NC General Statutes

N.C. Gen. Stat. § 126-4 (2026)

Powers and duties of State Human Resources Commission

✓ current as of July 2026

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Subject to the approval of the Governor, the State Human Resources Commission shall establish policies and rules governing each of the following:

(1) Position classification plans which shall provide for the classification and reclassification of all positions subject to this Chapter according to the duties and responsibilities of the positions.

(2) Compensation plans which shall provide for minimum, maximum, and intermediate rates of pay for all employees subject to the provisions of this Chapter.

(3) For each class of positions, reasonable qualifications as to education, experience, specialized training, licenses, certifications, and other job-related requirements pertinent to the work to be performed. Classifications, class qualifications, and classification specifications may be added, revised, and deleted by the State Human Resources Commission, subject to the approval of the Governor, or by the Director of the Office of State Human Resources based on accepted labor market practices. All changes to classifications, qualifications, and specifications by the Director of the Office of State Human Resources shall be consistent with the classification plan structure approved by the State Human Resources Commission and shall be reported to the State Human Resources Commission at its next meeting that is more than five business days from the date of the change.

(4) Recruitment programs designed to promote public employment, communicate current hiring activities within State government, and attract a sufficient flow of internal and external applicants; and determine the relative fitness of applicants for the respective positions.

(5) Hours and days of work, holidays, vacation, sick leave, and other matters pertaining to the conditions of employment. The legal public holidays established by the Commission as paid holidays for State employees shall include Martin Luther King, Jr.'s Birthday and Veterans Day. The Commission shall not provide for more than 12 paid holidays per year, with three paid holidays being given for Christmas.

(5a) In years in which New Year's Day falls on Saturday, the Commission may designate December 31 of the previous calendar year as the New Year's holiday, provided that the number of holidays for the previous calendar year does not exceed 12 and the number of holidays for the current year does not exceed 10. When New Year's Day falls on either Saturday or Sunday, the constituent institutions of The University of North Carolina that adopt alternative dates to recognize the legal public holidays set forth in subdivision (5) of this section and established by the Commission may designate, in accordance with the rules of the Commission and the requirements of this subdivision, December 31 of the previous calendar year as the New Year's holiday.

(5b) A leave program that allows employees to volunteer in a literacy program in a public school for up to five hours each month.

(6) The appointment, promotion, transfer, demotion and suspension of employees.

(7) Cooperation with the State Board of Education, the Department of Public Instruction, the University of North Carolina, and the Community Colleges of the State and other appropriate resources in developing programs in, including but not limited to, management and supervisory skills, performance evaluation, specialized employee skills, accident prevention, equal employment opportunity awareness, and customer service; and to maintain an accredited Certified Public Manager program.

(7a) The separation of employees.

(8) A program of meritorious service awards.

(9) The investigation of complaints and the issuing of such binding corrective orders or such other appropriate action concerning employment, promotion, demotion, transfer, discharge, reinstatement, and any other issue defined as a contested case issue by this Chapter in all cases as the Commission shall find justified.

(10) Programs of employee assistance, productivity incentives, equal opportunity, safety and health as required by Part 1 of Article 63 of Chapter 143 of the General Statutes, and such other programs and procedures as may be necessary to promote efficiency of administration and provide for a fair and modern system of personnel administration.

(11) In cases where the Commission finds discrimination, harassment, or orders reinstatement or back pay whether (i) heard by the Commission or (ii) appealed for limited review after settlement or (iii) resolved at the agency level, the assessment of reasonable attorneys' fees and witnesses' fees against the State agency involved.

(12) Repealed by Session Laws 1987, c. 320, s. 2.

(13) Repealed by Session Laws 1987, c. 320, s. 3.

(14) The implementation of G.S. 126-5(e).

(15) Recognition of State employees, public personnel management, and management excellence.

(16) The implementation of G.S. 126-7.

(17) An alternative dispute resolution procedure.

(18) Delegation of authority for approval of personnel actions through decentralization agreements with the heads of State agencies, departments, and institutions.

a. Decentralization agreements with Executive Branch agencies shall require a person, designated in the agency, to be accountable to the Director of the Office of State Human Resources for the compliance of all personnel actions taken pursuant to the delegated authority of the agency. Such agreements shall specify the required rules and standards for agency personnel administration.

b. The Director of the Office of State Human Resources shall have the authority to take appropriate corrective actions including adjusting employee salaries and changing employee classifications that are not in compliance with policy or standards and to suspend decentralization agreements for agency noncompliance with the required personnel administration standards.

(19) The implementation of G.S. 126-6.3 in a manner that is consistent across all affected State agencies.

