W. Va. Code R. § 157-12-3

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

Section 157-12-3 - General Requirements

3.1. The commissioner may, in his or her sole discretion, continue to request competitive registers of eligible applicants from the Division of Personnel which shall provide the competitive registers within five business days of receipt of the commissioner's request.

3.2. The commissioner may elect in his or her sole discretion to post a position internally, externally or both. A position to be filled internally, with a candidate whether by transfer or reinstatement, shall be posted for at least seven calendar days before the Commissioner may select an applicant. For a position to be filled externally, requiring a public service announcement, the announcement shall be posted for not less than fourteen calendar days.

3.3. Postings shall be active for up to one year. If a posted vacancy is not filled within in one year of the established closing date, the commissioner will repost the vacancy prior to appointment to the vacant position.

3.4. The commissioner may employ any person listed on the Transportation Worker I register for employment as a Transportation Worker I without regard to the applicant's position on the register or competitive list.

3.5. The commissioner shall evaluate applicants for employment or promotion within the division for positions within the classified service and classified-exempt service. The commissioner has sole authority to determine whether applicants for positions with the division meet minimum position requirements, including whether or not a promotional examination is required.

3.6. The commissioner shall make classification determinations for positions within the division by using the classification system approved by the State Personnel Board. The commissioner may, however, independently submit to the State Personnel Board recommendations for the approval of new division classifications or the amendment of current division classifications.

3.7. The commissioner shall exercise his or her sole discretion regarding the application of the Division of Personnel's system of compensation for positions in the division within the classified and classified-exempt service.

3.8. The commissioner may independently submit to the State Personnel Board recommendations for the approval of a special pay scale for some or all of the division's personnel.

3.9. The commissioner has sole authority regarding settlement terms and conditions in employee grievances, disputes, or other legal proceedings, subject to compliance with requirements of state and federal law, rule, or regulation.

3.10. In accordance with the provisions of W.Va. Code § 17-2A-24, the commissioner may request, and the Division of Personnel shall facilitate or perform, any lawful action necessary to initiate or complete the division's employment transactions, including, but not limited to, posting positions on applicable systems, initiating public service announcements when requested by the division, and processing necessary forms.

3.11. The commissioner shall comply with all applicable record retention requirements provided by law.

3.12. The commissioner may declare any positions effectively vacant due to employee separations, which were not processed prior to the division being placed under the wvOASIS system, and subject to being filled.

3.13. The commissioner may utilize all vacant position numbers when posting to fill a vacancy and may post vacant positions utilizing multiple classifications with corresponding job descriptions when the commissioner determines it to be necessary and in the best interest of the division.

3.14. A vacancy created when an employee of the division separates employment or goes on terminal annual leave may be posted and filled immediately upon receipt of the notice that the employee has separated from employment or commenced such leave.

W. Va. Code R. § 157-12-3