2005 West Virginia Code - §64-2-5. — Division of Personnel.

§64-2-5. Division of Personnel.
(a) The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section ten, article six, chapter twenty-nine of this code modified by the Division of Personnel to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of November, two thousand four, relating to the Division of Personnel (administration, 143 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section ten, article six, chapter twenty-nine of this code modified by the Division of Personnel to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand five, relating to the Division of Personnel (preemployment reference and inquiries, 143 CSR 4) is authorized, with the following amendment:
On page one, subsection 1.1., by striking out the word 'eligibility' and inserting in lieu thereof the word 'rejection';
On page one, subsection 2.1., line one, after the word 'employment' by striking out the word 'with' and inserting in lieu thereof the words 'in the classified service of';
On page one, subsection 2.1., line two, by striking out the semi-colon and inserting a comma, and by striking out the word 'includes' and inserting in lieu thereof the word 'including';
On page one, subsection 2.2., line two, after the word 'service.', by striking out the remainder of the subsection;
On page one, by striking out subsection 2.6. in its entirety and inserting in lieu thereof the following:
'2.5. Disqualifying event: Conviction of a crime of an infamous crime or other crime involving moral turpitude which has a reasonable connection to the position/class for which the applicant or employee is applying. For purposes of this rule, a plea of "guilty" or "no contest" is considered a conviction unless the charge was subsequently invalidated by a court decision.';
On page one, subsection 2.5., by striking out the entire subsection and inserting in lieu thereof the following:
'2.6. Director: The Director of the Division of Personnel or his or her designee.';
On page two, subsection 2.11., by striking out the words 'actions by the individual that would cause', and, after the word 'damage', by inserting the words 'or injury';
On page two, subsection 2.12., line one, after the word 'to' by inserting the words 'a classified service position in';
On page two, by striking out section 3 in its entirety and renumbering the succeeding sections accordingly;
On page two, section 4, by striking out the words 'the Director shall prescribe information required to be submitted by applicants, including fingerprints and driver's license number, that is needed by the State Police and other entities for processing or as is otherwise necessary to facilitate access to information.';
On pages two and three, by striking out the subsections 4.1. and 4.2. in their entirety, and inserting in lieu thereof the following:
'4.1. To establish the eligibility of an applicant or employee, the Director may verify information provided by the applicant, including, but not limited to:
a. Current and previous employment and/or volunteer and/or student activities;
b. Military service;
c. Formal education; and
d. Professional licensure and/or certification.
4.2. To the extent permitted by law and reasonably relevant to established eligibility standards or the nature of the position sought by the applicant, the Director may obtain and review:
a. The applicant's state and/or federal criminal records history;
b. The central abuse registry established pursuant to W.Va. Code §15-2C-1, et seq.; and
c. The applicant's driving records.
4.3. To the extent permitted by law, the Director may require an applicant to provide any information necessary to afford the Director access to records reasonably relevant to established eligibility standards or the nature of the position sought by the applicant.
4.4. The Director shall conduct investigations and/or secure reports necessary to assess the suitability of an applicant. The Director may delegate some or all of the responsibility to qualified appointing authorities in accordance with the provisions of this rule.'
On page three, subsection 4.3, by renumbering the subsection as subsection '4.5.';
On page three, section 5, by striking out the entire section and renumbering the succeeding sections accordingly;
On page four, subsection 7.1., after the words 'separate file', by striking out the remainder of the subsection;
On page four, subsection 7.2., after the word 'all', by striking out the words 'required and requested' and, after the word 'reports', by inserting the words 'requested by the Division of Personnel pursuant to this rule';
On page four, subsection 8.1., line one, by striking out the words 'shall be' and inserting in lieu thereof the word 'is';
On page four, subsection 8.1., lines three and four, after the word 'report', by striking out the word 'the' and inserting in lieu thereof the word 'a', and by striking out the word 'limit' and inserting in lieu thereof the word 'provided';
On page four, subsection 8.2., by striking out the words 'that is needed' and inserting in lieu thereof the word 'required', and by striking out the words 'as is otherwise necessary';
On page four, subsection 9.1., line two, after the words 'employee to a' by inserting the words 'classified service';
And,
On page four, by striking out section 10 in its entirety.