2.21.3615    APPLYING PREFERENCE

(1) As provided in 39-29-102, MCA, "Whenever a public employer uses a scored procedure, an applicant for an initial hiring, as defined in 39-30-103, MCA, must have added to the applicant's score the following percentage points of the total possible points that may be granted in the scored procedure:

(a) 5 percentage points if the applicant is a veteran," as defined in 39-29-101, MCA; and

(b) "10 percentage points if the applicant is a disabled veteran or an eligible relative," as defined in 39-29-101, MCA.

(2) As provided in 39-29-102, MCA, "a disabled veteran who receives 10 percentage points under [ 39-29-102, MCA], may not receive an additional 5 percentage points under [ 39-29-102, MCA]."

(3) As provided in 39-29-102, MCA, "Whenever a public employer uses a selection procedure other than a scored procedure, the public employer shall give preference to a disabled veteran, eligible relative, or veteran, in that order, over any nonpreferred applicant holding substantially equal qualifications as defined in 39-30-103, MCA."  Substantially equal qualifications does not mean a situation in which two or more applicants are exactly equally qualified.  It means a range in which two applicants must be considered to be substantially equal in view of the qualifications set for the job.  Qualifications shall include job-related competencies (knowledge, skills, and behaviors) .

(4) A current employee of an agency who meets eligibility requirements may claim and receive veterans' employment preference when an applicant for an initial hiring as defined in ARM 2.21.3603.

(5) An agency may use a combination of numerically scored procedures and non-numerically scored procedures to make a hiring decision.

(6) When individual scored procedures are used, percentage points must be added to each scored procedure if the individual score is used to advance or eliminate applicants.  When scored selection procedures are used in combination to reach a total score, percentage points must be added to the total score.  An applicant must meet the minimum qualifications of the position to be eligible for preference.

(7) An applicant has 90 calendar days from receipt of notice of a hiring decision to file a petition in district court.  To comply with this policy, the public employer shall retain a record of the hiring decision for at least 90 calendar days after the notice of the hiring decision and records may be kept longer at the agency's discretion. Other federal and state laws and regulations may require the retention of selection records for longer time periods.  Depending on the selection procedures used, the record may include, but is not limited to the following:

(a) a copy of the vacancy announcement or external recruitment announcement;

(b) a record of the selection procedure used to screen job applicants;

(c) a record of written and oral evaluations of applicants;

(d) a copy of applications that were considered for the specific vacancy; and

(e) a record of the notice of the hiring decision, the written request for an employer's explanation of the hiring decision by an applicant, and the employer's written explanation.

History: 39-29-112, MCA; IMP, 39-29-102, MCA; NEW, 1990 MAR p. 478, Eff. 3/16/90; AMD, 1997 MAR p. 1445, Eff. 8/19/97; AMD, 2000 MAR p. 450, Eff. 2/11/00.