EMPLOYER OBLIGATIONS.

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65-503A. EMPLOYER OBLIGATIONS. (1) Public employers must give notice in all announcements and advertisements of vacancies that preference in appointment will be given to preference applicants. Application forms must inquire whether the applicant is claiming veterans’ preference and whether the applicant has previously claimed such a preference. An applicant claiming preference is responsible for providing required documentation at the time of making application. The employer must inform applicants of the requirements for documentation.

(2) In all public employment, excluding key employee positions, the hiring official shall give preference to preference eligible applicants.

(3) An application for appointment to a position will be accepted after the closing date of the examination from an applicant who was serving in the armed forces, or undergoing service-connected hospitalization up to one (1) year following discharge. The application must be submitted within one hundred twenty (120) days of the applicant’s separation from the armed forces or hospitalization, prior to the expiration of any register established as a result of the examination, and prior to the selection for the position.

(4) A disabled veteran may file an application at any time up until a selection has been made for any position for which a register is then maintained as a source for future job openings, or for which a register is about to be established, provided he or she has not already been examined twice for the same position and grade for which application is made, does not have current eligibility on that register, or is not serving in a competitive position in the same grade for which application is made. If a register is not used as a part of the selection process, a disabled veteran may file an application after the closing date, but such application will only be considered if a selection has not been made and the selection process is still active.

(5) An appointing authority may refuse to accept an application from an otherwise qualified preference eligible applicant who is deemed unqualified through his or her actions. Examples of such actions include dismissal for cause from a public entity, a felony conviction, or conduct unbecoming a public employee. Such refusal must be supported by good cause and is appealable pursuant to section 65-506, Idaho Code.

History:

[65-503A, added 2011, ch. 284, sec. 3, p. 775; am. 2013, ch. 187, sec. 17, p. 464.]


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