Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.14 - Persons With Disabilities Employment Preference Policy › Rule 2.21.1424 - CLAIMING PREFERENCE - DOCUMENTATION AND VERIFICATION

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				39-30-206, MCA, "a public employer
				shall, by posting or on the application form, give notice of the preferences
				that [the Persons with Disabilities Employment Preference Act] provides in
				public employment." The notice shall appear at the place where applications are
				received.
(2) As provided in
				39-30-206, MCA, "a job applicant
				who believes he has an employment preference shall claim the preference in
				writing before the time for filing applications for the position involved has
				passed." An employer may provide a standard form for claiming employment
				preference. However, failure to complete such a form does not negate an
				applicant's claim for preference, as long as a reasonable and timely claim is
				made as required by this rule. As provided in
				39-30-206, MCA, "failure to make a
				timely employment preference claim for a position is a complete defense to an
				action in regard to that position under
				39-30-207, MCA."
(3) At the place where applications are
				received, the hiring authority or other agency receiving applications shall
				inform applicants of requirements for documentation of eligibility for
				preference which the applicant may be required to provide to the hiring
				authority.
(4) The person claiming
				eligibility for employment preference is responsible for providing all
				information necessary to document the claim.
(5) The hiring authority must obtain
				documentation of eligibility for employment preference at least from the
				applicant who is selected for the vacancy.
(6) The hiring authority shall determine when
				in the selection process submission of documentation of eligibility for the
				preference shall be provided by the applicant. This may be at the time an offer
				of employment is made or at an earlier time specified by the hiring
				authority.
(7) Where appropriate,
				documentation will include the following or an acceptable substitute:
(a) from a person with a disability, a
				document from the department of public health and human services certifying
				that the applicant is eligible for preference as a person with a
				disability;
(b) from an eligible
				spouse of a person with a disability, a document from the department of public
				health and human services certifying the person with a disability has a total
				disability, is unable to use the preference because of the disability, and is
				married to the eligible spouse in accordance with Montana law.
(c) a statement signed by the applicant
				attesting to U.S. citizenship, and Montana or local residency. Where the hiring
				authority has reason to question the validity of such statement, further
				evidence may be requested. For U.S. citizenship such evidence may include, but
				is not limited to, a birth certificate, voter registration card, U.S. passport,
				or naturalization papers. For Montana residency, evidence may include, but is
				not limited to, payment of state of Montana income tax, Montana driver's
				license, vehicle registration, or hunting and fishing license.