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Absolute Preference, Written Reasons, and Three Ways to Enforce It

Preference in appointment and employment over any other applicant of no greater qualifications, across state departments, counties, cities and school corporations — with a duty to put the reasons for refusal in writing, and mandamus, appeal or binding arbitration if the preference is refused.

Verified August 22, 2026

What this benefit is

Preference in appointment and employment over any other applicant of no greater qualifications, across state departments, counties, cities and school corporations — with a duty to put the reasons for refusal in writing, and mandamus, appeal or binding arbitration if the preference is refused.

Who is entitled to it

  • You served in the armed forces.
  • You are applying in this state.

Not sure whether that describes you?

Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.

How to claim it

  1. 1Answer the military service question. Every application for a job of the state or its political subdivisions must contain an inquiry into service during the wars or armed conflicts specified in §35C.1(1), and the department of administrative services informs the hiring agency of that service.
  2. 2Ask for the reasons in writing. Under §35C.3 the appointing officer must set out in writing, and file for public inspection, the specific grounds on which it appointed or refused to appoint you — and at application or at interview you may request notification of refusal, or notification with the specific grounds, sent within ten days after the successful applicant is selected.
  3. 3Where a political subdivision fills a job through a point-rated qualifying examination, the preference is the same as the municipal civil service one: five percentage points added to the score, and five more with a service-connected disability, VA compensation or pension. A Purple Heart awarded for wounds in action counts as a service-connected disability for this purpose.
  4. 4If the preference is refused there are three routes, and they are cumulative: mandamus within 300 days (§35C.4), an appeal to the district court on 20 days’ notice (§35C.5), or binding arbitration within 60 days of written notice of the refusal (§35C.5A).
Form
Employment application — the military service question on the form is what raises the preference
File with
The hiring public employer
Documents you will need
dd214
No renewal
Once granted it does not need renewing.
CorrectionThe headline mechanism is not points. §35C.1 gives preference in appointment and employment over other applicants "of no greater qualifications" — an absolute preference on equal footing, reaching every public department, all public works, and the counties, cities and school corporations alike. Points enter only where a point-rated qualifying examination is used, and then by reference to §400.10.
Worth knowingThe points under §400.10 have three limits worth knowing: they are given only on passing, they cannot be the deciding factor in passing, and they are applied once to the final scores used to rank applicants for an interview. They do not apply to promotions, or to appointments of police and fire chiefs.
Worth knowingThe protection continues after hiring. A preference-holder cannot be removed except for incompetency or misconduct shown after a hearing on due notice and stated charges (§35C.6), and §35C.7 puts the burden of proving incompetency or misconduct on the party alleging it. Written notice of the right to certiorari or judicial review must be given on removal.
Worth knowingAge and physical disability cannot disqualify a preferred person under §35C.2, so long as they do not render the person incompetent to perform the duties. Private secretaries, deputies and strictly confidential positions are outside the chapter (§35C.8).
Worth knowingA statutory clearinghouse exists: §35C.9 requires the department of workforce development, with administrative services and the attorney general, to publish a plain-language statement of the rights and duties under this chapter, and to link it from the workforce development, administrative services, attorney general and veterans affairs websites.

Sources

This finder provides an informational match, not a government eligibility determination. The responsible agency decides your application.