W. Va. Code R. § 69-10-7 - Variance

7.1. The applicant, or the Department, covered provider, or covered contractor, if applicable, on the applicant's behalf, may file a written request for a variance of the fitness determination with the Secretary.

7.2. The Secretary may grant a variance if mitigating circumstances surrounding the negative finding or disqualifying offense is provided, and the Secretary finds that the individual will not pose a danger or threat to residents or their property, or both.

7.3. Mitigating circumstances may include:

7.3.1. The passage of time. The length of time an applicant is barred from employment in direct access care starts from the date of conviction or the date of release from the penalty imposed, whichever is later.

7.3.2. Extenuating circumstances such as the applicant's age at the time of conviction, substance abuse, or mental health issues.

7.3.3. A demonstration of rehabilitation such as character references, employment history, education, and training.

7.3.4. The relevancy of the particular disqualifying information with respect to the type of employment sought.

7.4. The Secretary will send by regular U.S. mail to the applicant and the bureau, covered provider, or covered contractor, if applicable, a written decision within 60 days of receipt of the request indicating whether a variance has been granted or denied. The individual hiring decision is ultimately the prerogative of each bureau, covered provider, or covered contractor.

Notes

W. Va. Code R. § 69-10-7