W. Va. Code R. § 157-12-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 157-12-5 - Applications and Examinations

5.1. The commissioner may establish an examination procedure, continue to utilize the services of the Division of Personnel, or utilize a combination of both for appointments to positions in the classified service. Any examination procedure so established shall be conducted on an open competitive basis. Any such procedure is intended to reveal the capacity of the applicant to perform the duties of the position or job class for which he or she is competing. The following provisions of this section apply if the division establishes its own examination procedures.

5.2. Any examinations established by the commissioner shall, to the extent possible, be developed on the basis of objective analysis of the job and consultation with appropriate job experts and may include: written tests, performance tests, ratings of training and experience, 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; and scoring and weighting procedures shall be consistently applied and based on objective job criteria.

5.3. When administering a division established examination procedure, the commissioner shall provide a public service announcement of open competitive examinations the division plans to administer at least fourteen (14) days in advance of the closing date for receipt of applications. Public service announcements may be restricted to the geographic locations where 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 commissioner shall develop all announced qualifications for examination on the basis of information contained in class specifications, job descriptions, job analysis information or a combination thereof.

5.4. Filing Applications.

5.4.1. All applications shall be made on forms prescribed by the commissioner or the Division of Personnel and must be filed with the division or postmarked 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, or any other information which the commissioner may consider necessary. All applications shall be signed or affirmed by the applicant. The commissioner 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 the application submission shall be equivalent to affirmation and signature. The commissioner may verify any information provided on or with an application.

5.4.2. The commissioner may provide for continuous receipt of applications and for conducting examinations as needed.

5.5. Disqualification of Applicants.

5.5.1. The commissioner, in his or her sole discretion, 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 list or certification, or refuse to certify any eligible on a list if sufficient evidence reveals that:

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

5.5.1.b. he or she has been convicted of a crime which has a reasonable connection to the classification for which he or she is applying;

5.5.1.c. 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;

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

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

5.5.1.f. he or she has directly or indirectly obtained information regarding examinations to which he or she was not entitled;

5.5.1.g. he or she has failed to submit his or her application correctly or within the prescribed time limits;

5.5.1.h. he or she has taken part in the compilation, administration, or correction of the examination;

5.5.1.i. he or she has taken the same exact examination within the prescribed re-test waiting period;

5.5.1.j. he or she is not eligible to work in the United States;

5.5.1.k. he or she fails to comply with any other reasonable requirements established by the commissioner for the position;

5.5.1.l. if employed in the classification or position applied for, the applicant is a significant risk to the safety or security of information or persons;

5.5.1.m. he or she has otherwise violated provisions of this rule; or

5.5.1.n. the applicant may be disqualified under applicable law.

5.5.2. The Division of Personnel shall notify the commissioner of every person it has disqualified for state employment to assure that disqualified persons are not inadvertently appointed to division employment.

5.5.3. Applicants disqualified by the commissioner shall be notified of their disqualification. The commissioner shall also notify the Division of disqualifications.

5.5.4. Any applicant whose application for a Division of Highways examination has been rejected may request that the commissioner reconsider his or her qualifications. The commissioner shall consider the request if it is submitted in writing and received not later than 15 days following the date the rejection notice was sent. Within thirty (30) days after a properly submitted request for reconsideration is received, the commissioner shall report his or her decision in writing to the applicant. The commissioner 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 commissioner 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 list.

5.6. Conduct of Examinations.

5.6.1. If written or other performance examinations are administered by the commissioner, they shall be conducted, to the extent possible, in as many places as are practicable for proper administration. The commissioner may have a continuous recruitment program as provided for in this rule. The commissioner may designate monitors as necessary to conduct examinations under instructions prescribed by him or her.

5.6.2. Applicants taking competitive examinations shall present personal identification which includes a signature and photograph prior to admission to an examination. Applicants without proper identification shall not be admitted to examinations.

5.7. Scoring Examinations.

5.7.1. The commissioner shall determine a final score for each applicant's Division of Highways established examination. 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.

5.7.2. Any veteran, as defined in Section 2 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.

5.7.2.a. Any person claiming veterans' preference or service connected disability preference shall submit satisfactory proof of his or her service or disability to the commissioner. Veterans' preference points are not added to final passing scores on promotional examinations, if such exams are required.

5.7.2.b. 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.

5.7.3. The commissioner shall utilize appropriate professional standards, techniques and procedures in rating the results of examinations and in determining the final scores of competitors.

5.8. If evaluation of training and experience form a part of the total examination, the commissioner 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.

5.9. 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 competitive list established. The commissioner shall notify an applicant who fails any part of the examination or the total examination.

5.10. The commissioner 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, the applicants' record of past performance, experience and training or a combination thereof.

5.11. If, within thirty (30) days after receipt of his or her score notice, an applicant notifies the commissioner of a manifest error in the scoring of an examination or other evaluation of the applicant's qualifications, the commissioner shall, after verification of the error, promptly correct that error. The commissioner 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.

5.12. The commissioner 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-1-1et seq. and § 5A-8-21 and § 5A-8-22.

W. Va. Code R. § 157-12-5