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Hiring Agencies Responsibility: Competitive Personnel System

Competitive Personnel System” being used for a position

The hiring agency must provide in its position posting/advertisement and/or on its application form instructions on applying for veterans preference

  • Veteran: Attach copy of DD-214 Report of Separation
  • Disabled Veteran: Attach copy of DD-214 Report of Separation and letter less than 1 year old from Veterans Administration indicating disability.
  • Spouse of Disabled Veteran: Attach DD-214 Report of Separation, letter less than 1 year old from the Veterans Administration indication disability, and a copy of marriage certificate
  • Spouse of Deceased Veteran: Attach DD-214 Report of Separation (if applicable), veterans death certificate, and marriage certificate.

Follows these guidelines according to NDCC37-19.1-02 (3)

No distinction or discrimination may be made in the administration of the competitive personnel system examination because the applicant may be a Veteran.

Veterans qualified for preference may not be disqualified from holding any position with an agency because of physical or mental disability, unless the disability renders them unable to properly perform the duties of the position applied for.

When posting a position the hiring agency must:

  • Designate a prescribed number of eligible individuals to be considered for the position (# of top candidates to interview)
  • Include instructions on requesting Veteran and Disabled Veteran preference in position posting
  • Include documents applicant must submit
  • State that Veterans preference does not apply IF the position is Exempt from Veterans Preference

When reviewing the applications received the hiring agency must:

  • Investigate the application packets for
    • Minimum qualifications as listed on position advertisement
    • Eligibility for Veterans or Disabled Veterans preference
  • Use a 100 point scale (or other point scale) to score the examination grade of the applicants
    • Add 5 points on a 100 point scale (or 5% on other point scale) to eligible Veterans examination grade
    • Add 10 points on a 100 point scale (or 10% on other point scale) to eligible Veterans examination grade
  • Rank all applicant scores from highest to lowest
    • Hiring agencies may further inquire into the qualifications of each eligible individual from within the prescribed number of top ranked individuals by
      • Interviews
      • Background checks
      • Skills testing
  • Fill the position from the prescribed number of top ranked qualified applicants

Mail certified letters to all Disabled Veterans and Veterans who were not selected for this position. Letters must:

  • Be mailed by certified mail
  • Include reason(s) for non-selection
  • Inform the applicant of the right to an appeal hearing
  • Appeals must be in writing and mailed
    • To hiring agency (copy)
      • Include address of hiring agency
      • With copy of letter notice of non-hire
      • By Certified Mail
    • 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
      • Within 15 days of receipt of non-selection letter

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