W. Va. Code R. § 143-1-8 - Certification of Eligibles
8.1. Request for
Certification. -- If a vacancy occurs in any position in an agency or if new
positions are established and new employees are needed, requisitions shall be
submitted by the appointing authority to the Division of Personnel in the
manner prescribed by the Director. This requisition shall state the number of
positions to be filled in each class, identifying each class title and all
other pertinent information.
8.2.
Certification Methods.
8.2.a. Nothing in this
subdivision shall be construed as altering the exhaustion point of a register
as described in subdivision 7.2.a of this rule.
8.2.a.1. Upon receipt of a requisition, the
Director shall first certify and submit the names of all available eligibles
from the appropriate preference register. If no appropriate preference register
exists or there are no available qualified eligibles on the appropriate
preference register, then the Director shall certify and submit to the
appointing authority the top ten (10) names or the names of any persons scoring
at or above the ninetieth percentile on the open competitive examination for
the class of position. The certification shall include any person tied with the
last person in the top ten or ninetieth percentile group. The Director may
certify additional names at his or her discretion to compensate for possible
unavailable eligibles in the top group.
8.2.a.2. If the competitive register
established as a result of a Division of Personnel examination for a specific
class of position is exhausted, the Director may certify names from the
register, or registers, most appropriate. If there is no register which the
Director considers appropriate, then the Director may certify and submit names
from a register established as described in subsection 7.1 of this
rule.
8.2.a.3. Appointments may be
made from a certification anytime within six (6) months of the date of the
certification, after which the certification shall be null and void.
8.2.b. If an eligible receives a
probationary or permanent appointment, the appointment constitutes a waiver of
his or her right to certification from any other register on which his or her
name appears for a class of position, the salary of which is either equal to or
lower than that salary covered by his or her appointment. If a laid-off
permanent classified employee receives a probationary or permanent appointment
to a classified position, that employee is no longer eligible for appointment
from any preference register.
8.2.c. The name of each employee whose name
appears on a register for a class of position shall be certified and submitted
by the Director and given consideration by the agency for the higher class of
position if his or her name is reached.
8.2.d. If, in the exercise of his or her
choice provided under subsection 9.2 of this rule, the appointing authority
passes over the name of an eligible on a competitive register in connection
with three (3) separate appointments he or she has made from the register,
written request may be made of the Director that the name of the eligible be
omitted from any subsequent certification of the same agency from the same
competitive register for a period of no less than one (1) year from the date of
the request. The name of the eligible shall thereafter not be certified to the
appointing authority from that register for future vacancies in that job class,
or from subsequent registers established for that class of position. If, after
that one (1) year period, the eligible is again certified for the same class of
position, and passed over in connection with one appointment, the agency may
again request that the name of the eligible be omitted from any subsequent
certification as stated in this section of the rule.
8.2.e. An eligible may be considered not
available by the Director 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) days in addition to the time required for the transmission of
the inquiry to his or her last-known address and the reply to the
inquiry.
8.3. Selective
Certification. -- Any certification may limit consideration to only those
individuals who possess specific qualifications determined to be essential for
performance of the duties of a specific position. Selective certification must
be approved by the Director.
8.3.a. If a
specific position requires special qualifications that are not common to all
positions in that class, the appointing authority may request that
certification be limited to candidates possessing those qualifications.
Eligibles shall have 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.
8.3.b. The Director may approve a request for
selective certification by gender if the appointing authority provides written
justification which clearly shows that only persons of the required gender can
perform the duties of the position and the Director has conferred with the
Human Rights Commission.
8.3.c. The
Director may limit certification to candidates available to work at the
location of the job. The Director may further limit certification
geographically when the duties of the position require rapid response to
unscheduled emergencies during off duty hours. The appointing authority shall
provide written justification of any request for geographic selective
certification based on essential duties of the position. The Director shall
establish the boundaries of the acceptable geographic areas based on the
specific location and demands of the job. The appointing authority shall
consider candidates living outside the boundary if they are willing to relocate
to the area.
8.3.d. Except for
preference certifications, the Director 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 register. 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. The employing agency shall offer opportunities for interviews to
candidates in the order in which they appear on the certification. The
employing agency shall ensure, to the extent practicable, that appointments
from the certifications are made based on job-related merit and
fitness.
8.4. Correction
of Errors.
8.4.a. 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 Director shall withdraw the erroneous certification and make
a correct certification. If a certification is to fill more than one position,
the Director 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. Appointing authorities shall only make
conditional offers of employment to applicants until such time the personnel
transaction to appoint has received all necessary approvals.
8.4.b. 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 but prior to the effective date of the appointment
and the applicant is not disqualified for any of the reasons provided in
subdivision 6.4.a of this rule other than not meeting minimum qualifications,
the Director shall withdraw the certification and appointment as in subdivision
8.4.a of this subsection unless the applicant provides verification to the
Director that:
8.4.b.1. acceptance of the
appointment caused the named applicant to change his or her place of residence;
or,
8.4.b.2. acceptance of the
appointment caused the named applicant to resign from a position that cannot be
regained.
8.4.c. In the
event a name is certified in error and the error is discovered after the
effective date of the appointment of one of the named applicants or the
certification could not be withdrawn for reasons provided in paragraphs 8.4.b.1
and 8.4.b.2, the appointment shall continue. Provided, the applicant or
employee is not disqualified for any of the reasons specified in subsection
6.4.a of this rule other than not meeting minimum qualifications and it has
been determined by the Director and hiring agency that there is no undue risk
in the applicant performing the duties. If the applicant or employee is not
eligible to perform the duties of the position, the appointing authority shall
assign the applicant to a vacant position for which he or she meets the minimum
qualifications, in the same location and agency to which he or she was
certified and at the same salary. If continued employment or alternate
assignment is deemed inappropriate by the Director, the provisions of this rule
regarding separations shall apply.
Notes
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