W. Va. Code R. § 110-42-8
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 110-42-8 - Certification of Eligibles8.1. Request for Certification. -- If a vacancy occurs in any position in the agency or if new positions are established and new employees are needed, requisitions shall be submitted by the Tax Division to the Director in the manner prescribed by the Director. This requisition shall state the number of positions to be filled in each class, identifying each class title and all other pertinent information.8.2. Certification Methods. 8.2.1. Nothing in this subdivision shall be construed as altering the exhaustion point of a register as described in subdivision 7.2.1. of this rule. 8.2.1.a. Upon receipt of a requisition, the Director shall first certify and submit the names of all available eligibles from the appropriate preference register. If no appropriate preference register exists or there are no available qualified eligibles on the appropriate preference register, then the Director shall submit the names of any persons applying for the class of position. The Tax Division shall have the sole authority to determine whether applicants for position with the Division meet minimum position requirements.8.2.1.b. If the competitive register established as a result of an examination for a specific class of position is exhausted, the Director may certify names from the register, or registers, most appropriate.8.2.1.c. Appointments may be made from a certification anytime within six months of the date of the certification. Six months after the date of the certification, the certification shall be null and void.8.2.2. If an eligible receives a probationary or permanent appointment, the appointment constitutes for its duration, a waiver of his or her right to certification from any other register on which his or her name appears for a class of position, the salary of which is either equal to or lower than that salary covered by his or her appointment, unless he or she requests in writing that his or her name be retained for certification from the register or registers. If a laid-off permanent classified state employee receives a probationary or permanent appointment to a classified position, that employee is no longer eligible for appointment from any preference register. The name of each employee whose name appears on a register for a class of position with a higher salary range than the salary range of his or her present class of position shall be certified and submitted by the Director and given consideration by the Tax Division for the higher class of position if his or her name is reached.8.2.3. If in the exercise of his or her choice provided under subsection 9.2 of this rule the Tax Division passes over the name of an eligible on a competitive register in connection with three (3) separate appointments he or she has made from the register, written request may be made of the Director that the name of the eligible be omitted from any subsequent certification of the same agency from the same competitive register for a period of no less than one year from the date of the request. The name of the eligible shall thereafter not be certified to the Tax Division from that register for future vacancies in that class of position, or from subsequent registers established for that class of position. If, after that one (1) year period, the eligible is again certified for the same class of position, and passed over in connection with one appointment, the agency may again request that the name of the eligible be omitted from any subsequent certification as stated above.8.2.4. An eligible may be considered not available by the Tax Commissioner if he or she fails to reply to electronic communication [i.e., telephone or electronic mail] or a written inquiry by mail after five (5) days in addition to the time required for the transmission of the inquiry to his or her last-known address and the reply to the inquiry.8.3. Selective Certification. -- Any certification may limit consideration to only those individuals who possess specific qualifications determined to be essential for performance of the duties of a specific position.8.3.1. If a specific position requires special qualifications that are not common to all positions in that class, the Tax Division may request that certification be limited to candidates possessing those qualifications. Eligibles shall have adequate opportunity for special qualification consideration. The specific criteria for the restriction of certification shall be based on the duties of the position as verified by job analysis or by an official position description and written justification.8.3.2. The Director may approve a request for selective certification by gender if the Tax Division provides written justification which clearly shows that only persons of the required gender can perform the duties of the position and the Director has conferred with the Human Rights Commission.8.3.3. The Tax Commissioner may limit certification to candidates available to work at the location of the job. The Tax Commissioner may further limit certification geographically when the duties of the position require rapid response to unscheduled emergencies during off duty hours. The Tax Commissioner shall provide the Director written justification of any geographic selective certification based on essential duties of the position. The Tax Commissioner shall establish the boundaries of the acceptable geographic areas based on the specific location and demands of the job. The Tax Commissioner shall consider candidates living outside the boundary if they are willing to relocate to the area.8.3.4. Except for preference certifications, the Tax Commissioner may determine, for certain unskilled or semiskilled job classes for which no previous education, training, or experience is required, that eligibles may be selected for certification by lot. In those cases, all eligibles shall have equal opportunity for certification. No rank order shall be established for the register. Selection for certification by lot will be determined as vacancy requests are received. Once the certification has been made for a particular vacancy, a new certification shall not be issued for the same class and location for sixty (60) days. The employing agency shall offer opportunities for interviews to candidates in the order in which they appear on the certification. It is the responsibility of the employing agency to insure, to the extent practicable, that appointments from the certifications are made based on job-related merit and fitness.8.4. Corrections of Errors. 8.4.1. In the event that a name is certified in error and the error is discovered before a personnel transaction has been finalized and one of the named applicants is notified that he or she is appointed, the Tax Commissioner shall withdraw the erroneous certification and make a correct certification. If a certification is to fill more than one position, the Tax Commissioner shall withdraw only that portion of it pertaining to positions for which applicants have not been notified that they are appointed. The Tax Commissioner shall only make conditional offers of employment to applicants until such time as the personnel transaction to appoint has received all necessary approvals,8.4.2. In the event a name is certified in error and the error is discovered after one of the named applicants is notified that he or she is appointed but prior to the effective date of the appointment and the applicant is not disqualified for any reason provided in Section 7.3 of this rule other than not meeting minimum qualifications, the Tax Commissioner shall withdraw the certification and the appointment as in subdivision 8.4.a. of this subsection unless the applicant provides verification to the Tax Commissioner that: 8.4.2.a. Acceptance of the appointment caused the named applicant to change his or her place of residence; or,8.4.2.b. Acceptance of the appointment caused the named applicant to resign from a position that cannot be regained.8.4.3. In the event a name is certified in error and the error is discovered after the effective date of the appointment of one of the named applicants or the certification could not be withdrawn for reasons provided in subparagraphs 8.4.2.a. and 8.4.2.b., the appointment shall continue. Provided, the applicant or employee is not disqualified for any reason specified in Section 7.3 of this rule other than not meeting minimum qualification and it has been determined by the Tax Commissioner that there is no undue risk in the applicant performing the duties. If the applicant or employee is not qualified to perform the duties of the position, the Tax Commissioner shall assign the applicant to a vacant position for which he or she meets the minimum qualifications, in the same location and agency for which he or she was certified and at the same salary. If continued employment or alternative assignment is deemed inappropriate by the Tax Commissioner, the provisions of the Division of Personnel rule regarding separations shall apply.W. Va. Code R. § 110-42-8