Current through Register Vol. XLI, No. 45, November 8, 2024
Section 143-6-2 - DefinitionsTerms used in this document which are not included in this section have the meaning given in the Division of Personnel Administrative Rule, 143CSR1, and Pre-employment Reference and Inquiries Rule, 143CSR4.
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, and any employee being considered for transfer or promotion to a classified service position for which there is a suitability standard that is different and/or more stringent than the standard for the employee's current position.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. By written notification to the Director of Personnel, the appointing authority may delegate specific powers authorized by this rule to persons who satisfy the definition of employee as established in this rule.2.3. Authorized Designee: Employee who is designated by a Qualified Entity and approved by the Division of Personnel to receive and process criminal history check request forms from subject individuals, 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 subject individuals, but who is neither authorized to receive criminal history information nor to make final suitability determinations.2.5. Director: The Director of Personnel, as provided in W. Va. Code § 29-6-6 and § 29-6-9, who serves as the executive head of the Division of Personnel, or his or her designee.2.6. Disqualifying Event: Events for which a subject individual may be denied employment to include those items provided in Section 6.4(a) of the West Virginia Division of Personnel Administrative Rule (143CSR1). For the purposes of this definition, a plea of "guilty" or "no contest" is considered a conviction unless the charge was subsequently invalidated by a court decision or a full pardon by the Governor or the President of the United States.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 the proper authority requiring 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 the Pre-employment Reference and Inquiries Rule (143CSR4). 2.10. Subject Individual: An applicant or employee who is subject to a criminal history check pursuant to the Pre-employment Reference and Inquiries Rule (143CSR4).2.11. Suitability Determination: The assessment of a subject individual'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.