The bill amends the West Virginia Clearance for Access: Registry and Employment Screening Act by modifying the background check variance process and establishing specific timelines for reviews and notifications. Notably, it introduces a requirement for applicants to submit to a subsequent prescreening and background check 90 days prior to the expiration of their clearance, ensuring that the director reviews and approves this before any lapse occurs. Additionally, the bill changes the notification timeline for variance decisions, requiring the director to inform the applicant and relevant parties within 30 days if the request follows an ineligibility determination, or within 60 days if submitted concurrently with the application.

Furthermore, the bill clarifies that applicants are not required to undergo fingerprinting and a criminal background check for subsequent employment if they have previously received clearance or an approved variance from the director, provided that no disqualifying offenses have been identified through the Rap Back Program. The director is also mandated to provide notice of prior clearance or approved variance within 10 days upon request from subsequent employers. These changes aim to streamline the employment screening process while maintaining safety standards for vulnerable populations.

Statutes affected:
Introduced Version: 16B-15-10
Committee Substitute: 16B-15-3, 16B-5-5, 16B-5-7
Engrossed Committee Substitute: 16B-15-3, 16B-15-5, 16B-15-7