Montana Administrative Code

2.21.1303 DEFINITIONS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1983 MAR p. 845, Eff. 7/15/83; AMD, 1988 MAR p. 1187, Eff. 6/10/88; REP, 2000 MAR p. 3515, Eff. 12/22/00.

2.21.1304 AGENCY POLICY STATEMENT (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1983 MAR p. 845, Eff. 7/15/83; AMD, 1988 MAR p. 1187, Eff. 6/10/88; REP, 2000 MAR p. 3515, Eff. 12/22/00.

2.21.1305 REPORTING PROCEDURE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1983 MAR p. 845, Eff. 7/15/83; AMD, 1988 MAR p. 1187, Eff. 6/10/88; REP, 2000 MAR p. 3515, Eff. 12/22/00.

2.21.1306 VIOLATIONS OF POLICY (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1983 MAR p. 845, Eff. 7/15/83; AMD, 1988 MAR p. 1187, Eff. 6/10/88; REP, 2000 MAR p. 3515, Eff. 12/22/00.

2.21.1307 OTHER COMPLAINT FILING OPTION (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1988 MAR p. 1187, Eff. 6/10/88; REP, 2000 MAR p. 3515, Eff. 12/22/00.

2.21.1311 CLOSING Final File Not Found. It is now created. Please edit it: D:\Shares\MTRules\MTRules_files\MT\ARM\200912\Rules\2\2.21.1311.htm Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1983 MAR p. 845, Eff. 7/15/83; REP, 2000 MAR p…

2.21.132 CONDITIONS FOR USE OF SICK LEAVE (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; AMD, 1985 MAR p. 1237, Eff. 8/30/85; AMD, 1992 MAR p…

2.21.133 ACCRUAL AND USE OF SICK LEAVE CREDITS (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; AMD, 1983 MAR p. 1455, Eff. 10/14/83; AMD, 1985…

2.21.134 CALCULATION OF SICK LEAVE CREDITS (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; REP, 2004 MAR p. 1321, Eff. 6/4/04.

2.21.135 PROHIBITED USE OF SICK LEAVE CREDITS (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; REP, 1982 MAR p. 2130, Eff. 12/17/82.

2.21.136 RATE OF SALARY COMPENSATION (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; REP, 2004 MAR p. 1321, Eff. 6/4/04.

2.21.137 SICK LEAVE REQUESTS (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; AMD, 1983 MAR p. 1455, Eff. 10/14/83; AMD, 1994 MAR p. 1407, Eff. 5/27/94; REP…

2.21.138 SICK LEAVE RECORDS (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; AMD, 1997 MAR p. 1440, Eff. 8/19/97; REP, 2004 MAR p. 1321, Eff. 6/4/04.

2.21.139 SICK LEAVE ON HOLIDAYS (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; REP, 2004 MAR p. 1321, Eff. 6/4/04.

2.21.140 SICK LEAVE ACCRUAL DURING LEAVES OF ABSENCE WITHOUT PAY (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; REP, 1982 MAR p. 2130, Eff. 12/17/82.

2.21.1401 SHORT TITLE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA IMP, 2-18-102 MCA Implementing statute(s): 1983 MAR p. 1343, Eff. 9/30/83 History: REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.1402 POLICY AND OBJECTIVES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1983 MAR p. 1343, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 2/16/84.

2.21.1403 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, 10-2-202, 1-1-215, MCA History: NEW, 1983 MAR p. 1343, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.1404 ENTITLEMENT TO PREFERENCE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, 10-2-203, 10-2-204, MCA History: NEW, 1983 MAR p. 1344, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.1405 RANKING PREFERRFD PERSONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, 10-2-203, MCA History: NEW, 1983 MAR p. 1344, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.1406 DOCUMENTATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, 10-2-201 et seq. , MCA History: NEW, 1983 MAR p. 1344, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.1407 APPLICATION OF PREFERENCE TO INITIAL APPOINTMENT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, 10-2-201, et seq. , MCA History: NEW, 1983 MAR p. 1345, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.1408 RECRUITMENT AND SELECTION PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, 10-2-206, MCA History: NEW, 1983 MAR p. 1345, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.141 LUMP SUM PAYMENT UPON TERMINATION (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; AMD, 1997 MAR p. 1440, Eff. 8/19/97; REP, 2004 MAR p. 1321, Eff.…

2.21.1411 CLOSING (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1983 MAR p. 1343, Eff. 9/30/83; REP, 1984 MAR p. 425, Eff. 3/16/84.

2.21.1412 SHORT TITLE This policy may be cited as the Persons with Disabilities Employment Preference Policy. Authorizing statute(s): 39-30-106, MCA Implementing statute(s): 39-30-101 et seq. , MCA History: NEW, 1984 MAR p. 425, Eff. 3/16/84; AMD, 1990 MAR p. 485, Eff. 3/16/90; A…

2.21.1413 POLICY AND OBJECTIVES It is the policy of the state of Montana, executive, legislative and judicial branches, and covered local governments to provide preference in employment to eligible persons with disabilities and certain spouses, when they are substantially equal i…

2.21.1414 ELIGIBILITY As provided in 39-30-202, MCA, "No person with a disability or eligible spouse is entitled to receive employment preference as provided in 39-30-201, MCA, unless: the individual is a United States citizen; the individual has resided continuously in the state…

2.21.1415 ELIGIBLE VETERAN (IS HEREBY REPEALED) Authorizing statute(s): 39-30-106, MCA Implementing statute(s): 39-30-103, MCA History: NEW, 1984 MAR p. 425, Eff. 3/16/84; REP, 1990 MAR p. 485, Eff. 3/16/90.

