West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Accrue" means the process of increasing
				or accumulating periodically or by increment.
2.2. "Accrual Rate" means the grouping by the
				cumulative years of eligible employment which is used to determine the rate of
				accrual of annual leave benefits.
2.3. "Agency" means any authority, bureau,
				commission, or Division or similar cabinet subpart of the Department of
				Transportation.
2.4. "Agency head"
				means the chief executive officer of an agency.
2.5. "Annual Leave" means an accrued benefit
				of paid time off from work that is earned by an employee to be used with prior
				approval of the appointing authority or designee.
2.6. "Allocation" means the assignment of a
				position to a class by the Division of Human Resources of the Department of
				Transportation based on the duties performed and responsibilities
				assigned.
2.7. "Appeal" means a
				request made to an agency head or the Division to reconsider a
				decision.
2.8. "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 Human
				Resources.
2.9. "Appointment" means
				the act of hiring an applicant for employment.
2.10. "Business Necessity" means the reason
				or cause for any of a variety of personnel actions based upon the condition of
				the Department, 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.
2.11.
				"Classification and Compensation Career Plan" or "CCCP" means the Department of
				Transportation's plan by which positions in the merit-based personnel system
				are designated as classified service or classified-exempt service, allocated by
				class, assigned official pay rates and compensation ranges, and by which pay
				administration rules are established.
2.12. "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.
2.13. "Class Specification" means the
				official description of a class of positions for the purpose of describing the
				nature of work, providing examples of work performed, and identifying the
				knowledge, skills, and abilities, required while stating the generally accepted
				minimum qualifications required for employment.
2.14. "Classified Employee" means an employee
				who occupies a position allocated to a class in the classified service of the
				CCCP or the West Virginia Division of Personnel classified service.
2.15. "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 CCCP merit
				system.
2.16. "Classified Service"
				means those positions which satisfy the definitions for "class" and "classify"
				and which are covered under the CCCP merit system standards or the West
				Virginia Division of Personnel classified service.
2.17. "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.
2.18. "Competitive list" or "register" 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 Department
				of Transportation's examination for the competitive appointment of classified
				employees.
2.19. "Date and Time of
				Separation" means the 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 notification is received 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
				Department of Transportation, or due to disability as verified by a physician
				or practitioner.
2.20. "Day" means
				an interval of 24 hours as represented by a calendar day, unless otherwise
				specified.
2.21. "Demotion" means 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.
2.22. "Demotion with Prejudice" means a
				disciplinary action resulting in the reduction in pay and a change in job class
				to a lower job class.
2.23.
				"Demotion without Prejudice" means a reduction in pay and 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.
2.24. "Department" means
				the Department of Transportation.
2.25. "Disability" means a physical or mental
				impairment which substantially limits one or more of a person's major life
				activities, a record of such impairment, or regarded as having such an
				impairment.
2.26. "Discretionary"
				means within a choice or judgment.
2.27. "Dismissal" means an involuntary
				separation of employment of a classified employee initiated by an agency head
				for any reason specified in this rule or for good cause; involuntary separation
				of employment of a classified-exempt employee with or without cause.
2.28. "Division" means the Division of Human
				Resources within the Department of Transportation.
2.29. "Effective Date" means the established
				date an action takes place.
2.30.
				"Eligible Applicant" or "Eligible" means an applicant accepted for an
				examination who meets all minimum requirements and whose name is listed on the
				register or competitive list established for the class of position.
2.31. "Employee" means a person who lawfully
				occupies a position in a DOT agency and who is paid a wage or salary and who
				has not severed the employee-employer relationship.
2.32. "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.
2.33. "Fitness" means suitability to perform
				all essential duties of a position by virtue of meeting the established minimum
				qualifications and being otherwise qualified.
2.34. "Full-time Employee" means any employee
				who works the full work schedule established for the agency.
2.35. "Hourly Rate" means the total annual
				salary, excluding annual increment, divided by 2,080 hours for full-time
				permanent and temporary salaried employees or divided by the actual number of
				hours worked annually for part-time permanent employees, and temporary salaried
				employees.
2.36. "Immediate Family"
				means the parents, children, siblings, spouse, parents-in-law, children-in-law,
				grandparents, grandchildren, stepparents, stepsiblings, stepchildren, foster
				children, individuals in an in loco parentis relationship, and individuals in a
				legal guardianship relationship.
2.37. "Incapacity" means an illness of, or
				injury to, an employee which temporarily prevents him or her from performing
				the essential duties of his or her position.
2.38. "Incumbent" means any employee
				occupying a position.
2.39. "Job
				Abandonment" means the unauthorized absence from work under such conditions as
				to be synonymous with resignation.
2.40. "Last Date and Time on Payroll" means
				the calendar date and hour an employee's pay ceases.
2.41. "Last Day of Work" means the last
				calendar date and hour an employee is physically on the job.
2.42. "Lateral Class Change" means the
				movement of any employee from one class to another class in the same
				compensation range.
2.43. "Layoff"
				means a reduction in the number of employees resulting in involuntary
				separation from employment or reduction in work schedule due to business
				necessity.
2.44. "Minimum
				Qualifications" means the least experience, training, or a combination of both
				required by the Division for employment in a class of position and admission to
				an examination for that class of position.
2.45. "Month" means any of the twelve parts
				into which the calendar year is divided.
2.46. "Occupational Group" means a category
				of job classes grouped by similarity of occupation or profession.
2.47. "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.
2.48. "Organization" means a hiring unit
				within the Department of Transportation.
2.49. "Original Appointment" means initial
				employment of an individual into the Department's "CCCP" merit system, or the
				West Virginia Division of Personnel's merit system, 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.
2.50. "Part-time Employee" means any person
				who works less than the full-time work schedule established for an
				agency.
2.51. "Pay Differential"
				means a type of salary adjustment to address circumstances including, but not
				limited to, class-wide recruitment or retention problems, regionally specific
				geographic pay disparities, apprenticeship program requirements, shift
				differentials for specified work periods, and temporary upgrade
				programs.
2.52. "Pay Increment"
				means the step increase amounts established to implement pay practices
				including hiring rates, salary advancements, and pay on promotion within the
				CCCP.
2.53. "Pay Plan" means a
				compensation schedule for the Department's classified service consistent with
				merit principles.
2.54. "Pay Rate"
				means one of the monthly or hourly rates within the compensation range
				established for each class included in the approved pay plan; the usual rate of
				pay. Though pay may be expressed in terms of a monthly rate, employees may be
				paid on a bi-weekly basis.
2.55.
				"Per Diem" means a daily rate of pay.
2.56. "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 agency's right to
				terminate the employee for cause for a classified exempt employee, at the will
				and pleasure of the agency head.
2.57. "Physician or practitioner" means a
				person licensed under the laws of a state to practice medicine or a medical
				practitioner.
2.58. "Posting" means
				the method of announcing a job vacancy either internally or externally.
2.58.a. An internal posting is a job vacancy
				announced to all current and former certified permanent state employees in the
				classified service through the Division's posting system.
2.58.b. An external posting is an
				announcement to the general public through a public service announcement that
				the Division is accepting applications for an examination.