Florida Administrative Code › 55 - DEPARTMENT OF VETERANS' AFFAIRS › 55A - Division of Veterans' Benefits and Assistance › Chapter 55A-7 - VETERANS' PREFERENCE IN APPOINTMENT AND RETENTION IN EMPLOYMENT › Section 55A-7.009 - Announcements, Applications and Due Process

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				employer, whether the state or a political subdivision, shall give notice in
				all written announcements and audio and video advertisements of employment
				opportunities subject to preference under Section   295.07, F.S., that preference
				in appointment will be given to preference-eligible applicants, and shall
				indicate whether such position is deemed eligible for a waiver of postsecondary
				educational requirements.
(2) The
				employer shall inform preference-eligible applicants at the time of application
				of the right to an investigation by the Department if a non-preference eligible
				applicant is appointed to a position, the time limits for requesting such
				investigation, and the address to which the request for an investigation should
				be sent.
(3) Any employment
				application forms for positions that are subject to Veterans' Preference under
				Section   295.07, F.S., shall ask whether the applicant is claiming Veterans'
				Preference, and shall state that required documentation must accompany
				application or be submitted prior to the application deadline date and
				time.
(4) The employer shall ensure
				that records are maintained which document the manner of the selection and the
				propriety of the selection process and decision in accordance with federal and
				state laws.
(5) In the event that a
				preference-eligible applicant is not selected for a position, the employer
				shall notify the applicant within 14 business days of the hiring decision,
				which time clock begins to run when the employer secures a commitment from the
				selected applicant for a date certain to start work.
(6) The employer is required to document and
				justify the decision to hire a non-preference eligible applicant over the
				preference-eligible applicant because the decision may be challenged by the
				preference-eligible applicant and subjected to review by the Department of
				Veterans' Affairs pursuant to Section   295.11, F.S., resulting in investigative
				findings as to the merits which will be sent to the complaining applicant and
				the employer. If an applicant pursues an administrative determination in
				accordance with Section   120.569 or   120.57, F.S., the Department's opinion may
				be sent to the Public Employees Relations Commission.
(7) Jurisdiction to effectuate the purposes
				of Sections   295.07 -  295.09, F.S., shall vest with the Public Employees Relations
				Commission for an administrative determination which may include hearing,
				dismissal without hearing, and entering orders as it deems appropriate under
				the powers and duties authorized by Sections   295.11 and   447.207(9)(c), F.S. Its
				decision shall be final agency action, which shall be reviewable pursuant to
				Section   447.504, F.S., in the district courts of appeal pursuant to Section
				  120.68, F.S.
Rulemaking Authority  295.07(2)  FS. Law Implemented  295.065,
					  295.11 FS.
New 3-30-88, Formerly 22VP-1.009, Amended 2-12-90, 7-12-93,
					 6-11-08, 6-27-16, 8-17-22.