State Human Resources Commission Review of Contested Cases/Remedies
Several G.S. 126 contested cases are still active in the Office of Adminstrative Hearings. This policy applies to only those active cases filed prior to June 25, 2011.
On July 25, 2011, Senate Bill 781 (Session Law 2011-398) was passed into law which took away the ability of the State Human Resources Commission (SHRC) to hear and render decisions in contested employee grievance cases. Prior to the ratification of this bill, the SHRC had the following duties: conduct hearings regarding contested cases, review the Administrative Law Judge’s decision regarding contested cases, modify or accept the Administrative Law Judge’s decision regarding a contested case, and render their own decision regarding contested cases.
Before January 1, 2012, cases were heard by Office of Administrative Hearings (OAH) and then came back for a final decision by the State Personnel Commission (SPC). Effective January 1, 2012, the Office of State Personnel (OSP) and the SPC were removed from any review of agency decisions. From January 1, 2012, to August 21, 2013, cases filed at the OAH had no review and oversight by the OSP or the SPC. Effective August 21, 2013, the law changed and OSHR (formerly OSP) was given an oversight role in every case going to OAH. In addition, all cases are now required to go through the agency grievance process and be mediated. Only after mediation and review by OSHR can a case be filed at OAH.