W. Va. Code R. § 64-123-4

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

Section 64-123-4 - Fingerprinting

4.1. If the applicant does not have a negative finding in the prescreening process, and the bureau, covered provider, or covered contractor, if applicable, is considering the applicant for employment, the applicant shall submit to fingerprinting for a state and federal criminal history record information check, and may be employed as a provisional employee subject to the provisions of this rule.

4.2. Applicants considered for hire or engagement shall be notified by the hiring or engaging entity that their fingerprints will be retained by the State Police Criminal Identification Bureau and the Federal Bureau of Investigation to allow for updates of criminal record information according to applicable standards, rules, regulations, or laws. The Director will notify hiring or engaging entities in writing by electronic mail of subsequent, disqualifying criminal offenses discovered through rap back, deeming that employee ineligible. If a variance is requested relating to a rap back notification of ineligibility, the affected employee's status of employment may continue until the variance is resolved at the discretion of the bureau, covered provider, or covered contractor. The requirements related to provisional employees in W. Va. Code § 16-49-1, et seq. and section 6 of this rule shall apply.

4.3. An applicant who has gone through the criminal background check process described by the provisions of this rule, but has not been employed by the bureau, covered provider, or covered contractor for five years, must submit new fingerprints and obtain a new fitness determination from the Director.

4.4. After an applicant's fingerprints have been compared with the state and federal criminal history information, the State Police shall notify the Director of the results for the purposes of making a fitness determination.

W. Va. Code R. § 64-123-4