W. Va. Code R. § 64-123-6

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

Section 64-123-6 - Provisional Employees

6.1. Provisional basis employment for no more than 60 days may occur when:

6.1.1. An applicant does not have a negative finding on a required registry or licensure database, and the fitness determination is pending the criminal history record information; or

6.1.2. An applicant has requested a variance of the fitness determination and that decision is pending.

6.2. All provisional employees shall receive direct, on-site supervision by the bureau, covered provider, or covered contractor until an eligible fitness determination is received.

6.3. The provisional employee, pending the fitness determination, must affirm, in a signed statement, that he or she has not committed a disqualifying offense, and acknowledge that a disqualifying offense shall constitute good cause for termination. Provisional employees who have requested a variance shall not be required to sign such a statement.

6.4. This section does not apply to applicants who are persons responsible for the care of children and applicants who will be personal care workers or the equivalent regardless of job title.

W. Va. Code R. § 64-123-6