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 and deadlines for reviews. Key changes include the requirement for the director to notify applicants and relevant parties of the decision regarding a variance within 30 to 60 days, depending on when the request is submitted. Additionally, the bill stipulates that applicants must undergo a subsequent prescreening and background check 90 days prior to the expiration of their clearance, ensuring that there is no lapse in their eligibility to work.
Furthermore, the bill clarifies that applicants are not required to undergo fingerprinting and a criminal background check for subsequent employment if they have previously completed these requirements without any disqualifying offenses and if the Rap Back Program has not identified any new criminal activity. The director is also tasked with providing notice of prior clearance or approved variance within 10 days of a request from a subsequent employer. These amendments aim to streamline the employment screening process while maintaining safety and compliance standards.
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
Enrolled Committee Substitute: 16B-15-3, 16B-15-5, 16B-15-7