STATE HUMAN RESOURCES DIVISION

2.21.3616 CLAIMING PREFERENCE - DOCUMENTATION AND VERIFICATION As provided in 39-29-103, MCA, "a public employer shall, by posting or on the application form, give notice of the preference." As provided in 39-29-103, MCA, "a job applicant who believes that the applicant is eligib…

2.21.3617 HIRING DECISION In making a hiring decision, an agency must be prepared to show: that the appropriate percentage points were added if numerically scored procedures were used; that the preference was given to an applicant with substantially equal qualifications who claim…

2.21.3618 INTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE As provided in 39-29-104, MCA, "An applicant who believes that the applicant is entitled to, but has not been given the preference provided in 39-29-102, MCA, may, within 30 days of receipt of the notice of the hiring deci…

2.21.3619 EXTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE As provided in 39-29-104, MCA, "The applicant may, within 90 days after receipt of notice of the hiring decision, file a petition in the district court in the county in which the application was received by the public empl…

2.21.3623 RETENTION DURING REDUCTION IN FORCE As provided in 39-29-111, MCA, "during a reduction in [work] force, a public employer shall retain" over all others a veteran, a disabled veteran or an eligible relative who: has similar job duties and qualifications; has not been rat…

2.21.3701 SHORT TITLE This policy may be cited as the recruitment and selection policy. Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, 49-3-201, MCA History: NEW, 1984 MAR p. 1560, Eff. 10/26/84.

2.21.3702 POLICY AND OBJECTIVES This policy, consistent with applicable state and federal laws, establishes minimum standards for equitable and consistent treatment of applicants and employees in recruitment and selection for state jobs. Montana state government is committed to: …

2.21.3703 DEFINITIONS For purposes of this subchapter, the following definitions apply: "Applicant" means an individual who has followed the agency's standard procedures for submitting the required application materials such as, for example, a resume, cover letter, application fo…

2.21.3704 JOB REGISTRY PROGRAM AND REEMPLOYMENT FOLLOWING LAY-OFF (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, 2-18-1201, 2-18-1202, 2-18-1203, 2-18-1204, 2-18-1205, 2-18-1206, 49-3-201, MCA History: NEW, 1994 MAR p. 1412, Eff. 5/27/94; AMD,…

2.21.3707 INTERNAL RECRUITMENT Agency managers shall use a competitive process when recruiting internally to fill permanent positions. Agency managers are encouraged, but are not required to consider applicants included in the job registry in an internal recruitment process. Rein…

2.21.3708 EXTERNAL RECRUITMENT Agency managers shall use an external competitive recruitment process unless the agency: fills a position through internal recruitment, as provided in ARM 2.21.3707, Internal Recruitment; fills a position with a participant in on-the-job training, w…

2.21.3709 VACANCY ANNOUNCEMENTS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1984 MAR p. 1560, Eff. 10/26/84; AMD, 1994 MAR p. 1412, Eff. 5/27/94; AMD, 2006 MAR p. 2901, Eff. 11/23/06; AMD, 2010 MAR p. 2208, Eff. 9/24/10; R…

2.21.3710 LIMITED REEMPLOYMENT FOR RETIREES Agency managers may reemploy, without a competitive hiring process, an employee who previously retired from the agency if: the retiree possesses the requisite skills and qualifications to perform the duties and responsibilities of the p…

2.21.3711 COMPLIANCE WITH MILITARY SELECTIVE SERVICE ACT Agencies shall verify that every male person hired on a full-time or part-time basis in permanent or temporary positions has registered in compliance with the federal Military Selective Service Act, except those excluded in…

2.21.3713 REDUCTION IN FORCE REGISTRY OPTION (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, 49-3-201, MCA History: NEW, 1991 MAR p. 433, Eff. 4/12/91; AMD, 1994 MAR p. 1412, Eff. 5/27/94; REP, 1996 MAR p. 401, Eff. 2/9/96.

2.21.3715 EQUAL EMPLOYMENT OPPORTUNITIES (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, 49-3-201, MCA History: NEW, 2006 MAR p. 2901, Eff. 11/23/06; TRANS, to ARM 2.21.3710, 2010 MAR p. 2208, Eff. 9/24/10.

2.21.3718 JOB ANALYSIS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, 49-3-201, MCA History: NEW, 1984 MAR p. 1560, Eff. 10/26/84; AMD, 1997 MAR p. 2279, Eff. 12/16/97; REP, 2006 MAR p. 2901, Eff. 11/23/06.

2.21.3719 DEVELOPMENT OF SELECTION PROCEDURES Individuals familiar with the position shall develop selection procedures before any review of applicant qualifications. Each selection procedure must be job-related and based on a current job analysis. Agency managers shall review th…

2.21.3720 ADMINISTRATION OF SELECTION PROCEDURES During each step in the selection processes, agency managers shall apply consistent selection procedures regarding: content of the procedure applied; sequence of procedures; persons involved in administering the process; and the ma…

2.21.3721 EVALUATION OF QUALIFICATIONS Agency managers and individuals involved in the selection shall use job-related processes to evaluate the applicant's qualifications against the job requirements and ability to integrate successfully into the agency's culture. Agency manager…

2.21.3723 INTENTIONAL MISREPRESENTATION The employment process (online and traditional application) includes a notice that information applicants provide is subject to verification. Intentional misrepresentation of facts about an applicant’s qualifications, employment history, or…

