---
kind: "section"
citation: "42 C.F.R. § 136a.43"
title: "42"
number: "136a.43"
heading: "Application procedure for preference eligibility."
url: "https://uscodex.org/cfr/42/136a.43"
---

# §136a.43. Application procedure for preference eligibility.


To be considered a preference eligible, the person must submit with the employment application a Bureau of Indian Affairs certification that the person is an Indian as defined by [§ 36a.41](/cfr/42/36a.41.md) except that an employee of the Indian Health Service who has a certificate of preference eligibility on file in the Official Personnel Folder is not required to resubmit such proof but may instead include a statement on the application that proof of eligibility is on file in the Official Personnel Folder.


## Notes

### Amendments

[43 FR 29783, July 11, 1978, as amended at 65 FR 53914, Sept. 6, 2000]

### Authority

Authority: 25 U.S.C. 44, 45, 46 and 472; Pub. L. 83-568, 42 U.S.C. 2003.

### Authority

Authority: Sec. 3, 68 Stat. 674; 42 U.S.C. 2003, 42 Stat. 208, sec. 1, 68 Stat. 674; 25 U.S.C. 13, 42 U.S.C. 2001, unless otherwise noted.

### Source

Source: 64 FR 58318, 58319, Oct. 28, 1999, unless otherwise noted. Redesignated at 67 FR 35342, May 17, 2002.

### Amendments

[43 FR 29783, July 11, 1978, as amended at 65 FR 53914, Sept. 6, 2000]