West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-06 - Appeal Of Adverse Suitability Determination › Section 143-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms used in this document which are not included
				  in this section have the meaning given in the Division of Personnel
				  Administrative Rule, 143CSR1, and Pre-employment Reference and
				  Inquiries Rule, 143CSR4.
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, and any employee being considered for transfer or
				promotion to a classified service position for which there is a
				suitability standard that is different and/or more stringent than the
				standard for the employee's current position.
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. By written notification to the Director of Personnel, the
				appointing authority may delegate specific powers authorized by this
				rule to persons who satisfy the definition of employee as established
				in this rule.
2.3.
				Authorized Designee: Employee who is designated by a Qualified Entity
				and approved by the Division of Personnel to receive and process
				criminal history check request forms from subject individuals,
				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 subject individuals, but
				who is neither authorized to receive criminal history information nor
				to make final suitability determinations.
2.5. Director: The Director of
				Personnel, as provided in W. Va. Code §
									29-6-6
				and § 29-6-9, who serves as the executive head of the Division
				of Personnel, or his or her designee.
2.6. Disqualifying Event: Events
				for which a subject individual may be denied employment to include
				those items provided in Section 6.4(a) of the West Virginia Division
				of Personnel Administrative Rule (143CSR1). For the purposes of this
				definition, a plea of "guilty" or "no contest" is considered a
				conviction unless the charge was subsequently invalidated by a court
				decision or a full pardon by the Governor or the President of the
				United States.
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 the
				proper authority requiring 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 the Pre-employment Reference and Inquiries Rule
				(143CSR4).
2.10. Subject
				Individual: An applicant or employee who is subject to a criminal
				history check pursuant to the Pre-employment Reference and Inquiries
				Rule (143CSR4).
2.11.
				Suitability Determination: The assessment of a subject individual'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.