2.21.1424 CLAIMING PREFERENCE - DOCUMENTATION AND VERIFICATION
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
(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.
(8) All documentation submitted to a public
employer, an entity designated to receive applications for a public employer,
or to the department of public health and human services in support of a claim
of employment preference shall be considered confidential.
(9) A public employer may release general
information relating to a successful applicant's eligibility for preference
upon request. The information provided
should not be specific to the nature of the disability or other personally
(10) Applicants shall be notified that intentional
misrepresentation of the claim for preference is cause for immediate discharge.
History: 39-30-106, MCA; IMP, 39-30-101 et seq. , MCA; NEW, 1984 MAR p. 425, Eff. 3/16/84; AMD, 1990 MAR p. 485, Eff. 3/16/90; AMD, 1997 MAR p. 2277, Eff. 12/16/97; AMD, 2000 MAR p. 448, Eff. 2/11/00.