(1) As provided in 39-29-103, MCA, "a public
employer shall, by posting or on the application form, give notice of the
(2) As provided in 39-29-103, MCA, "a job
applicant who believes that the applicant is eligible to receive a preference
shall claim the preference in writing before the time for filing applications
for the position involved has passed."
A public employer may provide a standard form for claiming employment
preference. 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 provided in 39-29-103, MCA, "Failure
to make a timely preference claim for a position is a complete defense to an
action instituted by an applicant under 39-29-104, MCA, with regard to that
(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 veterans'
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 from an applicant who claims
preference and who is selected for the vacancy and may require documentation
from others claiming employment preference.
(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) When appropriate,
documentation will include the following or a substitute acceptable to the
(a) from a veteran, disabled
veteran, or eligible relative:
(i) a document issued by the
department of defense or equivalent certification from the U.S. department of
veterans affairs listing military status, and discharge type, commonly form DD-214
or military discharge papers; or
(ii) a document issued by the
office of the adjutant general of the Montana national guard which certifies
the veteran is or has been a member of the Montana army or air national guard
and has satisfactorily completed a minimum of six years service in the armed
forces, the last three years of which have been served in the Montana army or
air national guard;
(b) from a disabled veteran, a
document from the U.S. department of veterans affairs certifying that the
applicant has a service-connected disability or a document from the
department of defense or the department of veterans affairs indicating the
person has received the purple heart medal;
(c) from the unremarried
surviving spouse of a deceased veteran, as veteran is defined in 39-29-101,
MCA, the documentation required in this rule and a copy of the death
certificate or from the unremarried surviving spouse of a deceased disabled
veteran, as disabled veteran is defined in 39-29-101, MCA, the
documentation required in this rule and a copy of the death certificate;
(d) from the eligible spouse
of a disabled veteran, a document from the U.S. department of veterans
affairs certifying the veteran is disabled, is unable to use the preference
because of the disability, and is married to the disabled veteran in accordance
with Montana law. When the department of veterans affairs does not
certify that the disabled veteran is unable to use the preference because of
the disability, the hiring authority shall obtain a signed statement from the
disabled veteran that the veteran is incapable of using the employment
preference because the veteran is unable to qualify for appointment to a
position because of the disability and the disability prevents the veteran from
(e) from an eligible mother of
a deceased veteran or disabled veteran, a document from the U.S. department of
veterans affairs certifying that the veteran, as provided in 39-29-101,
MCA, "died under honorable conditions while serving in the armed
forces" or a document certifying, as required in 39-29-101,
MCA, that the veteran has a service-connected permanent and total
disability. The veteran's mother must also certify in writing that the
mother's spouse is permanently and totally disabled or that the mother is the
unremarried widow of the veteran's father;
(f) a signed statement by the applicant attesting to U.S. citizenship. If the hiring authority has reason to question the validity of the statement, further documentation may be required. 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.
(8) All documentation submitted to a public employer, or to an entity designated to receive applications for a public employer, in support of the claim of preference shall be considered confidential.
(9) A public employer may release general information relating to a successful applicant's eligibility for preference upon request.
(10) Applicants shall be notified that intentional misrepresentation of the claim for preference is cause for immediate discharge.