West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening
Section 69-10-4 - Fingerprinting
Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. If the applicant does not have a negative finding in the prescreening process, and the Department, covered provider, or covered contractor, if applicable, is considering the applicant for employment, the applicant shall submit to fingerprinting for a state and federal criminal history record information check, and may be employed as a provisional employee subject to the provisions of this rule.
4.2. Applicants considered for hire shall be notified by the hiring entity that their fingerprints will be retained by the State Police Criminal Identification Bureau and the Federal Bureau of Investigation to allow for updates of criminal record information according to applicable standards, rules, regulations or laws. The Secretary will notify employers in writing by regular U.S. mail of subsequent criminal events discovered through rap back, but the affected employee's employment status during the time period between an arrest and either a conviction or a dismissal is a matter of Department or company policy.
4.3. An applicant who has gone through the criminal background check process described by the provisions of this rule, but has not been employed by the Department or covered provider for five years, must submit new fingerprints and obtain a new employment fitness determination from the Secretary.
4.4. After an applicant's fingerprints have been compared with the state and federal criminal history information, the State Police shall notify the Secretary of the results for the purposes of making an employment fitness determination.
