2.21.3618 INTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE
provided in 39-29-104, MCA, "An applicant who believes that the applicant
is entitled to, but has not been given the preference provided in 39-29-102,
MCA, may, within 30 days of receipt of the notice of the hiring decision
provided for in 39-29-103, MCA, submit to the public employer a written request
for an explanation of the public employer's hiring decision."
(2) The written request for an explanation shall
contain, but is not limited to, such information as is necessary to determine:
(a) the applicant's name and address;
(b) the applicant is requesting an explanation
from the hiring authority regarding the hiring decision; and
(c) the position for which the person applied.
(3) As provided in 39-9-104, MCA, "Within 15
days of receipt of the request, the public employer shall give the applicant a
written explanation." The written
explanation shall contain specific, job-related reasons why the person claiming
preference was not hired. The
explanation should be dated and identify the specific vacancy in question. The employer should safeguard the
confidentiality of information considered in accordance with state and federal
law and as provided in ARM 2.21.3616.
(4) All days are calendar days.
History: 39-29-112, MCA; IMP, 39-29-104, MCA; NEW, 1990 MAR p. 478, Eff. 3/16/90; AMD, 1997 MAR p. 1445, Eff. 8/19/97; AMD, 2000 MAR p. 450, Eff. 2/11/00.