W. Va. Code R. § 69-10-5 - Employment Fitness Determination

5.1. If the Secretary's review of the criminal history record information provided by the State Police reveals the applicant does not have a disqualifying offense, the applicant may be employed.

5.2. If the Secretary's review of the criminal history record information reveals a conviction of a disqualifying offense, the applicant may not be employed, unless a variance has been requested or granted.

5.3. If the Secretary's review of an applicant's criminal history record information reveals a pending charge that has not received a final disposition, the following shall apply:

5.3.1. If the pending charge is a disqualifying misdemeanor offense, and the applicant has not has a conviction for a disqualifying offense in the last seven year, the Secretary will provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is eligible for work.

5.3.2. If the pending charge is a disqualifying felony offense, the Secretary will provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is ineligible for work, unless a variance has been requested or granted.

5.3.3. Once a final disposition has been made on the pending charge, the Secretary will review the criminal history record information de novo in accordance with the provisions of this rule and W. Va. Code §§ 16-49-1, et seq.

5.4. The Secretary will provide written notice by regular U.S. mail of the employment fitness determination to the bureau, covered provider, or covered contractor, if applicable, but shall not disseminate the criminal history record information.

5.5. The bureau, covered provider, or covered contractor, if applicable, shall maintain a copy of the written notice of the eligible fitness determination in the applicant's personnel file.

Notes

W. Va. Code R. § 69-10-5