W. Va. Code R. § 110-42-9

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

Section 110-42-9 - Appointments

9.1. Original Appointments.

9.1.1. The Tax Division shall make all original appointments to classified positions in accordance with this rule. The Tax Division shall select for each position first from the eligibles on an appropriate preference register. Upon exhaustion of the preference register, the Tax Division shall select for each position from the register certified by the Division of Personnel. The Tax Division may exclude the names of those eligibles who failed to answer or who declined appointment or of those eligibles to whom the Tax Division offers an objection in writing to the Director based on Subsection 7.3 of this rule.

9.1.2. Notwithstanding subdivision 9.1.1. of this rule or any provision of law or rule promulgated under the provisions of the West Virginia State Code, the Tax Division may employ any person listed on the register for employment as a Tax and Revenue Auditor 1, Tax and Revenue Auditor 2, Tax and Revenue Auditor 3, Revenue Agent 1, Revenue Agent 2, Investigator 2 or Investigator 3 without regard to the person's position on the applicable register.

9.1.3. In selecting persons from among those certified, the Tax Division 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 Tax Division to the Director and shall include a statement by the Tax Division or his or her designee certifying that the person charged with making the selection: complied with the requirements of this subdivision; did not make the selection based on favoritism shown or patronage granted; and, considered all available eligibles for the position.

9.1.4. If the eligible selected declines the appointment, the Tax Division shall transmit evidence of declination and other data to the Director for the permanent record. The Tax Division 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 (5) days in addition to the time allowed for transmission of the letter to his or her last-known address and return of reply. If an eligible accepts an appointment but fails to present himself or herself for duty at the time and place specified without giving reasons for the delay satisfactory to the Tax Division, he or she shall be considered to have declined the appointment.

9.2. Provisional Appointments.

9.2.1. If there are urgent reasons for filling a position and there is no appropriate preference register and there are fewer than three available eligibles on the competitive register established as a result of an examination for the position, and no other appropriate register exists, the Tax Division may submit to the Division of Personnel the name of a person to fill the position pending examination and establishment of a register. If that person's qualifications have been certified by the Tax 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 is established and appointment made from the register. The position must be classified and minimum qualifications established for the position in accordance with this rule before provisional appointments may be made. No provisional appointment shall be continued for more than 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.

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

9.3. Temporary Employment. -- The Tax Division may employ individuals for a limited period of time not to exceed 1000 hours in any twelve-month period in accordance with the provisions of this rule and W. Va. Code § 29-6-1 et seq. Individuals employed under the provisions of this subsection are exempt from the classified service.

9.4. Posting of Job Openings. -- Whenever a job opening occurs in the classified service, the Tax Division shall post a notice within the building, facility or work area and throughout the agency that candidates will be considered to fill the job opening. Posting of job openings using electronic or other communications media shall satisfy the requirement to post a notice provided that the Tax Division makes regular and convenient access to the media used available to each classified employee in the agency, or otherwise provides notice to each classified employee in the agency. Any position filled internally shall be posted for seven calendar days before the Tax Division my select an applicant. For positions to be filled with applicants from outside of the Tax Division, the public service announcement shall be posted for not less than fourteen calendar days. 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.

9.4.1. The term "job opening" refers to any vacancy to be filled by original appointment, promotion, demotion, lateral class change, reinstatement, or transfer, except any vacancy filled as a result of an employee exercising his or her bumping rights.

9.4.2. The Tax Division is authorized to declare any positions effectively vacant due to employee separation, which were not processed prior to the division being placed under the wvOASIS system, vacant and subject to being filled.

9.4.3. The Tax Division shall have the flexibility to utilize all vacant position numbers when posting to fill a vacancy and to post vacant positions utilizing multiple classifications with corresponding job descriptions when the Tax Commissioner determines it to be necessary and in the best interest of the Division.

9.4.4. A vacancy created when an employee of the Tax Division separates or goes on terminal leave may be posted upon receipt of the notice that the employee separated or commenced such leave.

9.4.5. 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.

9.4.6. 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) 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 Tax Division shall not make an appointment to a position prior to the closing date as listed on the posting. The Tax Division may accept applications after the closing date; however, all applications received on or prior to any established cut-off date must be accepted and considered.

9.4.7. The Tax Division shall give due consideration to those employees who apply and are eligible for the posted vacancy.

9.4.8. If a posted vacancy is not filled within twelve (12) months of the established closing date, the Tax Division will re-post the vacancy prior to an appointment to the vacant position.

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

9.4.10. 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 two pay periods of employment, the Tax Division is not required to repost the vacancy prior to making another appointment to the position provided that the appointment is made within sixty (60) 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 twelve-month limitation specified in subdivision 9.4.8. of this subsection.

W. Va. Code R. § 110-42-9