Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-20-4 - Review and Reconsideration4.1. Subject individuals are solely responsible for dealing with any reporting agency to challenge the accuracy or completeness of information provided by the West Virginia State Police, the Federal Bureau of Investigation or other agencies reporting information to the Commissioner or Authorized Designee. Subject individuals are solely responsible for providing the Authorized Designee or qualified entity with proof of any error and correction thereof by any reporting agency.4.2. If the subject individual provides proof of any error and correction thereof by any reporting agency to the Authorized Designee, the Authorized Designee will conduct a new suitability determination.4.3. If the subject individual wishes to dispute an adverse suitability determination, the subject individual may request that the Authorized Designee reconsider his or her suitability. The Authorized Designee shall consider the request if it is submitted in writing and received not later than fifteen (15) calendar days following the date the notice of disqualification was postmarked or otherwise communicated or received. Within thirty (30) calendar days after a properly submitted request for reconsideration is received, the Authorized Designee shall report his or her decision in writing to the subject individual. Nothing in this rule shall require the Department to hold open a position when there is a challenge to an adverse suitability determination.4.4. Nothing in this rule shall establish a property right in an offer of employment for an applicant upon submission to a criminal background check, even if an offer of employment has already been made. The Department reserves the right to rescind a previously issued job offer after it has been given. Nothing in this rule likewise shall be construed to undermine the at-will employment relationship between the Department and its employees, both prospective and current.