(1) As provided in 39-30-108, MCA, employment preference does "not apply to work or positions subject to federal laws or regulations, if application of the employment preference conflicts with those laws or regulations."

(2) An agency that believes such a conflict exists shall submit the position and documentation of the laws or regulations in conflict for review by the State Personnel Division, Department of Administration, P.O. Box 200127, Helena, Montana 59620-0127.   The division shall determine if the position is excluded from application of the preference.