, credit shall be given for all military service training or schooling and experience that bears a reasonable and functional relationship to the knowledge, skills, and abilities required for the position. This preference applies to initial employment with the State and extends to other employment events including subsequent hirings, promotions, reassignments, and horizontal transfers.
(b) The State Human Resources Commission shall provide that if an eligible veteran has met the minimum requirements for the position, after receiving experience credit under subsection (a) of this section, he shall receive experience credit as determined by the Commission for additional related and unrelated military service. This preference applies to initial employment with the State and extends to other employment events including subsequent hirings, promotions, reassignments, and horizontal transfers.
(c) The State Human Resources Commission may provide that in reduction in force situations where seniority or years of service is one of the considerations for retention, an eligible veteran shall be accorded credit for military service.
(d) Any eligible veteran who has reason to believe that he or she did not receive a veteran's preference in accordance with the provisions of this Article or rules adopted under it may appeal that denial as provided by G.S. 126-34.01 and G.S. 126-34.02.
(e) The willful failure of any employee subject to the provisions of Article 8 of this Chapter to comply with the provisions of this Article or rules adopted under it constitutes personal misconduct in accordance with the provisions and promulgated rules of this Chapter, including those for suspension, demotion, or dismissal. (1987 (Reg. Sess., 1988), c. 1064, s. 1; 2007-286, s. 2; 2013-382, s. 9.1(c); 2014-115, s. 55.3(e).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 13 - Veteran's Preference. › § 126-83 - Exceptions.

§ 126-83. Exceptions.
Notwithstanding G.S. 126-5, and notwithstanding provisions in that section that only certain Articles of this Chapter apply to some employees, this Article applies to all persons covered by this Chapter except those exempted by G.S. 126-5(c)(2), G.S. 126-5(c)(3), G.S. 126-5(c)(4), G.S. 126-5(c1), G.S. 126-5(c2), or G.S. 126-5(c3), but this Article does not apply to those persons covered by G.S. 126-5(a)(2). G.S. 128-15 shall apply to those persons exempted from coverage of this Article, but shall not apply to any person covered by this Article. (1987 (Reg. Sess., 1988), c. 1064, s. 1; 1991, c. 65, s. 9.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 14 - Protection for Reporting Improper Government Activities. › § 126-84 - Statement of policy.

§ 126-84. Statement of policy.
(a) It is the policy of this State that State employees shall have a duty to report verbally or in writing to their supervisor, department head, or other appropriate authority, evidence of activity by a State agency or State employee constituting any of the following:
(1) A violation of State or federal law, rule or regulation.
(2) Fraud.
(3) Misappropriation of State resources.
(4) Substantial and specific danger to the public health and safety.
(5) Gross mismanagement, a gross waste of monies, or gross abuse of authority.
(b) Further, it is the policy of this State that State employees be free of intimidation or harassment when reporting to public bodies about matters of public concern, including offering testimony to or testifying before appropriate legislative panels, or providing statements or testimony to agents and employees of legislative panels duly appointed by the President Pro Tempore and/or the Speaker of the House designated to conduct inquiries on behalf of such legislative panels. (1989, c. 236, s. 1; 1997-520, s. 5; 2018-41, s. 7; 2019-80, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 14 - Protection for Reporting Improper Government Activities. › § 126-85 - Protection from retaliation.

§ 126-85. Protection from retaliation.
(a) No head of any State department, agency or institution or other State employee exercising supervisory authority shall discharge, threaten or otherwise discriminate against a State employee regarding the State employee's compensation, terms, conditions, location, or privileges of employment because the State employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84, unless the State employee knows or has reason to believe that the report is inaccurate.
(a1) No State employee shall retaliate against another State employee because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84.
(b) No head of any State department, agency or institution or other State employee exercising supervisory authority shall discharge, threaten or otherwise discriminate against a State employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the State employee has refused to carry out a directive which in fact constitutes a violation of State or federal law, rule or regulation or poses a substantial and specific danger to the public health and safety.
(b1) No State employee shall retaliate against another State employee because the employee has refused to carry out a directive which may constitute a violation of State or federal law, rule or regulation, or poses a substantial and specific danger to the public health and safety.
(c) The protections of this Article shall include State employees who report any activity described in G.S. 126-84 to the State Auditor as authorized by G.S. 147-64.6B, to the Joint Legislative Commission on Governmental Operations as authorized by G.S. 120-76, or to a legislative committee as required by G.S. 120-19. (1989, c. 236, s. 1; 1997-520, s. 6; 2008-196, s. 2(b); 2008-215, s. 8; 2019-80, s. 2; 2021-180, s. 27.2(e); 2022-6, s. 15.1(b).)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 14 - Protection for Reporting Improper Government Activities. › § 126-86 - Civil actions for injunctive relief or other remedies.

§ 126-86. Civil actions for injunctive relief or other remedies.
Any State employee injured by a violation of G.S. 126-85 who is not subject to Article 8 of this Chapter may maintain an action in superior court for damages, an injunction, or other remedies provided in this Article against the person or agency who committed the violation within one year after the occurrence of the alleged violation of this Article; provided, however, any claim arising under Article 21 of Chapter 95 of the General Statutes may be maintained pursuant to the provisions of that Article only and may be redressed only by the remedies and relief available under that Article. (1989, c. 236, s. 1; 1991 (Reg. Sess., 1992), c. 1021, s. 6; 2013-382, s. 7.10.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 14 - Protection for Reporting Improper Government Activities. › § 126-87 - Remedies.

