Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-20-2 - Definitions Terms used in this rule which are not included in this section have the meaning given in the Policy and Procedure Manual of the West Virginia Department of Agriculture
2.1. "Applicant" means an individual being considered for employment with the Department of Agriculture.2.2. "Appointing Authority" means the Commissioner of Agriculture or Authorized Designee2.3. "Authorized Designee" means an employee who is designated by the Commissioner of Agriculture to receive and process criminal history check request forms from applicants, receive criminal history information and make suitability determinations.2.4. "Contact Person" means an employee who is designated by the Commissioner of Agriculture to receive and process criminal history check request forms from applicants, but who is not authorized to receive criminal history information and make final suitability determinations.2.5. "Department" means the West Virginia Department of Agriculture including all affiliated divisions, subdivisions, and related entities.2.6. "Director" means the supervisor of a functional sub-unit of the Department.2.7. "Disqualifying Event" means a conviction which has a rational nexus to the position for which the applicant or employee is applying. For purposes of this rule, a plea of guilty or no contest is considered a conviction unless the charge was subsequently invalidated by a court decision.2.8. "Employee" means any person who lawfully occupies a position in the Department, is paid a wage or salary, and has not severed the employee-employer relationship.2.9. "Employment" means a new hire, promotion, or continued employment.2.10. "Position" means an authorized and identified group of duties and responsibilities assigned by proper authority which requires the full-time or part-time employment of at least one person.2.11. "Qualified entity or Individual" means any enitity or individual who is authorized by the Commissioner or Authorized Designee to conduct investigations and/or to secure reports in compliance with this rule.2.12. "Subject Individual" means an applicant or employee who is subject to a criminal history check pursuant to this rule.2.13. "Suitability Determination" means the assessment of an applicant's or an employee's criminal background record, central abuse registry record, and/or driving record to determine whether the individual's employment in a particular position will be conducive to a safe workplace and public accountability and is not likely to result in damage or injury to others.2.14. "Transfer" means the movement of an employee to a position in a different subdivision of the Department or geographic location of the same or a different subdivision.2.15. "Year" means a twelve (12) consecutive month period, unless otherwise specified.