West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms used in this rule which are not included in this
				  section have the meaning given in the Policy and Procedure Manual of the West
				  Virginia Department of Agriculture
2.1.
				"Applicant" means an individual being considered for employment with the
				Department of Agriculture.
2.2.
				"Appointing Authority" means the Commissioner of Agriculture or Authorized
				Designee
2.3. "Authorized Designee"
				means an employee who is designated by the Commissioner of Agriculture to
				receive and process criminal history check request forms from applicants,
				receive criminal history information and make suitability
				determinations.
2.4. "Contact
				Person" means an employee who is designated by the Commissioner of Agriculture
				to receive and process criminal history check request forms from applicants,
				but who is not authorized to receive criminal history information and make
				final suitability determinations.
2.5. "Department" means the West Virginia
				Department of Agriculture including all affiliated divisions, subdivisions, and
				related entities.
2.6. "Director"
				means the supervisor of a functional sub-unit of the Department.
2.7. "Disqualifying Event" means a conviction
				which has a rational nexus to the position for which the applicant or employee
				is applying. For purposes of this rule, a plea of guilty or no contest is
				considered a conviction unless the charge was subsequently invalidated by a
				court decision.
2.8. "Employee"
				means any person who lawfully occupies a position in the Department, is paid a
				wage or salary, and has not severed the employee-employer
				relationship.
2.9. "Employment"
				means a new hire, promotion, or continued employment.
2.10. "Position" means an authorized and
				identified group of duties and responsibilities assigned by proper authority
				which requires the full-time or part-time employment of at least one
				person.
2.11. "Qualified entity or
				Individual" means any enitity or individual who is authorized by the
				Commissioner or Authorized Designee to conduct investigations and/or to secure
				reports in compliance with this rule.
2.12. "Subject Individual" means an applicant
				or employee who is subject to a criminal history check pursuant to this
				rule.
2.13. "Suitability
				Determination" means the assessment of an applicant's or an employee's criminal
				background record, central abuse registry record, and/or driving record to
				determine whether the individual's employment in a particular position will be
				conducive to a safe workplace and public accountability and is not likely to
				result in damage or injury to others.
2.14. "Transfer" means the movement of an
				employee to a position in a different subdivision of the Department or
				geographic location of the same or a different subdivision.
2.15. "Year" means a twelve (12) consecutive
				month period, unless otherwise specified.