The proposed amendments will refine and clarify certain concepts in order to provide more consistency among public employers during various processes involving recruiting, selecting, and promoting preference-eligible persons.

 

DEPARTMENT OF VETERANS' AFFAIRS

Division of Veterans’ Benefits and Assistance

RULE NOS.:RULE TITLES:

55A-7.010Employment Preference When Using a Numerically Based Selection Process

55A-7.0111Reinstatement or Reemployment; Promotion Preference

55A-7.013Documentation of Preference Claim

PURPOSE AND EFFECT: The proposed amendments will refine and clarify certain concepts in order to provide more consistency among public employers during various processes involving recruiting, selecting, and promoting preference-eligible persons.

SUMMARY: The agency has recently identified enhancements that will better serve Veterans and employing agencies of the State and its political subdivisions but clarifying certain provisions within the rules to facilitate interpretations of scoring and timelines.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 295.07(2), FS.

LAW IMPLEMENTED: 295.065, 295.07, 295.08, 296.085, 295.09, 295.11, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: May 15, 2019, 10:00 a.m.

PLACE: Medal of Honor Conference Room 342, 11351 Ulmerton Road, Largo, Florida 33778, or Teleconference: 1(727)518-3202, extension 7008#, and entering participant passcode: 7002, then #; access point for persons interested in attending the meeting at the Mary Grizzle Building, Room 342, 11351 Ulmerton Road, Largo, Florida 33778

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least five (5) days before the workshop/meeting by contacting: Lillian Dupree, FRP, Operations Analyst II, at [phone] ext. 7713, fax [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Williams, Florida Department of Veterans’ Affairs, 11351 Ulmerton Road, Room 311-K, Largo, Florida 33778, [e-mail]/ or [phone], ext. 5611.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

55A-7.010 Employment Preference When Using a Numerically Based Selection Process.

(1) No change.

(2) 15 augmentation points shall be added for:

(a) through (b) No change.

(c) Except for classes of positions with Federal Government designations of professional or technician, all persons eligible for a 15-point preference whose service-connected disabilities have been rated at 30% or more, and meeting minimum qualifications established for the position, shall be placed at the top of the appropriate register or employment list in accordance with his or her respective augmentation points, and shall be granted an interview in all cases.

(3) through (4) No change.

(5) Augmentation points are to be added to a qualified candidate’s examination score of 100 as follows: 15 points for paragraph (2)(a) or (b), in this rule; 10 points for paragraph (3)(a), (b), or (c), in this rule; 5 points for paragraph (4)(a) or (b), in this rule. However, where the highest possible examination score is more or less than 100, an alternative procedure makes it permissible to apply percentages to calculate additions to points instead, as follows: 15 percent for persons described in paragraph (2)(a) or (b), of this rule; 10 percent for persons described in paragraph (3)(a), (b), or (c), of this rule; and 5 percent for persons described in paragraph (4)(a) or (b), of this rule. If the total possible score is exactly 100, augment directly with 5, 10, or 15 points; if the total possible points are less than or more than 100 points, use percentages to calculate points for addition to examination score. For example, if an applicant scores 50 points, and is a person described in paragraph (3)(a), (b), or (c), of this rule, then calculate 10% for additional points, resulting in a final score of 55.

(6) No change.

(7) If a position is advertised as a “Veteran-only position,” points shall be applied based upon “Augmented Rating” as defined in Subsection 55A-7.003(3), F.A.C., and interviews will be based on the applicant’s total numerical score regardless of augmentation category.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.08 FS. History–New 3-30-88, Formerly 22VP-1.010, Amended 2-12-90, 7-12-93, 12-27-98, 6-11-08, 6-27-16,______.

 

55A-7.0111 Reinstatement or Reemployment; Promotion Preference.

(1) When an employee leaves employment of the state or its political subdivisions for the purpose of serving in the Armed Forces of the United States, Reserve Component of the United States Armed Forces or The Florida National Guard, and is separated therefrom with an honorable discharge, the state or its political subdivision shall reinstate or reemploy such person under the following conditions:

(a) No change.

(b) Reinstatement or reemployment is made within (one) 1 year of the date of separation from the military service, or, in the case of extended active duty for a required military purpose other than for receiving training, within (one) 1 year of the date of discharge or separation subsequent to the extension.

(2) Persons reinstated or reemployed under this rule shall be awarded preference in promotion, and shall be promoted ahead of all other employees who are equally as well or less qualified for the position, if their service was full-time/active duty status for at least 90 consecutive days, or less, if discharged early while serving in a combat zone or due to medical reasons. When a numerically-based selection process is used, such persons shall be eligible for preference points and ranking on the register as provided by Rule 55A-7.010, F.A.C., of this chapter. When a numerically-based selection process is not used, Rule 55A-7.011, F.A.C., applies. Eligibility for preference in promotion shall apply only to a Veteran’s first promotion after reinstatement or reemployment, without exception.

