North Dakota § 37-01-25.1 Reinstatement to former position - Appeals - Penalty

North Dakota Statutes

§ 37-01-25.1 — Reinstatement to former position - Appeals - Penalty

North Dakota § 37-01-25.1

Title 37Military

Ch. 37-01General Provisions

This text of North Dakota § 37-01-25.1 (Reinstatement to former position - Appeals - Penalty) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 37-01-25.1 (2026).

Text

Any person referred to in section 37-01-25, who within ninety days after receiving a
discharge other than dishonorable from such active noncivilian service, and who is not
physically or otherwise incapacitated to perform the duties of the position formerly held by the
person, applies for such position held by the person at the time of entering such active service,
must be given such position or one of like seniority, status, and pay, and is immune to discharge
from said position except for cause, as defined by the department of veterans' affairs, for a
period of one year after entering upon the duties of the person's civilian position. Any such
person not so re-employed or who is discharged within a period of one year without cause, has
the right of appeal to the department of veterans' af

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Any person referred to in section 37-01-25, who within ninety days after receiving a
discharge other than dishonorable from such active noncivilian service, and who is not
physically or otherwise incapacitated to perform the duties of the position formerly held by the
person, applies for such position held by the person at the time of entering such active service,
must be given such position or one of like seniority, status, and pay, and is immune to discharge
from said position except for cause, as defined by the department of veterans' affairs, for a
period of one year after entering upon the duties of the person's civilian position. Any such
person not so re-employed or who is discharged within a period of one year without cause, has
the right of appeal to the department of veterans' affairs under such rules and regulations as the
administrative committee on veterans' affairs may promulgate. If the department of veterans'
affairs finds that such person was not re-employed or was discharged within one year without
cause, it may order any officer or other appointing power to comply with the provisions of this
chapter. If such person at the time of entering noncivilian service has been an officer or
employee of the state of North Dakota or any political subdivision or city thereof, having a merit
or civil service system with an appeal board, such appeal board has the same powers as are
granted to the department of veterans' affairs in this section. In order to carry out the provisions
of this chapter, the department of veterans' affairs is hereby authorized to contract and pay for
technical or other services with any board, council, or commission established by such state
agencies, departments, or divisions to administer such systems. Any person violating any of the
provisions of this section is guilty of an infraction.