W. Va. Code R. § 157-12-7

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

Section 157-12-7 - Certification of Eligibles

7.1. Certification Methods.

7.1.1. The commissioner shall request the appropriate preference register from the Division of Personnel for each vacant classified position to be filled by applicants outside the division. If there are no available qualified eligibles on the appropriate preference register, the commissioner may request a register. If the commissioner has established an examination procedure, the commissioner shall certify and submit to the organization seeking to fill a vacancy the names of persons meeting the minimum qualifications for the classification.

7.1.2. If the competitive list established as a result of the division's examination for a specific classification is exhausted, the commissioner may certify names from the lists that most closely meet the qualifications for the position.

7.1.3. Appointments may be made from a certified competitive list anytime within one year of the date of the certification, or such other timeframe determined by the commissioner to be adequate for the needs of the division.

7.1.4. If, in the exercise of its choice provided in this rule, the hiring organization, for good cause shown, passes over the name of an eligible applicant on a competitive list in connection with two (2) separate appointments it has made from the register competitive list, written request may be made to the commissioner that the name of the eligible be omitted from any subsequent list for the same position for a period of no less than one (1) year from the date of the request. If, after that one (1) year period, the eligible applicant is again certified for the same position, and passed over in connection with an appointment, the hiring organization may again request that the name of the eligible be omitted from any subsequent certification as stated in this subdivision.

7.1.5. An eligible applicant may be considered not available by the 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) business days to his or her last-known address.

7.1.6. If a specific position requires special qualifications that are not common to all positions in that class, the commissioner may limit, or require the Division of Personnel to limit, certification to candidates possessing those qualifications. Eligible applicants will be given 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.

7.1.7. The commissioner may limit certification to candidates available to work at the location of the job. The commissioner may further limit certification geographically when the duties of the position require rapid response to unscheduled emergencies during off duty hours. The commissioner shall establish the boundaries of the acceptable geographic areas based on the specific location and demands of the job. The commissioner shall consider candidates living outside the boundary if they are willing to relocate to the area.

7.1.8. Except for preference certifications made by the Division of Personnel, the 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 competitive list. 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.

7.2. Corrections of Errors.

7.2.1. 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 commissioner shall withdraw the erroneous certification and make a correct certification. If a certification is to fill more than one position, the commissioner shall withdraw only that portion of it pertaining to positions for which personnel transactions have not been finalized and applicants have not been notified that they are appointed. Organizations shall only make conditional offers of employment to applicants until such time the personnel transaction to appoint has received all necessary approvals.

7.2.2. 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 and the applicant is not disqualified for any of the reasons provided in this rule other than not meeting minimum qualifications, and the commissioner would not disapprove the appointment for other lawful reasons, the commissioner shall approve the appointment.

W. Va. Code R. § 157-12-7