2.21.3724 NOTIFICATION OF APPLICANTS Agency managers shall notify all applicants of their status in the selection process. As provided in ARM 2.21.1428, Hiring Decision (Persons with Disabilities Employment Preference policy) and 2.21.3617, Hiring Decision (Veterans' Employment P…

2.21.3726 DOCUMENTATION Agency managers shall document the following in the recruitment and selection process: job information; screening information; and applicant information. For the purposes of this subchapter, "job information" includes but is not limited to: a description o…

2.21.3727 ACCESS TO SELECTION MATERIAL (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, 49-3-201, MCA History: NEW, 1984 MAR p. 1560, Eff. 10/26/84; AMD, 1994 MAR p. 1412, Eff. 5/27/94; AMD, 2003 MAR p. 1531, Eff. 7/18/03; REP, 2006 MAR p. 2901,…

2.21.3728 ACCESS TO DOCUMENTATION AND CONFIDENTIALITY Job information as described in ARM 2.21.3726(2) is public information. Screening information as described in ARM 2.21.3726(3) is public information; however, an agency may maintain the confidentiality of selection procedures …

2.21.3735 CLOSING This subchapter must be followed unless it conflicts with negotiated labor agreements or specific statutes, which govern to the extent applicable. Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1984 MAR p. 1560, Eff. 1…

2.21.3801 SHORT TITLE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; REP, 2010 MAR p. 1794, Eff. 8/13/10.

2.21.3802 POLICY AND OBJECTIVES (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; AMD, 1991 MAR p. 433, Eff. 4/12/91; AMD, 1997 MAR p. 1446, Eff. 8/19/97; REP, 2010 MAR p. 1794, Eff. 8/…

2.21.3803 DEFINITIONS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; AMD, 1991 MAR p. 433, Eff. 4/12/91; AMD, 1997 MAR p. 1446, Eff. 8/19/97; REP, 2010 MAR p. 1794, Eff. 8/13/10.

2.21.3807 PERMANENT STATUS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; AMD, 1991 MAR p. 433, Eff. 4/12/91; AMD, 1997 MAR p. 1446, Eff. 8/19/97; REP, 2010 MAR p. 1794, Eff. 8/13/10…

2.21.3808 PROBATIONARY PERIOD (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; AMD, 1991 MAR p. 433, Eff. 4/12/91; AMD, 1997 MAR p. 1446, Eff. 8/19/97; REP, 2010 MAR p. 1794, Eff. 8/13…

2.21.3809 EXTENSION OF PROBATIONARY PERIOD (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; REP, 2010 MAR p. 1794, Eff. 8/13/10.

2.21.3810 DISCHARGE OF A PROBATIONARY EMPLOYEE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; REP, 2010 MAR p. 1794, Eff. 8/13/10.

2.21.3811 PROMOTED OR REASSIGNED EMPLOYEES (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; AMD, 1997 MAR p. 1446, Eff. 8/19/97; REP, 2010 MAR p. 1794, Eff. 8/13/10.

2.21.3812 TRANSFERRED EMPLOYEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-101 and 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; REP, 1991 MAR p. 433, Eff. 4/12/91.

2.21.3822 CLOSING (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-101, 2-18-102, MCA History: NEW, 1985 MAR p. 1978, Eff. 12/27/85; REP, 2010 MAR p. 1794, Eff. 8/13/10.

2.21.3901 SHORT TITLE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 2370, Eff. 11/11/88; REP, 1996 MAR p. 137, Eff. 1/12/96.

2.21.3902 POLICY AND OBJECTIVES (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 2370, Eff. 11/11/88; REP, 1996 MAR p. 137, Eff. 1/12/96.

2.21.3903 DEFINITIONS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 2370, Eff. 11/11/88; REP, 1996 MAR p. 137, Eff. 1/12/96.

2.21.3904 PERMANENT EXCHANGE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 2370, Eff. 11/11/88; REP, 1996 MAR p. 137, Eff. 1/12/96.

2.21.3911 TEMPORARY EXCHANGE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 2370, Eff. 11/11/88; REP, 1996 MAR p. 137, Eff. 1/12/96.

2.21.3916 EMPLOYEE LOAN (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 2370, Eff. 11/11/88; REP, 1996 MAR p. 137, Eff. 1/12/96.

2.21.3921 CLOSING (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 2370, Eff. 11/11/88; REP, 1996 MAR p. 137, Eff. 1/12/96.

2.21.4001 SHORT TITLE This subchapter may be cited as the Equal Employment Opportunity, Nondiscrimination, and Harassment Prevention Policy. Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 2000 MAR p. 3515, Eff. 12/22/00; AMD, 2011 MAR p…

2.21.4002 POLICY AND OBJECTIVES These rules establish the minimum requirements for implementing and maintaining an equal opportunity program that promotes compliance with: federal laws and regulations prohibiting illegal discrimination including the Genetic Information Nondiscrim…

2.21.4003 DEPARTMENT OF ADMINISTRATION ROLE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 2000 MAR p. 3515, Eff. 12/22/00; REP, 2011 MAR p. 1672, Eff. 8/26/11.

2.21.4004 DEPARTMENT OR AGENCY ROLE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 2000 MAR p. 3515, Eff. 12/22/00; REP, 2011 MAR p. 1672, Eff. 8/26/11.

2.21.4005 EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND NONDISCRIMINATION The executive branch is committed to equal opportunity, nondiscrimination, and harassment prevention in all aspects of employment and in programs, services, and activities offered to the public. Agency managers, a…