West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-3 - General Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				commissioner may, in his or her sole discretion, continue to request
				competitive registers of eligible applicants from the Division of Personnel
				which shall provide the competitive registers within five business days of
				receipt of the commissioner's request.
3.2. The commissioner may elect in his or her
				sole discretion to post a position internally, externally or both. A position
				to be filled internally, with a candidate whether by transfer or reinstatement,
				shall be posted for at least seven calendar days before the Commissioner may
				select an applicant. For a position to be filled externally, requiring a public
				service announcement, the announcement shall be posted for not less than
				fourteen calendar days.
3.3.
				Postings shall be active for up to one year. If a posted vacancy is not filled
				within in one year of the established closing date, the commissioner will
				repost the vacancy prior to appointment to the vacant position.
3.4. The commissioner may employ any person
				listed on the Transportation Worker I register for employment as a
				Transportation Worker I without regard to the applicant's position on the
				register or competitive list.
3.5.
				The commissioner shall evaluate applicants for employment or promotion within
				the division for positions within the classified service and classified-exempt
				service. The commissioner has sole authority to determine whether applicants
				for positions with the division meet minimum position requirements, including
				whether or not a promotional examination is required.
3.6. The commissioner shall make
				classification determinations for positions within the division by using the
				classification system approved by the State Personnel Board. The commissioner
				may, however, independently submit to the State Personnel Board recommendations
				for the approval of new division classifications or the amendment of current
				division classifications.
3.7. The
				commissioner shall exercise his or her sole discretion regarding the
				application of the Division of Personnel's system of compensation for positions
				in the division within the classified and classified-exempt service.
3.8. The commissioner may independently
				submit to the State Personnel Board recommendations for the approval of a
				special pay scale for some or all of the division's personnel.
3.9. The commissioner has sole authority
				regarding settlement terms and conditions in employee grievances, disputes, or
				other legal proceedings, subject to compliance with requirements of state and
				federal law, rule, or regulation.
3.10. In accordance with the provisions of
				W.Va. Code §
									17-2A-24,
				the commissioner may request, and the Division of Personnel shall facilitate or
				perform, any lawful action necessary to initiate or complete the division's
				employment transactions, including, but not limited to, posting positions on
				applicable systems, initiating public service announcements when requested by
				the division, and processing necessary forms.
3.11. The commissioner shall comply with all
				applicable record retention requirements provided by law.
3.12. The commissioner may declare any
				positions effectively vacant due to employee separations, which were not
				processed prior to the division being placed under the wvOASIS system, and
				subject to being filled.
3.13. The
				commissioner may utilize all vacant position numbers when posting to fill a
				vacancy and may post vacant positions utilizing multiple classifications with
				corresponding job descriptions when the commissioner determines it to be
				necessary and in the best interest of the division.
3.14. A vacancy created when an employee of
				the division separates employment or goes on terminal annual leave may be
				posted and filled immediately upon receipt of the notice that the employee has
				separated from employment or commenced such leave.