Hiring Agencies Responsibility: Competitive Personnel System

Medium

“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 legible copy of
    • DD-214 Report of Separation showing character of service or
    • NGB 22 from National Guard or Reserve.
  • Disabled Veteran: Attach legible copy of
    • DD-214 Report of Separation showing character of service or
    • NGB 22 from National Guard or Reserve,
    • Letter less than 1 year old from Veterans Administration indicating a disability. Sample Letter
  • Spouse of Disabled Veteran: Attach legible copy of
    • DD-214 Report of Separation showing character of service or
    • NGB 22 from National Guard or Reserve, and
    • A letter less than one year old from the Veteran's Administration indicating the veterans 100% disability status or extra-schedular rating to include individual unemployability which results in the veteran being paid at the one hundred percent rate.,
    • Copy of marriage certificate
  • Spouse of Deceased Veteran: Attach legible copy of
    • DD-214 Report of Separation showing character of service (if applicable) or
    • NGB 22 from National Guard or Reserve,
    • Veterans' death certificate or DD 1300 if died in service
    • Letter less than 1 year old from the Veterans Administration indicating unremarried spouse is in receipt of dependent indemnity compensation-DIC (if applicable)
    • 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 list of documentation required by applicant
  • 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 regardless of veteran or disabled veteran status.

Notify by designated electronic communication or certified mail all Disabled Veterans and Veterans who were not selected for this position. Letters must:

  • Be delivered by certified mail or designated electronic communication
  • Include reason(s) for non-selection
  • Inform the applicant of the right to an appeal hearing
  • Include verbiage that request for an appeal hearing must be in writing and delivered
    • To Commissioner of Veterans Affairs and,
      • Include a copy of letter notice of non-hire, and
      • Must be delivered by Certified Mail or designated electronic communication within 15 days of receipt of non-selection letter to
    • a copy of request delivered to the hiring agency and must
      • include copy of letter notice of non-hire, and
      • be delivered by Certified Mail or designated electronic communication
        • Include mailing and/or designated electronic communication address of hiring agency and

Resource: Veterans Preference Laws NDCC37-19.1

Sample Letters

Publications