West Virginia § 16B-15-6 Provisional employment pending completion of background check

West Virginia Statutes

§ 16B-15-6 — Provisional employment pending completion of background check

West Virginia·Ch. 16B INSPECTOR GENERAL·Art. 15 WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT

(a)The department, covered provider, or covered contractor may permit an applicant to work on a provisional basis for not more than 60 days pending notification from the director regarding the results of the criminal background check if:

(1)The applicant is subject to direct on-site supervision, as specified in rule by the Inspector General, during the course of the provisional period; and

(2)In a signed statement the applicant:

(A)Affirms that he or she has not committed a disqualifying offense;

(B)Acknowledges that a disqualifying offense reported in the required criminal history record information check shall constitute good cause for termination; and

(C)Acknowledges that the department, covered provider, or covered contractor may terminate the individual if a disqualifying o

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(a) The department, covered provider, or covered contractor may permit an applicant to work on a provisional basis for not more than 60 days pending notification from the director regarding the results of the criminal background check if:

(1) The applicant is subject to direct on-site supervision, as specified in rule by the Inspector General, during the course of the provisional period; and

(2) In a signed statement the applicant:

(A) Affirms that he or she has not committed a disqualifying offense;

(B) Acknowledges that a disqualifying offense reported in the required criminal history record information check shall constitute good cause for termination; and

(C) Acknowledges that the department, covered provider, or covered contractor may terminate the individual if a disqualifying offense is reported in the background check.

(b) Provisional employees who have requested a variance shall not be required to sign such a statement. The department, covered provider, or covered contractor may continue to employ an applicant if an applicant applies for a variance of his or her fitness determination until the variance is resolved.

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