W. Va. Code R. § 157-12-2

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

Section 157-12-2 - Definitions

2.1. "Allocation" means the assignment of a position to a class by the Division of Personnel or the Division of Highways based on the duties performed and responsibilities assigned.

2.2. "Application" means a form used to gather information sufficient to demonstrate that the applicant for employment has the relevant skills, education and experience to perform a job or class of jobs and indicates the applicant's literacy and communication skills. The application may be prescribed by the Division of Personnel or the Division of Highways.

2.3. "Appointment" means the act of hiring an applicant for employment.

2.4. Business Necessity. -- The reason or cause for any of a variety of personnel actions based upon the condition of the division, in whole or in part, or a specific program component which may include, but is not limited to, lack of funds or work; abolishment of positions; material changes in mission, duties or organization; loss of budgeted, allocated or available positions; reinstatement of eligible employees returning from military duty or temporary total disability; reinstatement of an employee in compliance with a legal order; and for recall of employees previously laid off.

2.5. "Class" or "Class of Positions" means one or more positions sufficiently similar in duties, training, experience and responsibilities, as determined by specifications, that the same title, the same qualifications, and the same schedule of compensation and benefits may be equitably applied to each position in the class.

2.6. "Classified Employee" means an employee who occupies a position allocated to a class in the classified service.

2.7. "Classified-Exempt Service" means as established by statute, those positions which satisfy the definitions for "class" and "classify" but which are not covered under the Division of Personnel. or the division's merit system.

2.8. "Classified Service" means those positions which satisfy the definitions for "class" and "classify" and which are covered under the Division of Personnel merit system standards.

2.9. "Classify" means the process of ascertaining, analyzing, and evaluating the duties and responsibilities of positions to determine the number and kind of classes existing in the service and to group the positions in classes.

2.10. "Competitive list" means an official list of currently available eligible applicants for a position or job class listed in the order of the final score as a result of the Division of Highways' examination for the competitive appointment of classified employees.

2.11. "Commissioner" means the Commissioner of the Division of Highways or his or her designee.

2.12. "Day" means an interval of 24 hours as represented by a calendar day, unless otherwise specified.

2.13. "Division" or "DOH" means the Division of Highways.

2.14. "Eligible Applicant or Eligible" means an applicant accepted for a Division of Personnel or Division of Highways examination who meets all minimum requirements and whose name is listed on the register or competitive list established for the class of position.

2.15. "Employee" means a person who lawfully occupies a position in the division and who is paid a wage or salary and who has not severed the employee-employer relationship.

2.16. "Examination" means the process of assessing or measuring and evaluating the relative skills, abilities and fitness of applicants by job-related procedures. Examples include, but are not limited to: application evaluation, written test, performance test, physical agility test, interview or oral assessment, psychological or behavioral assessment, drug screening, and background evaluation.

2.17. "Fitness" means suitability to perform all essential duties of a position by virtue of meeting the established minimum qualifications and being otherwise qualified.

2.18. "Full-time Employee" means any employee who works the full work schedule established for the division.

2.19. "Incumbent" means any employee occupying a position.

2.20. "Lateral Class Change" means the movement of any employee from one class to another class in the same compensation range.

2.21. "Minimum Qualifications" means the least experience, training or a combination of both required by the State Personnel Board or the division for employment in a class of position and admission to an examination for that class of position.

2.22. "Open Competitive Examination" means an examination which permits the competition of all persons who meet the publicly announced minimum requirements for a class of position.

2.23. "Organization" means a hiring unit within the Division of Highways.

2.24. "Original Appointment" means initial employment of an individual into the classified service as a result of selection from a certification of names from a register or competitive list established by open competitive examination or from a preference register.

2.25. "Permanent Employee" means any classified employee who has completed the probationary period prescribed for the job class, or any classified-exempt employee who was hired to fill a position for an unlimited period of time, notwithstanding the division's right to terminate the employee for cause or at his or her will.

2.26. "Posting" means the method of announcing a job vacancy either internally or externally.

2.26.1. An internal posting is a job vacancy announced to all current and former state employees in the classified service through the Division of Personnel posting system.

2.26.2. An external posting is an announcement to the general public through a public service announcement that the Division is accepting applications for an examination.

2.27. "Position" means an authorized and identified group of duties and responsibilities assigned by the division requiring the full-time or part-time employment of at least one person.

2.28. "Position Description" means the document which describes the officially assigned duties, responsibilities, supervisory relationships and other pertinent information relative to a position. This document is the basic source of official information in position allocation. It may be prescribed by either the Division of Personnel or the Division of Highways.

2.29. "Probationary Period" means a specified trial work period designed to test the fitness of an employee for the position for which an original appointment has been made.

2.30. "Promotion" means a change in the status of an employee from a position in one class to a vacant position in another class of higher rank as measured by salary range and increased level of duties, responsibilities or both.

2.31. "Provisional Appointment" means the hiring of an employee to fill a position pending the administration of an open competitive examination and establishment of a register or competitive list.

2.32. "Reallocation" means reassignment of a position by the commissioner from one class to a different class on the basis of a change in the kind or level of duties or a combination of both, assigned to the position or to address a misalignment of title and duties.

2.33. "Recall" means the re-employment from a recall list of a former permanent classified employee separated due to layoff.

2.34. "Reclassification" means the revision by the State Personnel Board of the specifications of a class or class series which results in a redefinition of the nature of the work performed and a reassignment of positions based on the new definition and may include a change in the title, compensation range, or minimum qualifications for the classes involved.

2.35. "Register" means an official list of currently available eligible applicants for a position or job class listed in the order of the final score as a result of the Division of Personnel examination for the competitive appointment or in tenure order for preference hiring of laid off permanent classified employees.

2.36. "Separation" means separation from employment that may be either voluntary or involuntary.

2.37. "Temporary Employment" means employment exempt from the classified service for a period not to exceed 1,000 work hours per twelve-month period.

2.38. "Terminal annual leave" means the balance of an employee's accrued and unused annual leave as of that employee's last day of work.

2.39. "Vacancy" means an unfilled or soon to be vacated budgeted position in the classified service.

2.40. "Veteran" means any person who meets the requirements set forth in W. Va. Code § 6-13-1.

W. Va. Code R. § 157-12-2