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§ 39-29-102 — Montana Law | CourtGPT
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  6. Part 1 - General Provisions39-29-101. Definitions/
  7. § 39-29-102
Montana Legal Code

§ 39-29-102

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39-29-102. Point preference or alternative preference in initial hiring for certain applicants -- substantially equivalent selection procedure. (1) Subject to the restrictions in subsections (2) and (3), whenever a public employer uses a scored procedure, an applicant for an initial hiring, as defined in 39-30-103, must have added to the applicant's score the following percentage points of the total possible points that may be granted in the scored procedure: (a) 5 percentage points if the applicant is a veteran; and (b) 10 percentage points if the applicant is a disabled veteran or an eligible relative. (2) A veteran, disabled veteran, or eligible relative may not receive the percentage points provided for in subsection (1) unless the person: (a) is a United States citizen; and (b) meets the minimum qualifications required for the position. If no applicant meets the minimum qualifications and the public employer fills a training position, veterans' preference must be applied. (3) A disabled veteran who receives 10 percentage points under subsection (1)(b) may not receive an additional 5 percentage points under subsection (1)(a).

tion, veterans' preference must be applied. (3) A disabled veteran who receives 10 percentage points under subsection (1)(b) may not receive an additional 5 percentage points under subsection (1)(a). (4) Whenever a public employer uses a selection procedure other than a scored procedure, the public employer shall give preference to a disabled veteran, a person with a disability, a veteran, an eligible relative as defined in 39-29-101, and an eligible spouse as defined in 39-30-103, in that order, over any nonpreferred applicant holding substantially equal qualifications, as defined in 39-30-103. (5) The preference under this section may include a guaranteed job interview for a veteran who meets the required qualifications for the position and has requested a preference, as provided in 39-29-103, if the public employer provides for a job interview preference by rule or ordinance. The guarantee of a job interview is not part of the preference claim that may be enforced as provided in 39-29-104. History: En. Sec. 2, Ch. 646, L. 1989; amd. Sec. 1, Ch. 168, L. 1999; amd. Sec. 1, Ch. 191, L. 2013.

Source: https://mca.legmt.gov/bills/mca/title_0390/chapter_0290/part_0010/section_0020/0390-0290-0010-0020.html· Version 2025