W. Va. Code R. § 143-4-2 - Definitions

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.

Notes

W. Va. Code R. § 143-4-2