§ 21-3-302 - Veterans Preference Law.
               	 		
21-3-302.    Veterans Preference Law.
    (a)  This section shall be entitled the "Veterans Preference Law".
(b)  For purposes of this section, "veteran" means:
      (1)  A  person honorably discharged from a tour of active duty, other than  active duty for training only, with the armed forces of the United  States; or
      (2)  Any person who has  served honorably in the National Guard or reserve forces of the United  States for a period of at least six (6) years, whether the person has  retired or been discharged or not.
(c)  In  every department or agency of state government or institution of higher  education with employee positions subject to the Uniform Classification  and Compensation Act,    21-5-201 et seq., a veteran who voluntarily  submits official proof of his or her status as a veteran, disabled  veteran, or a surviving spouse of a deceased veteran who remains  unmarried at the time the preference is sought and who is a citizen and  resident of this state shall be entitled to employment preference in a  position over other applicants after meeting substantially equal  qualifications.
(d)    (1)  If  there is an examination, evaluation, or similar instrument given for the  purpose of establishing an interview or employment list for such public  sector jobs and a person entitled to preference attains a passing grade  thereon, he or she shall have five (5) points added to his or her final  earned rating if the examination, evaluation, or similar instrument is  subject to numerical scoring.
      (2)  If  the examination, evaluation, or similar instrument is not subject to  numerical scoring, the selection authority must be able to demonstrate  how veterans preference was arrived at in the selection process.
      (3)  A  veteran who established by the records of the federal Department of  Veterans Affairs the existence of a service-connected disability, or a  veteran who is over fifty-five (55) years of age, disabled, and entitled  to a pension or compensation under existing laws, or the spouse of such  a veteran, whose disability disqualifies him or her for appointment  shall have ten (10) points instead of five (5) points added to his or  her final earned rating on the examination, evaluation, or similar  instrument.
(e)  The qualified  veteran's status shall be considered on questions of promotion and  retention of employees according to    21-3-304.
(f)  The  names of candidates who have qualified in an examination, evaluation,  or similar instrument given for the purpose of establishing an interview  or employment list shall be entered on an appropriate register or list  of eligibles in the following order:
      (1)  Names  of ten-point-preference eligibles shall be placed at the head of the  register or applicant list of persons certified as having equal  eligibility points;
      (2)  Names of  five-point-preference eligibles shall be placed at the head of the  register or applicant list of persons certified as having equal  eligibility points; and
      (3)  Names  of all other eligibles who do not have preference as provided in this  section shall be placed on the register or applicant list in accordance  with their ranking of eligibility points.
(g)  The  persons entitled to preference shall not be disqualified from holding  any position on account of age or by reason of any physical disability,  provided that the age or disability does not render the person incapable  to perform properly the duties of the position for which he or she  applied.
(h)  Nothing in this section  shall be construed to apply to the position of elective or political  appointees in any department, agency, or institution of higher education  or to any person holding a strictly confidential administrative or  secretarial position in relation to the appointing officer.