The policies and rules of the Commission shall not limit the power of any elected or appointed department head, in the department head's discretion and upon the department head's determination that it is in the best interest of the Department, to transfer, demote, or separate a State employee who is not a career State employee as defined by this Chapter. (1965, c. 640, s. 2; 1971, c. 1244, s. 14; 1975, c. 667, ss. 6, 7; 1977, c. 288, s. 1; c. 866, ss. 1, 17, 20; 1985, c. 617, ss. 2, 3; c. 791, s. 50(b); 1985 (Reg. Sess., 1986), c. 1028, s. 6; 1987, c. 25, s. 2; c. 320, ss. 1-3; 1991, c. 65, s. 1; c. 354, s. 2; c. 750, s. 1; 1991 (Reg. Sess., 1992), c. 994, s. 2; 1993, c. 388, s. 2; c. 522, s. 10; 1995, c. 141, s. 4; 1997-349, s. 3; 1998-135, s. 1; 2013-360, s. 9.1; 2013-382, ss. 1.3, 9.1(c); 2015-241, s. 26.2(f); 2015-260, s. 2; 2024-23, s. 6.)

§ 126-4.1: Repealed by Session Laws 2011-398, s. 41, effective January 1, 2012, and applicable to contested cases commenced on or after that date.

Notes of Decisions

Cited in 45 cases, 1976–2017 · leading case: Early v. Cnty. of Durham, Dep't of Soc. Servs., 667 S.E.2d 512 (N.C. Ct. App. 2008).

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Early v. Cnty. of Durham, Dep't of Soc. Servs., 667 S.E.2d 512 (N.C. Ct. App. 2008). · cites it 36× “N.C. Gen. Stat. § 126-4 (11) (2007). Pursuant to authority granted it by N.”

Fearrington v. Univ. of North Carolina at Chapel Hill, 487 S.E.2d 169 (N.C. Ct. App. 1997). · cites it 26× “Petitioner filed a contested case with the Office of Administrative Hearings (OAH) in which he claimed he was “denied reclassification and other privileges because of his race” and, in addition, asserted a claim for attorneys’ fees pursuant to N.C. Gen. Stat. § 126-4 (11), based…”

Peace v. Emp. SEC. Com'n of North Carolina, 507 S.E.2d 272 (N.C. 1998). · cites it 6× “The State Personnel Commission likewise has not dictated a specific allocation of the burden of proof pursuant to its rule-making authority found in N.C.G.S. §§ 126-4(6), (7a), (9), (11) and 126-26.”

Morgan v. N.C. Dep't of Transp., 476 S.E.2d 431 (N.C. Ct. App. 1996). · cites it 34× “The AU declined to order attorney’s fees under N.C. Gen. Stat. § 126-4 (11) (1995) since there was not discrimination, reinstatement, or back pay.”

Beauchesne v. Univ. of North Carolina at Chapel Hill, 481 S.E.2d 685 (N.C. Ct. App. 1997). · cites it 12× “1104 is listed as being derived from N.C.G.S. § 126-4, the section setting forth powers and duties of the SPC, as a whole.”

North Carolina Dep't of Just. v. Eaker, 367 S.E.2d 392 (N.C. Ct. App. 1988). · cites it 11× “” G.S. 126-4 (7a). The Department contends that a reduction in force is not a “separation” within the meaning of G.”

Dunn v. North Carolina Dep't of Human Resources, 476 S.E.2d 383 (N.C. Ct. App. 1996). · cites it 13× “§ 126-2 (1995) (establishing the Commission), N.C. Gen. Stat. § 126-4 (1995) (assigning powers and duties to the Commission).”

Amanini v. N.C. Dep't of Human Resources, 443 S.E.2d 114 (N.C. Ct. App. 1994). · cites it 3× “Having been promulgated pursuant to statutory authority, see N.C.G.S. § 126-4(7a) (1993), these enactments also have “the effect of law.”

Sanders v. State Pers. Comm'n, 677 S.E.2d 182 (N.C. Ct. App. 2009). · cites it 4× “The rule provides: (a) A temporary appointment is an appointment for a limited term, normally not to exceed three to six months, to a permanent or temporary position.”

North Carolina Dep't of Corr. v. Harding, 462 S.E.2d 671 (N.C. Ct. App. 1995). · cites it 8× “N.C. Gen. Stat. § 126-4 (11) allows the Commission to *455 award attorney fees for services rendered up to the Commission’s final decision.”

Walker v. North Carolina Coastal Resources Comm'n, 476 S.E.2d 138 (N.C. Ct. App. 1996). · cites it 8× “[However,] [f]or attorney services rendered on judicial review of the commission’s decision, .”