2.21.1416 ELIGIBLE DISABLED VETERAN (IS HEREBY REPEALED) Authorizing statute(s): 39-30-106, MCA Implementing statute(s): 39-30-103, MCA History: NEW, 1984 MAR p. 425, Eff. 3/16/84; REP, 1990 MAR p. 485, Eff. 3/16/90.

2.21.1417 ELIGIBLE SPOUSE (IS HEREBY REPEALED) Authorizing statute(s): 39-30-106, MCA Implementing statute(s): 39-30-101 et seq. , MCA History: NEW, 1984 MAR p. 425, Eff. 3/16/84; AMD, 1990 MAR p. 485, Eff. 3/16/90; REP, 1997 MAR p. 2277, Eff. 12/16/97.

2.21.1418 ELIGIBLE HANDICAPPED PERSON (IS HEREBY REPEALED) Authorizing statute(s): 39-30-106, MCA Implementing statute(s): 39-30-101 et seq. , MCA History: NEW, 1984 MAR p. 425, Eff. 3/16/84; AMD, 1990 MAR p. 485, Eff. 3/16/90; REP, 1997 MAR p, 2277, Eff. 12/16/97.

2.21.142 TRANSFERS (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; REP, 2004 MAR p. 1321, Eff. 6/4/04.

2.21.1421 EMPLOYERS COVERED (IS HEREBY REPEALED) Authorizing statute(s): 39-30-106, MCA Implementing statute(s): 39-30-101 et seq. , MCA History: NEW, 1984 MAR p. 425, Eff. 3/16/84; AMD, 1990 MAR p. 485, Eff. 3/16/90; REP, 1997 MAR p. 2277, Eff. 12/16/97.

2.21.1422 EMPLOYMENT COVERED Public employers covered by the Persons with Disabilities Employment Preference Act, 39-30-101 et seq., MCA, include: "any department, office, board, bureau, commission, agency, or other instrumentality of the executive, judicial, or legislative branc…

2.21.1423 APPLYING PREFERENCE As provided in 39-30-201, MCA, an applicant who is eligible for preference under these rules shall be hired over any other applicant with substantially equal qualifications who is not a preference-eligible applicant, when: the applicant has claimed a…

2.21.1424 CLAIMING PREFERENCE - DOCUMENTATION AND VERIFICATION As provided in 39-30-206, MCA, "a public employer shall, by posting or on the application form, give notice of the preferences that [the Persons with Disabilities Employment Preference Act] provides in public employme…

2.21.1425 DURATION OF PREFERENCE Subject to provisions of 39-30-203, MCA, a person with a disability qualifies for employment preference as long as the disabling condition persists. The spouse of a person who is totally disabled qualifies for employment preference as long as: the…

2.21.1426 MILITARY CONFLICTS (REPEALED) Authorizing statute(s): 39-30-106, MCA Implementing statute(s): 39-30-103, MCA History: NEW, 1984 MAR p. 425, Eff. 3/16/84; REP, 1990 MAR p. 485, Eff. 3/16/90.

2.21.1427 CERTIFICATION OF PERSONS WITH DISABILITIES As provided in 39-30-107, MCA, "the department of public health and human services shall certify persons with disabilities for the purpose of employment preference." In order to be eligible for employment preference, a person w…

2.21.1428 HIRING DECISIONS As provided in 39-30-206, MCA, "If an applicant for a position makes a timely written employment preference claim, the public employer shall give written notice of its hiring decision to each applicant claiming preference." Written notice must be given …

2.21.1429 INTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE As provided in 39-30-207, MCA, "an applicant who believes he has not been accorded his rights under [the Persons with Disabilities Employment Preference Act, 39-30-101, et seq., MCA], may, within 30 days of receipt of the …

2.21.143 ABUSE OF SICK LEAVE (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; AMD, 1997 MAR p. 1440, Eff. 8/19/97; REP, 2004 MAR p. 1321, Eff. 6/4/04.

2.21.1430 EXTERNAL PROCEDURES - ENFORCEMENT OF PREFERENCE "An applicant may, within 90 days after receipt of notice of the hiring decision, file a petition in district court in the county in which his application was received by the public employer," as provided in 39-30-207, MCA…

2.21.1431 REOPENING THE SELECTION PROCESS If a court orders a public employer covered by these rules to reopen the selection process for the position involved, the public employer shall repeat the selection process including any job announcement and solicitation of applications. …

2.21.1432 CONFLICT WITH FEDERAL LAW As provided in 39-30-108, MCA, employment preference does "not apply to work or positions subject to federal laws or regulations, if application of the employment preference conflicts with those laws or regulations." An agency that believes suc…

2.21.144 INDUSTRIAL ACCIDENT (REPEALED) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 2-18-615 and 2-18-618, MCA History: NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1982 MAR p. 2130, Eff. 12/17/82; AMD, 1994 MAR p. 1407, Eff. 5/27/94; AMD, 1997 MAR p. 1440, Eff. …