West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-42 - Personnel Rule for the Tax Division › Section 110-42-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Accrual Rate.
				-- The grouping by the cumulative years of eligible employment which is used to
				determine the rate of accrual of annual leave benefits.
3.2. Accrue. -- To increase or accumulate
				periodically or by increment.
3.3.
				Administrator. -- Any person who fills a statutorily created position within or
				related to an agency or board (other than a board member) and who is designated
				by statute as the commissioner, deputy commissioner, assistant commissioner,
				director, chancellor, chief, executive director, executive secretary,
				superintendent, deputy superintendent or other administrative title, however
				designated.
3.4. Affiliation. --
				Adoption by employees of state agencies or parts of state agencies to the
				classified service by action of the Legislature, executive order of the
				Governor with the consent of the Board and the Tax Commissioner.
3.5. Agency. -- The Tax Division of the
				Department of Revenue.
3.6.
				Allocation. -- The assignment of a position to a class by the Tax Commissioner
				on the basis of the duties performed and responsibilities assumed.
3.7. Appeal. -- A request made to the Tax
				Commissioner or the Board to reconsider a decision.
3.8. Appointing Authority. -- The Tax
				Commissioner who is authorized by statute to appoint employees in the
				classified or classified-exempt service of the Tax Division.
3.9. Appointment. -- The act of hiring an
				applicant for employment.
3.10.
				Available. -- The indication, by an eligible applicant, of the employment
				location and conditions under which employment would be accepted including, but
				not limited to, salary and starting date of employment.
3.11. Board. -- The State Personnel Board as
				provided for in W. Va. Code §
									29-6-6 whose members are appointed
				by the Governor with the advice and consent of the Senate.
3.12. Business Necessity. -- The reason or
				cause for any of a variety of personnel actions based upon the condition of the
				agency, in whole or in part, or specific program component(s) 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.
3.13. Certification. -- The
				official list of eligible applicants given to an appointing authority for
				filling vacancies in the classified service.
3.14. Class or Class of Positions. -- One or
				more positions sufficiently similar in duties, training, experience and
				responsibilities, as determined by class specification, 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.
3.15. Class Specification. -- The official
				description of a class of position which describes the nature of work, provides
				examples of work performed, and knowledges, skills, and abilities, and states
				the generally accepted minimum qualifications required for
				employment.
3.16 Classification
				Action. -- The actions of allocation, reallocation, classification, and
				reclassification.
3.17.
				Classification Plan. -- The plan by which positions in the classified service
				and classified-exempt service have been allocated by class.
3.18. Classified Employee. -- An employee who
				occupies a position allocated to a class in the classified service.
3.19. Classified-Exempt Service. -- As
				established by statute, those positions which satisfy the definitions for
				"class" and "classify" but which are not covered under the Division of
				Personnel merit system standards or employment standards of the higher
				education governing boards.
3.20.
				Classified Service. -- Those positions which satisfy the definitions for
				"class" and "classify," and which are covered under the Division of Personnel
				merit system standards.
3.21.
				Classify. -- The process of ascertaining, analyzing, and evaluating the duties
				and responsibilities of positions to group the positions in classes and to
				determine classes utilized by the Tax Division.
3.22. Commissioner. - The Commissioner of the
				Tax Division of the Department of Revenue or his or her designee.
3.23. Compensation Plan. -- The official
				schedule of pay rates, the range assigned to each class of positions and the
				salary regulations used in pay administration in the classified
				service.
3.24. Date and Time of
				Separation. -- Last date and time worked by an employee separated from
				employment due to dismissal, voluntary resignation, voluntary retirement,
				layoff, or death; the date of death of employees who die while on paid or
				unpaid leave; the date and time of notification by employees resigning or
				retiring while on military leave, or while receiving workers' compensation
				temporary total disability benefits as a result of a personal injury or illness
				received in the course of and resulting from covered employment with the State
				in accordance with W. Va. Code §
									23-4-1, or due to disability as
				verified by a physician.
3.25. Day.
				-- Unless otherwise specified, the use of "day" means a calendar day.
3.26. Demotion. -- A change in the status of
				an employee from a position in one class to a position in a lower job class as
				measured by compensation range, minimum qualifications, or duties, or a
				reduction in an employee's pay to a lower rate in the compensation range
				assigned to the class. There are two (2) types of demotion:
3.26.1. Demotion with Prejudice. -- A
				disciplinary action resulting in the reduction in pay and a change in job class
				to a lower job class.
3.26.2.
				Demotion without Prejudice. - A reduction in pay and/or a change in job class
				to a lower job class due to business necessity or as a result of an employee
				being selected for a vacant, posted position for which he or she
				applied.