W. Va. Code R. § 143-1-6 - Applications and Examinations

6.1. Character of Examinations.

6.1.a. Examination procedures for appointment to a position in the classified service shall be conducted on an open competitive basis. Examination procedures shall be developed to reveal the capacity of the applicant to perform the duties of the position or job class for which he or she is competing.

6.1.b. Examinations shall, to the extent possible, be developed on the basis of objective analysis of the job and with the participation of appropriate job experts in the affected agencies and may include: written tests, performance tests, ratings of training and experience, oral examinations, or other assessment procedures related to the content of the job duties and job performance and will be administered without prejudice to all applicants in consideration for the position.

6.1.c. All examination scoring and weighting procedures shall be consistently applied and based on objective job criteria.

6.2. Notice of Examinations. -- The Director shall give public announcement of all open competitive examinations at least fifteen (15)days in advance of the closing date for receipt of applications. Notices of examinations and other publicity may be restricted to the places where additional eligible applicants are needed. Public announcement of examinations shall specify the title and compensation range of the class of position, the duties to be performed, the minimum qualifications required, the final date on which applications will be accepted, and all other conditions of competition. The announcement shall also include any special minimum or substitute position qualification standards which will be used in evaluating applicants. The Director shall develop all announced qualifications for examination on the basis of information contained in class specifications, job description, and/orjob analysis information obtained with the participation of appropriate job experts in affected agencies.

6.3. Filing Applications.

6.3.a. All applications shall be made on forms prescribed by the Director and is filed with the Division of Personnel on or prior to the closing date specified in the announcement. The applications shall be completed in full and may require the inclusion of documents verifying pertinent education, training, licensure, eligibility for veterans' preference points, or any other information which the Director may consider necessary. All applications shall be signed or affirmed by the applicant. The Director may require electronic completion and submission of applications. Electronic applications shall require the applicant's agreed affirmation prior to submission in place of applicant signature. For electronic applications, applicant affirmation agreement and application submission shall be equivalent to affirmation and signature. The Director may verify any information provided on or with an application.

6.3.b. The Director may provide for continuous receipt of applications and for conducting examinations as needed.

6.4. Disqualification of Applicants.

6.4.a. The Director may temporarily or permanently prohibit the reinstatement, appointment, temporary employment, promotion, reallocation, demotion, lateral class change, temporary upgrade, transfer, or examination of an applicant, or after examination, may disqualify the applicant or remove his or her name from a register or certification, or refuse to certify any eligible on a register if:

6.4.a.1. he or she is found to lack any of the requirements established for the position/class;

6.4.a.2. he or she has a disability and is incapable of performing the essential functions of positions in the class with or without reasonable accommodation;

6.4.a.3. he or she has been convicted of a crime which has a reasonable connection to the position/class for which he or she is applying;

6.4.a.4. he or she has made a false statement or omission of material fact or has misrepresented his or her qualifications in his or her application;

6.4.a.5. he or she has previously been dismissed, or resigned in lieu of dismissal, from any public service for delinquency, misconduct, or other similar cause;

6.4.a.6. he or she has used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment;

6.4.a.7. he or she has directly or indirectly obtained information regarding examinations to which he or she was not entitled;

6.4.a.8. he or she has failed to submit his or her application correctly or within the prescribed time limits;

6.4.a.9. he or she has taken part in the compilation, administration, or correction of the examination;

6.4.a.10. he or she has taken the same exact examination within the prescribed re-test waiting period;

6.4.a.11. at least two (2) former employers state that they would not re-employ him or her, or otherwise indicate that his or her services as an employee were unsatisfactory;

6.4.a.12. the register from which he or she is certified is for a class for which oral skills are essential, and at least two agencies have interviewed him or her and report that he or she is not considered to be suitable for a position in the class for which he or she interviewed;

6.4.a.13. he or she is not eligible to work in the United States;

6.4.a.14. he or she fails to comply with any other reasonable requirements established by the Director for the position;

6.4.a.15. sufficient evidence has revealed that, if employed in the classification or position applied for, the applicant is a significant risk to the safety or security of information or persons; or,

6.4.a.16. he or she has otherwise violated provisions of this rule.

