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 § 16B-15-6

Ch. 16BINSPECTOR GENERAL

Art. 15WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT

This text of West Virginia § 16B-15-6 (Provisional employment pending completion of background check) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 16B-15-6 (2026).

Text

(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.