2.21.1429    INTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE

(1) As provided in 39-30-207, MCA, "an applicant who believes he has not been accorded his rights under [the Persons with Disabilities Employment Preference Act, 39-30-101, et seq., MCA], may, within 30 days of receipt of the notice of the hiring decision, 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) that 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 39-30-207, 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 shall safeguard the confidentiality of information the employer has considered in accordance with state and federal law and as provided in ARM 2.21.1424.

(4) All days are calendar days.

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.