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Appeals

Hiring agencies upon non-selection of Veteran applicants must…

  • Mail certified letters to all Veterans who were not selected for a position. Letters must…

    • Be mailed by certified mail
    • Include reason(s) for non-selection
    • Inform the applicant of the right to an appeal hearing
    • Inform Applicant that appeals must be in writing and mailed
      • Within 15 days of receipt of non-selection letter
      • To Commissioner of Veterans Affairs
        • By Certified Mail
        • With copy of letter notice of non-hire
        • Include Address of Commissioner of Veterans Affairs, PO Box 9003 Fargo ND 58106-9003
      • To hiring agency (copy)
        • By Certified Mail
        • With copy of letter notice of non-hire
        • Include address of hiring agency
  • Provide any documents requested by the Commissioner upon notification that an appeal has been requested by the veteran or eligible spouse

  • If a hearing is scheduled the employing agency…

    • May be represented by counsel
    • Has burden of proving that veteran or eligible veteran’s spouse did not possess the qualifications required for the position
    • Has burden of proving that any action which was taken was not taken because the applicant exercised the right to veteran’s employment preference
    • May be responsible to reimburse the Office of Administrative Hearings for
      • Hearing officer services rendered
      • Expenses incurred in performing these duties
  • If the hearing officer finds in favor of the applicant the applicant is entitled to

    • Immediate employment in position applied for or;
    • Immediate employment in an equivalent position
    • Back pay and benefits from date the appointment should have been made
    • Less amounts otherwise earnable through due diligence

A Veteran or eligible spouse wishing to appeal a non-selection decision by a hiring agency must…

  • Submit appeal within 15 days of receipt of employers letter notifying of non-selection for position

    • To Commissioner of Veterans Affairs, PO Box 9003 Fargo ND 58106-9003
      • In writing
      • By certified mail
      • With copy of employers letter notifying veteran of non-selection for position
    • To employing agency
      • Copy of appeal
      • By certified mail
      • With copy of employers letter notifying veteran of non-selection for position
  • Provide documents requested by Commissioner

  • Veteran may be represented by counsel if an appeal hearing is scheduled

A Veteran or eligible spouse within one year of exercising veteran’s employment preference may file a Grievance Appeal if the veteran is…

  • Discharged;

  • Has had compensation reduced; or

  • Is otherwise subject to action by the employing agency designed to cause the veteran or qualified veteran’s spouse to resign or quit employment; if

  • The Veteran feels the employing agency took any of the above-described action due to the exercise of employment preference.

The Veteran or eligible spouse must…

  • Submit appeal within 15 calendar days after any action taken by employer or employing agency
    • To Commissioner of Veterans Affairs, PO Box 9003 Fargo ND 58106-9003
    • In writing
    • By certified mail
    • With identity of employer or employing agency
    • With description of action taken by employer or employing agency
  • To employing agency
    • Copy of appeal
    • By certified mail
  • If the hearing officer finds the employing agency took any of the actions described by the Veteran or eligible spouse the hearing officer shall…

    • Order the employing agency to cease and desist from such action; or
    • Reinstate the Veteran or Qualified spouse

Commissioner upon receiving an appeal by certified mail may…

  • Request documentation from Veteran

    • Copy of certified letter from employing agency
    • Copy of job position advertisement
    • Copy of application supplied to employing agency
    • Documentation that Veterans Preference was requested
    • Copy of DD214
    • Performance evaluations
    • Other documents that may apply
  • Request documentation from employer or employing agency

    • Copy of Certified letter mailed to veteran
    • Copy of return receipt of certified letter
    • Copy of job position advertisement
    • Copy of application procedures/instructions
    • Copy of job position description
    • Copy of veterans application & accompanying documents
    • Copy of Veterans cover letter
    • Copy of Veterans resume
    • Copy of interview questions
    • Copy of application of person awarded the position
    • Copy of DD214 supplied by Veteran & disability if applicable
    • Back ground check
    • Rating sheets of Veteran and person awarded position
    • Performance evaluations
    • Other documents that may apply
  • Determine if documents show evidence that Veterans employment preference violation may have occurred and if a hearing is justified

  • Mail letter of determination to Employer and Veteran or Eligible Spouse

If the Commissioner determines that a hearing is justified, within 15 days of receiving request for an appeal the Commissioner may…

  • Request the Director of the Office of Administrative Hearing to designate a hearing officer to hear the grievance.

  • Notify the employer or employing agency that a request for a hearing has been made.

The Director of the Office of Administrative Hearings shall…

  • Appoint a hearing officer

The hearing officer shall…

  • Hold the hearing within thirty calendar days after the request is receive by the Director of the Office of Administrative Hearings

    • Notwithstanding the time limitation the Hearing Officer may postpone or continue the hearing for good cause at the request of a party
  • Within Fifteen calendar days after the hearing is concluded, briefs filed and arguments closed issue:

    • Findings of fact
    • Conclusions of law
    • An order
  • The order of the hearing officer is binding on both parties, subject to appeal

  • Any party aggrieved by the findings of fact, conclusions of law, and order of the hearing officer may appeal in the manner provided for in chapter 28-31, except that the appellant need not execute an undertaking

 

Resource: Veterans Preference Laws NDCC37-19.1 and NDCC37-01-40