(3) through (4) No change.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.08, 296.085, 295.09 FS. History–New 3-30-88, Formerly 22VP-1.0111, Amended 6-11-08, 6-27-16,_____.

 

55A-7.013 Documentation of Preference Claim.

(1) through (6) No change.

(7) All Documentation for all applicants may shall submit include: a Veterans’ Preference Certification, FDVA form VP-1, incorporated by reference and found at http://www.flrules.org/Gateway/reference.asp?No=Ref-06983, or a simple letter, form, or other written application containing essentially the same information, and the following:

(a) through (d) No change.

(e) The mother, father, legal guardian, or unremarried widow or widower of a deceased Veteran shall furnish a document from the Department of Defense showing the death of the service member while on duty status under combat-related conditions or the DVA certifying the service-connected death of the Veteran. The mother, father, or legal guardian shall provide evidence of familial relationship, such as a birth certificate. The unremarried widow or widower of a deceased Veteran shall furnish a document from the Department of Defense or the DVA certifying the service-connected death of the Veteran, and shall provide evidence of marriage, such as a marriage certificate. This evidence may be proved by providing a completed Certification of Unremarried Widow or Widower, FDVA form VP-3, incorporated by reference and found at http://www.flrules.org/Gateway/reference.asp?No=Ref-06985 or document or form that similarly provides evidence regarding such the status. This documentation is intended to facilitate granting rather than denying a benefit. , and certification that the spouse has not remarried by providing a completed Certification of Unremarried Widow or Widower, FDVA form VP-3, incorporated by reference and found at http://www.flrules.org/Gateway/reference.asp?No=Ref-06985.

(f) The current service member of any active component of the United States Armed Forces who is expected to be discharged or released from active duty service under honorable conditions no later than 120 days after the date that a Statement of Service certification or letter is prepared by the armed forces, shall be treated as a Preference-Eligible applicant. These documents may be provided in lieu of a DD-214 or other documentation which may not be available until active service has ended.

(g)(f) The current member of any reserve component of the United States Armed Forces may shall provide a signed memorandum stating he or she is serving honorably from his or her Commander or military human resource personnel, or a completed Certification of Current Member of Reserve Component of the United States Armed Forces or The Florida National Guard, FDVA form VP-2, incorporated by reference and found at http://www.flrules.org/Gateway/reference.asp?No=Ref-06984, signed by an immediate military supervisor, in addition to the FDVA form VP-1. Full-Time duties and operational support assignments in the Reserve Component and the Florida National Guard, for all purposes other than receiving training, are Preference-Eligible for recruitment, hiring, retention, and promotional preferences. The current service member of any active component of the United States Armed Forces who is expected to be discharged or released from active duty service under honorable conditions no later than 120 days after the date that a Statement of Service certification or letter is prepared by the armed forces, shall be treated as a Preference-Eligible applicant. These documents may be provided in lieu of a DD-214 or other documentation which may not be available until active service has ended.

(h)(g) The employer has an affirmative duty to notify the applicant if a timely submitted Veterans’ Preference claim is later found to be missing information; the employer shall advise the applicant of what is missing and provide a reasonable amount of time for the applicant to cure the deficiency. Specifically, the employer shall advise the applicant using e-mail, written correspondence or another method, which may be later provided as evidence to the Department and the Public Employees Relations Commission, of what Veterans’ Preference documentation is missing, and thereafter request that the applicant for the Veterans’ Preference benefit cure any deficiency by submitting the missing documentation within five (5) business days following the date the request is received by the person seeking the Veterans’ Preference benefit. An employer must document at least one attempt to contact the applicant. The hiring of the most qualified candidate does not obviate the requirement for statutory compliance with the obligation for providing Veterans’ Preference to all eligible candidates.

(i) All persons seeking Veterans’ Preference shall attempt to contact Human Resources or other designated contact at least one time after 45 days have passed, but not longer than 90 days from the final date for submitting an application or the interview date, whichever is later in time, and shall document such attempt, if the applicant has not received notice of a hiring decision from the employer. If the employer does respond to the attempted contact, the applicant has 60 days from that attempt date to file a complaint with FDVA.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.065, 295.07, 295.11 FS. History–New 3-30-88, Formerly 22VP-1.013, Amended 2-12-90, 7-12-93, 12-27-98, 6-11-08, 6-27-16,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Charles T. Faircloth, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Daniel W. “Danny” Burgess, Jr., Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 23, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2018