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-7.016 - Enforcement of Preference

Current through Reg. 50, No. 138; July 16, 2024
(1) Employers
				are required to document the basis for hiring decisions by maintaining a file
				that includes documentation of advertised positions, dates advertised, waiver
				of educational requirements advertised, applications received, candidates
				interviewed, evaluation criteria and methods used such as numerical scoring or
				other means of evaluating applicants, documentation of manager, team or
				committee process and interview notes, waiver of educational requirements
				requested or granted, employment offer and acceptance letters, employment
				pre-screening results, agreed upon start date for person hired, and any other
				relevant information for the appropriate records retention period.
(2) When a preference-eligible applicant
				receives notice of a hiring decision from an employer, and believes that he or
				she was not afforded employment preference in accordance with applicable
				Florida law and regulation, he or she may file a written complaint requesting
				an investigation to the Florida Department of Veterans' Affairs, Veterans'
				Preference Coordinator, 11351 Ulmerton Road, Suite 311, Largo, FL
				33778.
(3) In the event of any
				investigation conducted pursuant to Section   295.11, F.S., in response to the
				individual preference-eligible applicant's or employee's complaint, the
				Department of Veterans' Affairs shall require the agency or political
				subdivision to demonstrate how its employment selection or retention process
				gave due consideration to Veterans' Preference and the particular
				preference-eligible person at each step of the process.
(4) Such complaint shall be filed within 60
				calendar days from the date that the notice is received by the
				preference-eligible applicant pursuant to Sections   120.569 and   120.57, F.S. The
				time periods specified in this rule may extend the time periods set forth in
				Chapter 120, F.S., in order to benefit preference-eligible persons and to
				accommodate the challenges of obtaining federal government records. The day of
				receipt will be presumed to be the date on the employer's letter plus 5
				calendar days for mail unless the applicant provides proof that the applicant
				received the notice earlier.
(5)
				Prior to filing a complaint, it is the responsibility of the
				preference-eligible applicant to contact the designated Human Resources or
				other contact person at least one time after 45 days have passed from the final
				date for submitting an application or the interview date, whichever is later in
				time, if the applicant has not received notice of a hiring decision.
(6) Within 10 calendar days of receiving the
				complaint, the Department shall send a written acknowledgment of receipt to the
				complainant and the employer, advising that the complaint will be investigated
				and a copy of the findings furnished to the complainant thereafter.
(7) Within 20 calendar days of receiving the
				complaint, the Department shall designate a Department representative who will
				be responsible for conducting the investigation and requesting information from
				the employer within 10 days of assignment.
(8) Within 30 calendar days of the Department
				initiating a request for documentation, the employer or hiring authority shall
				furnish the following information:
(a) The
				documentation regarding the position and any materials concerning the hiring
				decision including advertisement of the position, applications of qualified
				applicants who were considered for the position, interview notes, offers of
				employment, and acceptance letters, any other relevant documentation.
(b) A plain statement justifying the hiring
				decision.
(c) If applicable, a
				statement as to whether the essential job functions can or cannot be performed
				by the preference-eligible applicant. If a statement is provided advising the
				essential job functions cannot be performed by the preference-eligible
				applicant, then the hiring entity must also provide information as to the type
				of employment accommodation which was considered and/or discussed with the
				applicant.