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Hiring Agencies Responsibility: Non-Competitive Personnel System

Competitive Personnel System” NOT 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.

Follow these guidelines according to NDCC37-19.1-02 (2)

Disabled Veteran is entitled to preference superior to that given to other Veterans under this section. A Veteran who is not disabled is entitled to preference over non-veterans.

Veterans qualified (eligible) 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 a position is exempt from Veterans Preference the hiring agency must include in its posting/advertisement that Veterans Preference does not apply.

Hiring agency must investigate the applications for minimum qualifications as listed on position advertisement.

Hiring agencies must apply veterans preference as follows…

One Disabled Veteran’s application meets the minimum qualifications the hiring agency may:

  • Conduct interviews
  • Background checks
  • Skill testing
  • Determine if the Disabled Veteran possess the qualifications required for the position:
    • Physically
    • Mentally
  • If the Disabled Veteran possesses the qualifications required for the position the Disabled Veteran must be so employed.
  • If the Disabled Veteran DOES NOT poses the qualifications required for the position the hiring agency must document in writing the Justifiable Cause for not employing the Disabled Veteran.
    • The Justifiable Cause must be:
      • In writing
      • Specific to the Disabled Veteran
      • Cannot be, as an example: “other candidate more qualified”
  • If Veterans who are not “Disabled Veterans” also applied and met minimum qualifications: see NO Disabled Veterans below.
  • Mail certified letters to all 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
      • 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

Sample letters

TWO or MORE Disabled Veteran’s applications meet the minimum qualifications the hiring agency may:

  • Conduct interviews
  • Background checks
  • Skill testing
  • Determine if the Disabled Veteran possess the qualifications required for the position:
    • Physically
    • Mentally
  • If the Disabled Veterans possesses the qualifications required for the position the position must be filled from the group of eligible Disabled Veterans.
    • Hiring agency may choose candidate of their choice from the list of eligible veterans
    • Certified letters must be mailed to the remaining Disabled Veterans explaining that they qualified for the position but another Disabled Veteran was awarded the position
      • Include appeal information
  • If NONE of the Disabled Veterans poses the qualifications required for the position the hiring agency must document in writing the Justifiable Cause for not employing each Disabled Veteran.
  • The Justifiable Cause must be:
    • In writing
    • Specific to the Disabled Veteran
    • Cannot be as an example: “other candidate more qualified”
  • If Veterans who are not “Disabled Veterans” also applied and met minimum qualifications: see NO Disabled Veterans below.
  • Mail certified letters to all 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
      • 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

Sample letters

NO Disabled Veterans but ONE Veteran application meets the minimum qualifications the hiring agency may:

  • Conduct interviews
  • Background checks
  • Skill testing
  • Determine if the Disabled Veteran possess the qualifications required for the position:
    • Physically
    • Mentally
  • If the Veteran possesses the qualifications required for the position the Veteran must be so employed.
  • If the Veteran DOES NOT poses the qualifications required for the position the hiring agency must document in writing the Justifiable Cause for not employing the Disabled Veteran.
    • The Justifiable Cause must be:
      • In writing
      • Specific to the Veteran
      • Cannot be, as an example: “other candidate more qualified”
  • The position can be filled from the remaining applicant pool.
  • Mail certified letters to all 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
      • 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

Sample letters

NO Disabled Veterans but TWO or MORE Veteran’s applications meet the minimum qualifications the hiring agency may:

    • Conduct interviews
    • Background checks
    • Skill testing
    • Determine if the Disabled Veteran possess the qualifications required for the position:
      • Physically
      • Mentally
    • If the Veterans possess the qualifications required for the position the position must be filled from the group of eligible Veterans.
      • Hiring agency may choose candidate of their choice from the list of eligible veterans
      • Certified letters must be mailed to the remaining Disabled Veterans explaining that they qualified for the position but another Disabled Veteran was awarded the position
        • Include appeal information
    • If NONE of the Veterans possess the qualifications required for the position the hiring agency must document in writing the Justifiable Cause for not employing each Veteran.
    • The Justifiable Cause must be:
      • In writing
      • Specific to the Veteran
        • Cannot be as an example: “other candidate more qualified”
    • If non-veterans also applied and met minimum qualifications the hiring agency may fill the position from the list of eligible applicants
    • Mail certified letters to all 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
        • 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

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