West Virginia law sets deadlines for background check variance decisions

The director must send the applicant and employer a written decision on a variance request. This applies to applicants who request a variance after an ineligibility notice or at the same time as their application. The director may grant a variance only if mitigating circumstances are provided and the director finds that the person will not pose a danger or threat to residents, members, or their property. The decision is due within 30 days of receiving a request made after an ineligibility notice, or within 60 days for a request submitted with the application.

An applicant may ask the director in writing for a variance. This applies to an applicant who receives an ineligibility notice under the background check rules. The employer may file the request on the applicant’s behalf. The director may grant a variance only if mitigating circumstances are provided and the director finds that the applicant will not pose a danger or threat to residents, members, or their property. The written request must be filed within 30 days after the ineligibility notice.

The director must confirm an applicant’s prior clearance or approved variance for direct access status when a later covered employer asks. This applies to applicants seeking later work with the same type of covered provider or contractor. The applicant must previously have completed fingerprinting and a full background check, cleared the check or received an approved variance to work for the same type of covered provider or contractor, and have no disqualifying criminal activity identified by the Rap Back Program. The director must provide the notice within 10 days after the later covered employer’s request.