Difference between revisions of "Appeal to State Human Resource Commission"

Revision as of 19:34, 6 March 2015

Policy 602.20

1 Introduction

2 Scope

3 Definitions

4 Policy and Procedure Statements

4.1 Appeal Process

4.1.1 Petition

4.1.1.1 A Petition for a Contested Case Hearing (form H-06A) must be filed (received by) within 30 days of receipt of the final agency decision or within 30 days of the action or omission giving rise to the right of appeal at Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, (Street Address) 6714 Mail Service Center, Raleigh, NC 27699-6714 (Mailing Address), Phone - 919-431-3000.

4.1.2 Required Form

4.1.2.1 Form can be secured from the Office of Administrative Hearings (OAH) or State Human Resources Commission (SHRC): NC Office of State Human Resources, 116 West Jones Street, Administration Building, Raleigh, NC 27603, (919) 807-4800

4.1.3 Hearings

4.1.3.1 The hearings are conducted by the Office of Administrative Hearings. Hearing procedures may be obtained by contacting Chief Hearings Clerk, Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, 919-431-3000.

4.1.4 Decision

4.1.4.1 After the hearing, the Administrative Law Judge has 45 days from the close of the record to file a recommended decision to the State Human Resource Commission. Cases are then heard at the next available State Human Resource Commission meeting and a final administrative decision is rendered by the State Human Resource Commission. These decisions are appealable to Superior Court.

4.2 To File A Charge with EEOC (State Employees/Local Government Employees)

4.2.1 Must file a charge within 6 months (180 days) from the date of the alleged act(s) of discrimination. The charge form may be completed by contacting Intake

5 Additional References

6 Authority

7 Contact Information

8 Original Effective Date

9 Revision Dates