As used in this article: “Applicant” means an individual who is being considered for employment or engagement with the department, a covered provider or covered contractor. “Background check” means a prescreening of registries specified by the secretary by rule and a fingerprint-based search of state and federal criminal history record information. “Bureau” means a division […]
(a) The secretary shall create and implement a background check program to facilitate the processing and analysis of the criminal history and background of applicants to the department, covered providers, and covered contractors with direct access. This program shall be called the West Virginia Clearance for Access: Registry and Employment Screening. (b) The purpose of […]
(a) Except as otherwise permitted in this article, the department, covered provider, or covered contractor may not employ or engage an applicant prior to completing the background check process. (b) If the applicant has a negative finding on any required prescreening registry or database, the employer shall notify the individual of such finding. (c) If […]
(a) If the secretarys review of the applicants criminal history record information reveals a disqualifying offense, the secretary shall provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is ineligible for work. The secretary may not disseminate the criminal history record information. (b) The department, covered provider, or covered […]
(a) If the secretary issues a notice of ineligibility, the applicant, or the employer on the applicants behalf, may file a written request for a variance with the secretary not later than 30 days after the date of the notice required by 16-49-3 or 16-49-4 of this code. (b) The secretary may grant a variance […]
(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 secretary 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 secretary, during […]
(a) An applicant is not required to submit to fingerprinting and a criminal background check if: (1) The individual previously submitted to fingerprinting and a full criminal background check as required by this article;
In order to enforce the requirements and intent of this article, the following fees may be charged: (1) The State Police may assess a fee to the department, applicants, covered providers, or covered contractors for conducting the criminal background check and for collecting and retaining fingerprints for Rap Back as authorized under this article.
(a) The secretary shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this article. The secretary may promulgate emergency rules, if justified, pursuant to section fifteen, article three, chapter twenty-nine-a of this code as may be required. (b) Failure of a covered provider […]
