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2.21.1414    ELIGIBILITY

(1) As provided in 39-30-202, MCA, "No person with a disability or eligible spouse is entitled to receive employment preference as provided in 39-30-201, MCA, unless:


(a) the individual is a United States citizen;

(b) the individual has resided continuously in the state for at least 1 year immediately before applying for employment;

(c) if applying for municipal or county employment, the individual has resided for at least 30 days immediately before applying for employment in the city, town, or county in which employment is sought; and

(d) the individual meets those requirements considered necessary by a public employer to successfully perform the essential duties of the position for which the individual is applying."

(2) A person with a disability must be an individual whose disability is certified by the department of public health and human services, as provided in ARM 2.21.1427.

(3) As provided in 39-30-103, MCA, an eligible spouse is "the spouse of a person with a disability determined by the department of public health and human services to have a 100% disability and who is unable to use the employment preference because of the person's disability."

(4) The marital relationship will be verified by the department of public health and human services in accordance with Montana law.

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.

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