6.4.b. Applicants who have previously been dismissed or resigned in lieu of dismissal for failure to return to work from medical leave of absence without pay, maintain required licensure, or meet performance expectations during probationary employment shall not be disqualified from employment except as provided in subdivision 10.5.b of this rule.

6.4.c. The Director shall notify a disqualified applicant of his or her disqualification. Any applicant whose application for examination has been rejected may request that the Director reconsider his or her qualifications. The Director shall consider the request if it is submitted in writing and received not later than fifteen (15) days following the date the rejection notice was sent. Within thirty (30) days after a properly submitted request for reconsideration is received, the Director shall report his or her decision in writing to the applicant. The Director shall determine that uniform rating or review procedures have been applied. A rating in any part of an examination shall not be changed unless the Director finds that an error has been made. Any correction resulting from the reconsideration shall not affect a certification or appointment that has already been made from a register.

6.4.d. An appointing authority may petition the Director, in writing, to reinstate an applicant to the register who has been disqualified under the provisions of subdivision 6.4.a of this rule; provided the appointing authority was the executive or head of the employing agency from which the employee was dismissed or resigned in lieu of dismissal. Approval of such request shall be at the discretion of the Director.

6.5. Conduct of Examinations.

6.5. Online examinations are available to applicants wherever there is internet access. An applicant may re-test and the applicant's most recent test score will be used for placement on the hiring register even if said score is lower than prior test scores.

6.6. Scoring Examinations.

6.6.a. The Director shall determine a final score for each applicant's examination, computed in accordance with the weights established for the several parts. Failure in any part of an examination may disqualify the applicant in the entire examination and may disqualify him or her from participation in subsequent parts of the examination. All applicants for the same position shall be accorded uniform and equal treatment in all phases of the examination procedures.

6.6.b. Any veteran (as defined in Section 3 of this rule) who claims veterans' preference and who has made a passing grade in an open competitive examination shall have five (5) points added to his or her final earned score. An additional five (5) points shall be added to the augmented earned score of any veteran with a compensable service-connected disability or who has been awarded the Purple Heart.

6.6.b.1. Any person claiming veterans' preference or disability preference shall submit satisfactory proof of his or her service or disability to the Director. Veterans' preference points are not added to final passing scores on promotional examinations.

6.6.b.2. To receive veterans' preference points, separation from active duty must have been under honorable conditions. This includes honorable and general discharges. A clemency discharge does not meet the requirement of this subsection. Active duty for training in the military reserve and national guard programs is not considered active duty for purposes of veteran preference.

6.6.c. The Director shall use appropriate professional standards, techniques and procedures in rating the results of examinations and in determining the final scores of competitors.

6.7. Rating Training and Experience. -- If training and experience form a part of the total examination, the Director shall determine a procedure for the evaluation of the training and experience qualifications of the various applicants. The procedure and standards used in the evaluation shall be job-related and consistently applied to all applicants.

6.8. Oral Examinations. -- When an oral examination forms part of a total examination for a position, the Director shall appoint one or more oral examination boards as needed. Any person holding political office shall not serve as a member of any of the boards.

6.9. Notice of Examination Results. -- Each applicant passing all parts of the examination shall be notified of his or her final score as soon as practical after the scoring of the examination has been completed and the register established. The Director shall notify an applicant who fails any part of the examination or the total examination.

6.10. Special Examination. -- The Director may modify examination procedures to afford reasonable accommodation to otherwise qualified disabled applicants. The modifications may include changes in the existing testing procedures or the use of specific evaluations of the applicants' observable job skills and/or the applicants' record of past performance, experience and training.

6.11. Correction of Errors. -- If, within thirty (30) days after receipt of his or her score notice, an applicant notifies the Director of a manifest error in the scoring of an examination or other evaluation of the applicant's qualifications, the Director shall, after verification of the error, promptly correct that error. The Director shall send formal written notice of the correction to the applicant. These corrections of errors shall not invalidate any certifications or appointments made prior to corrections of the errors.

6.12. Examination Records. -- The Director is responsible for the maintenance of all records pertinent to the examination program in accordance with official retention schedules and shall hold the records in confidence as specified in W. Va. Code § 29B-1-1 et seq. and § 5A-8-21 and § 5A-8-22.

Notes

W. Va. Code R. § 143-1-6