55A-7.009. Announcements, Applications and Due Process

(1) The employer, whether the state or a political subdivision, shall give notice in all written announcements and audio and video advertisements of employment opportunities subject to preference under Section 295.07, F.S., that preference in appointment will be given to preference-eligible applicants, and shall indicate whether such position is deemed eligible for a waiver of postsecondary educational requirements.

(2) The employer shall inform preference-eligible applicants at the time of application of the right to an investigation by the Department if a non-preference eligible applicant is appointed to a position, the time limits for requesting such investigation, and the address to which the request for an investigation should be sent.

(3) Any employment application forms for positions that are subject to Veterans’ Preference under Section 295.07, F.S., shall ask whether the applicant is claiming Veterans’ Preference, and shall state that required documentation must accompany application or be submitted prior to the application deadline date and time.

(4) The employer shall ensure that records are maintained which document the manner of the selection and the propriety of the selection process and decision in accordance with federal and state laws.

(5) In the event that a preference-eligible applicant is not selected for a position, the employer shall notify the applicant within 14 business days of the hiring decision, which time clock begins to run when the employer secures a commitment from the selected applicant for a date certain to start work.

(6) The employer is required to document and justify the decision to hire a non-preference eligible applicant over the preference-eligible applicant because the decision may be challenged by the preference-eligible applicant and subjected to review by the Department of Veterans’ Affairs pursuant to Section 295.11, F.S., resulting in investigative findings as to the merits which will be sent to the complaining applicant and the employer. If an applicant pursues an administrative determination in accordance with Section 120.569 or 120.57, F.S., the Department’s opinion may be sent to the Public Employees Relations Commission.

(7) Jurisdiction to effectuate the purposes of Sections 295.07-295.09, F.S., shall vest with the Public Employees Relations Commission for an administrative determination which may include hearing, dismissal without hearing, and entering orders as it deems appropriate under the powers and duties authorized by Sections 295.11 and 447.207(9)(c), F.S. Its decision shall be final agency action, which shall be reviewable pursuant to Section 447.504, F.S., in the district courts of appeal pursuant to Section 120.68, F.S.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.065, 295.11 FS. History–New 3-30-88, Formerly 22VP-1.009, Amended 2-12-90, 7-12-93, 6-11-08, 6-27-16, 8-17-22.