# Title 86 — Veterans' Affairs, Administrative Committee on [Not an Administrative Agency]

## Article 86-02 — Department of Veterans' Affairs

## Chapter 86-02-01 — Veterans' Rights to Reemployment

### § 86-02-01-01. Reinstatement to former employment.

The procedures of this chapter establish a means whereby individuals having been denied
reinstatement to a former position may pursue their request for reinstatement as provided in the North
Dakota Century Code section 37-01-25.1.
General Authority: NDCC 37-01-25.1
Law Implemented: NDCC 37-01-25.1
### § 86-02-01-02. Notice of appeal.

Any individual entitled to reinstatement to a former position as set forth in the North Dakota Century
Code section 37-01-25.1 may make the individual's case known to the department of veterans' affairs
of North Dakota and seek assistance in reinstatement by completing notice of appeal form,
DVA-Appeal-1, supplying the information requested in the notice of appeal in specific detail. The
information so provided in affidavit form, sworn to and notarized, shall be delivered to the commissioner
of veterans' affairs, post office box 1287, 1017 fourth avenue north, Fargo, North Dakota 58102. Notice
of appeal forms, DVA-Appeal-1, are available through the department of veterans' affairs in Fargo,
North Dakota, or may be obtained through any county veteran service officer in the state. The
commissioner or any county service officer will assist an applicant in the completion of notice of appeal
whenever assistance is requested.
General Authority: NDCC 37-01-25.1
Law Implemented: NDCC 37-01-25.1
### § 86-02-01-03. Employer response request.

Upon receipt of the notice of appeal, the commissioner shall immediately arrange to advise the
employer, by letter, of the notice of appeal and its total content, through a copy of the notice of appeal.
The employer shall then be provided an opportunity to respond by sworn affidavit setting forth the facts
in the matter. The employer will be advised, at the time of the communication notifying the employer of
the content of the appeal, that the employer has twelve days to provide information to be considered by
the commissioner prior to the commissioner's determination and issuance of an order.
General Authority: NDCC 37-01-25.1
Law Implemented: NDCC 37-01-25.1
### § 86-02-01-04. Issuance of order.

Immediately following the twelve-day period provided for the employer to respond, the
commissioner will carefully examine the information available and will either prepare an order to deny

the applicant's request or order the officer, or other appointing power, to comply with the provisions of
the North Dakota Century Code relative to reinstatement to former position. When the decision of the
commissioner orders reinstatement, the order shall direct the employer to effect such reinstatement
immediately or, in lieu of immediate reinstatement, make satisfactory arrangements for a reinstatement
date concurred in by the applicant.
General Authority: NDCC 37-01-25.1
Law Implemented: NDCC 37-01-25.1
### § 86-02-01-05. Employer failure to implement the order of the commissioner.

In the event an order of the commissioner to reinstate does not effect such reinstatement, the
applicant will be contacted and offered the services of the department to pursue the applicant's appeal
through the district courts, if the applicant so desires.
General Authority: NDCC 37-01-25.1
Law Implemented: NDCC 37-01-25.1