§ 126-87. Remedies.
A court, in rendering a judgment in an action brought pursuant to this Article, may order an injunction, damages, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, reasonable attorney's fees or any combination of these. If an application for a permanent injunction is granted, the employee shall be awarded costs and reasonable attorney's fees. If in an action for damages the court finds that the employee was injured by a willful violation of G.S. 126-85, the court shall award as damages three times the amount of actual damages plus costs and reasonable attorney's fees against the individual or individuals found to be in violation of G.S. 126-84. (1989, c. 236, s.1)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 14 - Protection for Reporting Improper Government Activities. › § 126-88 - Notice of employee protections and obligations.

§ 126-88. Notice of employee protections and obligations.
It shall be the duty of an employer of a State employee to post notice in accordance with G.S. 95-9 or use other appropriate means to keep his employees informed of their protections and obligations under this Article. (1989, c. 236, s. 1.)
2023 North Carolina General Statutes › Chapter 126 - North Carolina Human Resources Act › Article 15 - Communications With Members of the General Assembly. › § 126-90 - Communications with members of the General Assembly.

§ 126-90. Communications with members of the General Assembly.
A State employee's right to speak to a member of the General Assembly at the member's request shall not be directly or indirectly limited by the employee's supervisor or by any policy of the department, agency, or institution that employs that State employee. (1997-443, s. 22.2(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-1 - Composition of militia.

§ 127A-1. Composition of militia.
The militia of the State shall consist of all able-bodied citizens of the State and of the United States and all other able-bodied persons who have or shall declare their intention to become citizens of the United States, subject to the qualifications prescribed in this Chapter, who shall be drafted into the militia or shall voluntarily accept commission, appointment, or assignment to duty therein. (1917, c. 200, s. 1; C.S., s. 6791; 1949, c. 1130, s. 1; 1957, c. 1043, s. 1; 1963, c. 1016, s. 2; 1967, c. 563, s. 1; 1975, c. 604, s. 2; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-2 - Classification of militia.

§ 127A-2. Classification of militia.
The militia shall be divided into the organized and unorganized militia. The organized militia shall consist of four classes: the North Carolina National Guard, the naval militia, the State defense militia and historic military commands. (1975, c. 604, s. 2; 2009-281, s. 1.)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-3 - Organized militia; National Guard.

§ 127A-3. Organized militia; National Guard.
The North Carolina National Guard, both Army and Air, shall consist of regularly commissioned, warrant and enlisted personnel within the age limits established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and have the duties and responsibilities provided in this Chapter. (1917, c. 200, s. 2; C.S., s. 6792; 1949, c. 1130, s. 1; 1957, c. 136, s. 1; 1961, c. 192, s. 1; 1963, c. 1016, s. 2; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-4 - Organized militia; naval militia.

§ 127A-4. Organized militia; naval militia.
The naval militia shall consist of regularly commissioned, warrant and enlisted personnel within the age limits established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and have the duties and responsibilities provided in this Chapter. (1917, c. 200, s. 3; C.S., s. 6793; 1949, c. 1130, s. 1; 1975, c. 604, s. 2; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-5 - Organized militia; State defense militia.

§ 127A-5. Organized militia; State defense militia.
The State defense militia shall consist of commissioned, warrant and enlisted personnel called, ordered, appointed or enlisted therein by the Governor under the provisions of Article 5 of this Chapter and shall be organized, governed, armed, equipped and have the duties and responsibilities provided in this Chapter. (1963, c. 1016, s. 2; 1975, c. 604, s. 2; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-6 - Organized militia; historic military commands.

§ 127A-6. Organized militia; historic military commands.
Historic military commands are those historic groups which remain active by meeting at least once a month and which follow military procedures. Only groups designated by the Governor shall fall within this branch of the militia. Any maximum age limits prescribed by this Chapter do not apply to members of historic military commands. (1957, c. 1043, s. 2; 1967, c. 563, s. 2; 1975, c. 604, s. 2; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-7 - Composition of unorganized militia.

§ 127A-7. Composition of unorganized militia.
The unorganized militia shall consist of all other able-bodied citizens of the State and of the United States and all other able-bodied persons who have or shall declare their intention to become citizens of the United States, who shall be at least 17 years of age, except those who have been convicted of a felony or discharged from any component of the military under other than honorable conditions. (1917, c. 200, s. 4; C.S., s. 6794; 1949, c. 1130, s. 1; 1963, c. 1016, s. 2; 1975, c. 604, s. 2; 1983, c. 314, s. 1; 2011-195, s. 1(a).)
2023 North Carolina General Statutes › Chapter 127A - Militia › Article 1 - Classification of Militia. › § 127A-8 - Exemptions from duty with the militia.

§ 127A-8. Exemptions from duty with the militia.
The officers, judicial and executive, of the government of the United States and the State of North Carolina, persons in the military or naval service of the United States, customhouse clerks, persons employed by the United States in the transmission of mail, artificers and personnel employed in the armories, arsenals and navy yards of the United States, pilots, and mariners actually employed in the sea service of any citizen or merchant within the United States shall be exempt from duty with the militia without regard to age, and all persons who, because of religious beliefs, claim exemption from duty with the militia, if the conscientious holding of the belief by that person is established under the regulations prescribed for exemption from service with the Armed Forces of the United States, shall be exempted from militia service in a combatant capacity; but no person so exempted shall be exempt from militia service in any capacity that shall be declared noncombatant for the Armed Forces of the United States. (1917, c. 200, s. 5; C.S., s. 6795; 1975, c. 604, s. 2; 2011-195, s. 1(a).)