West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-04 - Pre-Employment Reference And Inquiries Rule › Section 143-4-2 - 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 Administrative Rule of the
				  Division of Personnel, 143CSR1.
2.1. Applicant: Individual being
				considered for employment in the classified service of the State of
				West Virginia or in the classified service within a County Health
				Department including any employee being considered for transfer to
				any organizational unit with a different appointing
				authority.
2.2.
				Appointing Authority: The executive or administrative head of an
				agency who is authorized by statute to appoint employees in the
				classified or classified-exempt service.
2.3. Authorized Designee: Employee
				who is designated by an appointing authority and approved by the
				Division of Personnel to receive and process criminal history check
				request forms from applicants, receive criminal history information
				and make suitability determinations.
2.4. Contact Person: Employee who
				is designated by an appointing authority and approved by the Division
				of Personnel to receive and process criminal history check request
				forms from applicants, but who is not authorized to receive criminal
				history information nor to make final suitability
				determinations.
2.5.
				Disqualifying Event: Conviction of a crime of an infamous crime or
				other crime involving moral turpitude which has a reasonable
				connection to the position/class for which the applicant or employee
				is applying. For purposes of this, a plea of "guilty" or "no contest"
				is considered a conviction unless the charge was subsequently
				invalidated by a court decision.
2.6. Director: The Director of the
				Division of Personnel or his or her designee.
2.7. Employee: Any person who
				lawfully occupies a position in an agency and who is paid a wage or
				salary and who has not severed the employee-employer
				relationship.
2.8.
				Position: 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.
2.9. Qualified Entity: Any
				appointing authority authorized by the Director of Personnel to
				conduct investigations and/or to secure reports in compliance with
				this rule.
2.10. Subject
				Individual: An applicant or employee who is subject to a criminal
				history check pursuant to this rule.
2.11. Suitability Determination:
				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.
2.12. Transfer:
				The movement of an employee to a classified service position in a
				different subdivision or geographic location of the same or a
				different agency.
2.13.
				Year: Twelve (12) consecutive month period, unless otherwise
				specified.