W. Va. Code R. § 64-123-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-123-5 - Fitness Determination

5.1. If the Director'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 or engaged.

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

5.3. If the Director'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, the applicant has not had a conviction of a disqualifying offense in the last seven years, and the applicant has been granted a variance for his or her position with the bureau, covered provider, or covered contractor for any disqualifying offense prior to the last seven years, the Director will provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is eligible for work or engagement. If there has been another disqualifying offense within the last seven years, the Director will notify the bureau, covered provider, or covered contractor of the applicant's ineligibility status. A variance may be requested for the pending, disqualifying misdemeanor offense.

5.3.2. If the pending charge is a disqualifying felony offense, the Director will provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is ineligible for work, or engagement. A variance may be requested regarding the pending disqualifying felony offense.

5.3.3. Once a final disposition has been made on the pending charge, the Director 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 Director will provide written notice by electronic mail of the 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 or engagement provider record.

W. Va. Code R. § 64-123-5