W. Va. Code R. § 157-12-8

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

Section 157-12-8 - Appointments

8.1. Original Appointments.

8.1.1. The commissioner shall, for each position, select first from the eligibles on the preference register. Upon exhaustion of the preference register, the commissioner may select from the competitive list or may request a register from the Division of Personnel. The commissioner shall select from the top ten (10) names on the competitive list or register, including any persons scoring the same as the tenth name, or any persons scoring at or above the ninetieth percentile on the open competitive examination. The commissioner may exclude the names of those eligibles who failed to answer or who declined appointment or of those eligibles to whom the hiring organization offers an objection in writing and the objection is sustained by the commissioner.

8.1.2. In selecting persons from among those certified, the hiring organization shall give due consideration, based on job related criteria, to all available eligibles and may examine their applications and reports of investigations and may interview them. Final selection shall be reported in writing by the organization to the commissioner and shall include a statement by the hiring organization certifying that the person charged with making the selection, complied with the requirements of this section; did not make the selection based on favoritism shown or patronage granted; and, considered all available eligibles for the position.

8.1.3. If the eligible selected declines the appointment, the hiring organization shall transmit evidence of declination to the commissioner for the permanent record. The commissioner may consider an eligible as having declined appointment if the eligible fails to reply to electronic communication [i.e., telephone or electronic mail] or a written inquiry by mail after five days. If an eligible accepts an appointment but fails to report for duty at the time and place specified, without giving reasons for the delay satisfactory to the hiring organization and the commissioner, he or she shall be considered to have declined the appointment.

8.2. Provisional Appointments.

8.2.1. If there are urgent reasons for filling a classified position and there is no appropriate preference register and there are fewer than three (3) available eligibles on the register or competitive list established as a result of an examination for the position, and no other appropriate list exists, the hiring organization may submit to the commissioner the name of a person to fill the position pending examination and establishment of a register or competitive list. If that person's qualifications have been certified by the commissioner as meeting the minimum qualifications as to training and experience for the position, that person may be provisionally appointed to fill the existing vacancy until an appropriate register or competitive list is established and appointment made from the register or list. No provisional appointment shall be continued for more than six (6) months from the date of appointment, nor shall successive provisional appointments of the same person be permitted, nor shall a position be filled by repeated provisional appointments.

8.2.2. Time spent on a leave of absence without pay shall not extend the period of a provisional appointment.

8.3. Temporary Employment.

8.3.1. Hiring organizations may employ individuals for a limited period of time not to exceed 1,000 hours in any twelve-month period in accordance with the provisions of this rule and W. Va. Code S 29-6-1et seq. Individuals employed under the provisions of this subsection are exempt from the classified service. Provided, temporary employees may be retained in a temporary appointment status while receiving workers' compensation temporary total disability benefits as a result of a personal injury or illness received in the course of and resulting from employment with the division. If 1000 hours of work time and temporary total disability has elapsed before the employee reaches Maximum Medical Improvement, his or her temporary employment will be terminated.

8.4. Posting of Job Openings.

8.4.1. Whenever a job opening occurs in the classified service, the division shall post a notice within the building, facility or work area and throughout the division that candidates will be considered to fill the job opening. Posting's will also be submitted to the Division of Personnel to be posted so eligible candidates outside of the division may apply. Posting of job openings using the Division of Personnel's or the Division of Highway's electronic or other communications media shall satisfy the requirement to post a notice provided that the division makes regular and convenient access to the media used available to each classified employee in the division, or otherwise provides notice to each classified employee in the division. The notice shall be posted for at least seven (7) calendar days before making an appointment to fill the job opening. The notice shall state that a job opening has occurred, describe the duties to be performed, and the class to be used to fill the job opening.

8.4.1.a. The term job opening refers to any vacancy to be filled by original appointment, promotion, demotion without prejudice, lateral class change, reinstatement, or transfer.

8.4.1.b. The posting notice shall include a description of the duties to be performed by the person selected, the minimum qualifications for the position, the job class to be used in filling the job opening, the salary level or range that will be considered, the full-time equivalent for the position, and the job location.

8.4.1.c. An established closing date shall allow sufficient time to ensure that the job vacancy circulation has been posted throughout the agency for a minimum of seven (7) calendar days. The naming of an individual to fill the position is the appointment and is not altered by the fact that the individual will not assume the duties until a later date. Therefore, the commissioner shall not make an appointment to a position prior to the closing date as listed on the posting. The commissioner may accept applications after the closing date; however, all applications received or postmarked on or prior to any established cut-off date must be accepted and considered.

8.4.1.d. The commissioner shall give due consideration to those employees who apply and are eligible for the posted vacancy.

8.4.1.e. If a posted vacancy is not filled within one year of the established closing date, the organization must re-post the vacancy prior to an appointment to the vacant position.

8.4.1.f. The vacancy posting requirements in this subdivision shall apply to all classified position vacancies except vacancies filled as a result of employees exercising bumping or recall rights, demotions with prejudice or disciplinary transfers for cause.

8.4.1.g. If an individual selected for a posted vacancy refuses the offer of employment, fails to report to work, or resigns or otherwise separates from employment within the first ten (10) work days of employment, the commissioner is not required to repost the vacancy prior to making another appointment to the position. Provided that the date and time of separation occurs within the first ten (10) work days and the appointment is made within thirty (30) calendar days of the separation and the appointment is made from the pool of eligible applicants from which the first employee was hired. This time period supersedes the one year limitation specified in this subsection.

W. Va. Code R. § 157-12-8