Bean v. Taylor, 408 F. Supp. 614 (M.D.N.C. 1976). · cites it 9× “N.C.G.S. § 126-4(3). To hire one not coming within the terms of the established rules would be to violate Chapter 126.”

Show all 45 citing cases →

— N.C. Gen. Stat. § 126-4(1) — 3 cases

Emp. Sec. Comm'n v. Lachman, 290 S.E.2d 616 (N.C. 1982).

Gibbs v. Dep't of Human Resources, 335 S.E.2d 924 (N.C. Ct. App. 1985).

Emp. Sec. Comm'n v. Lachman, 278 S.E.2d 307 (N.C. Ct. App. 1981).

— N.C. Gen. Stat. § 126-4(10) — 1 case

North Carolina Dep't of Just. v. Eaker, 367 S.E.2d 392 (N.C. Ct. App. 1988). “” G.S. 126-4 (7a). The Department contends that a reduction in force is not a “separation” within the meaning of G.”

— N.C. Gen. Stat. § 126-4(11) — 9 cases

Early v. Cnty. of Durham, Dep't of Soc. Servs., 667 S.E.2d 512 (N.C. Ct. App. 2008). “N.C. Gen. Stat. § 126-4 (11) (2007). Pursuant to authority granted it by N.”

Morgan v. N.C. Dep't of Transp., 476 S.E.2d 431 (N.C. Ct. App. 1996). “The AU declined to order attorney’s fees under N.C. Gen. Stat. § 126-4 (11) (1995) since there was not discrimination, reinstatement, or back pay.”

North Carolina Dep't of Corr. v. Harding, 462 S.E.2d 671 (N.C. Ct. App. 1995). “N.C. Gen. Stat. § 126-4 (11) allows the Commission to *455 award attorney fees for services rendered up to the Commission’s final decision.”

Walker v. North Carolina Coastal Resources Comm'n, 476 S.E.2d 138 (N.C. Ct. App. 1996). “[However,] [f]or attorney services rendered on judicial review of the commission’s decision, .”

North Carolina Dep't of Corr. v. Myers, 462 S.E.2d 824 (N.C. Ct. App. 1995).

— N.C. Gen. Stat. § 126-4(3) — 1 case

Bean v. Taylor, 408 F. Supp. 614 (M.D.N.C. 1976). “N.C.G.S. § 126-4(3). To hire one not coming within the terms of the established rules would be to violate Chapter 126.”

— N.C. Gen. Stat. § 126-4(5) — 1 case

Buser v. S. Food Serv., Inc., 73 F. Supp. 2d 556 (M.D.N.C. 1999).

— N.C. Gen. Stat. § 126-4(6) — 3 cases

Peace v. Emp. SEC. Com'n of North Carolina, 507 S.E.2d 272 (N.C. 1998). “The State Personnel Commission likewise has not dictated a specific allocation of the burden of proof pursuant to its rule-making authority found in N.C.G.S. §§ 126-4(6), (7a), (9), (11) and 126-26.”

Emp. Sec. Comm'n v. Peace, 493 S.E.2d 466 (N.C. Ct. App. 1997).

— N.C. Gen. Stat. § 126-4(7a) — 5 cases

Amanini v. N.C. Dep't of Human Resources, 443 S.E.2d 114 (N.C. Ct. App. 1994). “Having been promulgated pursuant to statutory authority, see N.C.G.S. § 126-4(7a) (1993), these enactments also have “the effect of law.”

Beauchesne v. Univ. of North Carolina at Chapel Hill, 481 S.E.2d 685 (N.C. Ct. App. 1997). “1104 is listed as being derived from N.C.G.S. § 126-4, the section setting forth powers and duties of the SPC, as a whole.”

Leiphart v. North Carolina Sch. of the Arts, 342 S.E.2d 914 (N.C. Ct. App. 1986).

Fuqua v. Rockingham Cnty. Bd. of Soc. Servs., 479 S.E.2d 273 (N.C. Ct. App. 1997).

— N.C. Gen. Stat. § 126-4(9) — 8 cases

Williams v. Greene, 243 S.E.2d 156 (N.C. Ct. App. 1978).

Dunn v. North Carolina Dep't of Human Resources, 476 S.E.2d 383 (N.C. Ct. App. 1996). “§ 126-2 (1995) (establishing the Commission), N.C. Gen. Stat. § 126-4 (1995) (assigning powers and duties to the Commission).”

Nantz v. Emp. Sec. Comm'n, 226 S.E.2d 340 (N.C. 1976).

Stevenson v. North Carolina Dep't of Ins., 229 S.E.2d 209 (N.C. Ct. App. 1976).

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