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 157-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Allocation"
				means the assignment of a position to a class by the Division of Personnel or
				the Division of Highways based on the duties performed and responsibilities
				assigned.
2.2. "Application" means
				a form used to gather information sufficient to demonstrate that the applicant
				for employment has the relevant skills, education and experience to perform a
				job or class of jobs and indicates the applicant's literacy and communication
				skills. The application may be prescribed by the Division of Personnel or the
				Division of Highways.
2.3.
				"Appointment" means the act of hiring an applicant for employment.
2.4. Business Necessity. -- The reason or
				cause for any of a variety of personnel actions based upon the condition of the
				division, in whole or in part, or a specific program component which may
				include, but is not limited to, lack of funds or work; abolishment of
				positions; material changes in mission, duties or organization; loss of
				budgeted, allocated or available positions; reinstatement of eligible employees
				returning from military duty or temporary total disability; reinstatement of an
				employee in compliance with a legal order; and for recall of employees
				previously laid off.
2.5. "Class"
				or "Class of Positions" means one or more positions sufficiently similar in
				duties, training, experience and responsibilities, as determined by
				specifications, that the same title, the same qualifications, and the same
				schedule of compensation and benefits may be equitably applied to each position
				in the class.
2.6. "Classified
				Employee" means an employee who occupies a position allocated to a class in the
				classified service.
2.7.
				"Classified-Exempt Service" means as established by statute, those positions
				which satisfy the definitions for "class" and "classify" but which are not
				covered under the Division of Personnel. or the division's merit
				system.
2.8. "Classified Service"
				means those positions which satisfy the definitions for "class" and "classify"
				and which are covered under the Division of Personnel merit system
				standards.
2.9. "Classify" means
				the process of ascertaining, analyzing, and evaluating the duties and
				responsibilities of positions to determine the number and kind of classes
				existing in the service and to group the positions in classes.
2.10. "Competitive list" means an official
				list of currently available eligible applicants for a position or job class
				listed in the order of the final score as a result of the Division of Highways'
				examination for the competitive appointment of classified employees.
2.11. "Commissioner" means the Commissioner
				of the Division of Highways or his or her designee.
2.12. "Day" means an interval of 24 hours as
				represented by a calendar day, unless otherwise specified.
2.13. "Division" or "DOH" means the Division
				of Highways.
2.14. "Eligible
				Applicant or Eligible" means an applicant accepted for a Division of Personnel
				or Division of Highways examination who meets all minimum requirements and
				whose name is listed on the register or competitive list established for the
				class of position.
2.15. "Employee"
				means a person who lawfully occupies a position in the division and who is paid
				a wage or salary and who has not severed the employee-employer
				relationship.
2.16. "Examination"
				means the process of assessing or measuring and evaluating the relative skills,
				abilities and fitness of applicants by job-related procedures. Examples
				include, but are not limited to: application evaluation, written test,
				performance test, physical agility test, interview or oral assessment,
				psychological or behavioral assessment, drug screening, and background
				evaluation.
2.17. "Fitness" means
				suitability to perform all essential duties of a position by virtue of meeting
				the established minimum qualifications and being otherwise qualified.
2.18. "Full-time Employee" means any employee
				who works the full work schedule established for the division.
2.19. "Incumbent" means any employee
				occupying a position.
2.20.
				"Lateral Class Change" means the movement of any employee from one class to
				another class in the same compensation range.
2.21. "Minimum Qualifications" means the
				least experience, training or a combination of both required by the State
				Personnel Board or the division for employment in a class of position and
				admission to an examination for that class of position.
2.22. "Open Competitive Examination" means an
				examination which permits the competition of all persons who meet the publicly
				announced minimum requirements for a class of position.
2.23. "Organization" means a hiring unit
				within the Division of Highways.
2.24. "Original Appointment" means initial
				employment of an individual into the classified service as a result of
				selection from a certification of names from a register or competitive list
				established by open competitive examination or from a preference
				register.
2.25. "Permanent
				Employee" means any classified employee who has completed the probationary
				period prescribed for the job class, or any classified-exempt employee who was
				hired to fill a position for an unlimited period of time, notwithstanding the
				division's right to terminate the employee for cause or at his or her
				will.
2.26. "Posting" means the
				method of announcing a job vacancy either internally or externally.
2.26.1. An internal posting is a job vacancy
				announced to all current and former state employees in the classified service
				through the Division of Personnel posting system.
2.26.2. An external posting is an
				announcement to the general public through a public service announcement that
				the Division is accepting applications for an examination.