Refusal to give preference - Retaliatory action or removal - Remedies - Procedures
N.D. Cent. Code § 37-19.1-04
in effect37-19.1-04. Refusal to give preference - Retaliatory action or removal - Remedies -
Procedures.
1. If a veteran, or a qualified veteran's spouse, hereafter known as the applicant, is not
given the preference provided in section 37-19.1-02 or 37-19.1-03, the applicant,
within fifteen calendar days after receipt of notification by certified mail or through a
designated electronic communication that employment has been refused, may request
a hearing as provided in subsection 3. The notification from the employer must include
the reasons for nonselection, inform the applicant of the right to an appeal hearing,
inform the applicant of the requirement that the request for a hearing must be filed by
certified mail or designated electronic communication within fifteen calendar days after
the notification, inform the applicant that a request for an appeal hearing must be
made to the commissioner of veterans' affairs at the included commissioner's mailing
address or electronic mail address, and inform the applicant that if the applicant
requests an appeal, the applicant must provide by mail or designated electronic
communication a copy of the request for an appeal hearing to the employer or
employing agency. The applicant's request for a hearing must be in writing, must
include a copy of the employer's notification that employment has been refused, and
must be submitted to the commissioner of veterans' affairs by certified mail or
electronic means designated by the commissioner. A copy of the written request must
be provided to the employer or employing agency by certified mail or electronic means
designated by the employer or employing agency. The applicant is entitled to
immediate employment in the position for which application was originally made, or an
equivalent position, together with backpay and benefits from the date the appointment
should have been made less amounts otherwise earnable through due diligence, if the
hearing officer finds in favor of the applicant.
2. Any person who has exercised the right to an employment preference under this
chapter, and who, within one year after exercise of that right:
a. Is discharged;
b. Has had compensation reduced; or
c. Is otherwise subject to action by the employing agency designed to cause the
veteran or qualified veteran's spouse to resign or quit employment, is entitled to a
hearing if the person believes that the employing agency took any of the
above-described action due to the exercise of employment preference. The
hearing must be held before a hearing officer as provided in subsection 3. If the
hearing officer finds that the employing agency took any of the actions described
in subdivision a, b, or c due to the person's exercise of the right to an
employment preference, the hearing officer shall order the employing agency to
cease and desist from such action or to reinstate the veteran or qualified
veteran's spouse. The request for a hearing under this subsection must be in
writing addressed to the commissioner of veterans' affairs. The request for a
hearing must identify the employer or employing agency that took any action
described in subdivision a, b, or c and describe the action taken. A copy of the
written request must be mailed to the employer or employing agency. The
request, addressed to the commissioner of veterans' affairs and the copy to the
employer or employing agency, must be made by certified mail within fifteen
calendar days after any action described in subdivision a, b, or c is taken by the
employing agency.
3. Within fifteen calendar days after receiving a request from an applicant or person
under subsection 1 or 2, the commissioner of veterans' affairs may request the director
of the office of administrative hearings to designate a hearing officer to hear the
grievance arising under subsection 1 or 2. The commissioner shall notify the employer
or employing agency that a request for a hearing has been made. The office of
administrative hearings is entitled to be reimbursed by the employer or employing
agency for all hearing officer services rendered and expenses incurred in performing
these duties. The hearing officer shall hold the hearing within thirty calendar days after
the hearing officer request is received by the director of the office of administrative
hearings. Notwithstanding the time limitation, the hearing officer may postpone or
continue the hearing for good cause, at the request of a party. At the hearing, both
parties may be represented by counsel. If the hearing is requested pursuant to
subsection 1, the employing agency has the burden of proving that the veteran or the
qualified veteran's spouse did not possess the qualifications required for the position. If
the hearing is requested pursuant to subsection 2, the employing agency has the
burden of proving that any action which was taken was not taken because of exercise
of the right to an employment preference. The hearing officer shall issue findings of
fact, conclusions of law, and an order within fifteen calendar days after the hearing is
concluded, briefs filed, and arguments closed. The order is binding on both parties,
subject to appeal.
4. Any party aggrieved by the findings of fact, conclusions of law, and order of the
hearing officer may appeal in the manner provided for in chapter 28-32, except that the
appellant need not execute an undertaking.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t37c19-1.pdf#nameddest=37-19p1-04Fetched: 10/16/2026