West Virginia Code § 8-15-20

Appointments from list of eligible applicants; special examinations for
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electricians or mechanics.
(a) Every position, unless filled by promotion, reinstatement, or reduction, shall be filled only
in the manner specified in this section. The appointing officer shall notify the Firemen's Civil
Service Commission of any vacancy in a position which he or she desires to fill, and shall
request the certification of eligible applicants. The commission shall immedeiately certify,
from the eligible list, the names of the three individuals on the eligible list who received the
highest averages at preceding competitive examinations held under ther civil service
provisions of this article within a period of three years next preceding the date of the
prospective appointment. The appointing officer shall, with sole reference to the relative
merit and fitness of the candidates, make an appointment from the three certified names:
Provided, That if the appointing officer objects, to the commtission, to one or more of these
individuals, for any of the reasons stated in §8-15-19 of this code, and the objection is
sustained by the commission, after a public hearing along the lines of the hearing provided
for in §8-15-19 of this code, if a hearing is requested, the commission shall strike the name of
the individual from the eligible list, and certify the next highest name for each individual
stricken. As each subsequent vacancy occurs, in the same or another position, precisely the
same procedure shall be followed: Provided, however, That after any name has been rejected
three times for the same or another position in favor of a name or names below it on the
same list, the name shall be stricken from the list. When there are a number of positions of
the same kind to be filled at the same time, each appointment shall, nevertheless, be made
separately and in accordance weith the provisions of this section. When an appointment is
made under the provisions of this section it shall be, in the first instance, for the
probationary period of oLne year, as provided in §8-15-16 of this code: Provided further, That
in the event any position as an electrician or mechanic is to be filled in any paid fire
department, then the examinations to be given to applicants for either position shall be
drawn to test Vonly the qualifications of the applicants in regard to their ability as electricians
or mechanics, the examinations to be special examinations.
(b) If there are not enough eligible applicants to certify a list of three, then the appointing
officer may appoint a qualified individual to fill the position.

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