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VIRGINIA ACTS OF ASSEMBLY -- 2022 RECONVENED SESSION CHAPTER 754 An Act to amend and reenact §§ 30-222, 60.2-111, and 60.2-619, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 60.2 sections numbered 60.2-121.2 and 60.2-121.3, relating to Virginia Employment Commission;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact §§ 30-222, 60.2-111, and 60.2-619, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 60.2 sections numbered 60.2-121.2 and 60.2-121.3, relating to Virginia Employment Commission;
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[H 270] Approved April 27, 2022 Be it enacted by the General Assembly of Virginia:
R O Approved [H 270] L Be it enacted by the General Assembly of Virginia:
1.
L 1.
That §§ 30-222, 60.2-111, and 60.2-619, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 2 of Chapter 1 of Title 60.2 sections numbered 60.2-121.2 and 60.§ 30-222.
That §§ 30-222, 60.2-111, and 60.2-619, as it is currently effective and as it shall become E effective, of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 2 of Chapter 1 of Title 60.2 sections numbered 60.2-121.2 and D 60.2-121.3 as follows:
Powers and duties of the Commission;
subcommittee established.
The Commission shall have the following powers and duties:
The Commission shall have the following powers and duties:stablished.
and 4.
andH 4.
Report annually its findings and recommendations to the General Assembly and the Governor.
Report annually its findings and recommendations to the General Assembly and the Governor2 (UI) that shall be responsible for monitoring the Virginia Employment Commission's management of the Commonwealth's unemployment insurance system.
B.
The subcommittee shall be responsible for monitorRng the Virginia Employment Commission's following operations:
Within the Commission there shall be established a subcommittee on unemployment insurance (UI) that shall be responsible for monitoring the Virginia Employment Commission's management of the Commonwealth's unemployment insurance system.
2 1.
The subcommittee shall be responsible for monitoring the Virginia Employment Commission's following operations:
1.
Modernization of the unemployment insurance information technology system and subsequent efforts to improve functionality;
Modernization of the unemployment insurance information technology system and subsequent eff4.
4.
the House Committee on Appropriations, the House Committee on Commerce and Energy, the Senate Committee on Commerce and Labor, and the Senate Committee on Finance and Appropriations.
the House Committee on Appropriations, the House Committee on Commerce and Energy, the Senate ComD.
D.
The Commission shall periodically convene an advisory committee composed of an employer representative, an employee representative, a labor economist, a finance expert, a labor law expert, and any other stakeholders or subject matter experts deemed appropriate by the Commission for the following purposes:
The Commission shall periodically convene an advisory committee composed of an employer representative, an employee representative, a labor economist, a finance expert, a labor law expert, and any other stakeholders or subject matter experts deemed appropriate by the Commission for the factors that affect UI benefits and recipiency, such as design of UI benefit calculations or UI eligibility criteria;
(i) to review UI benefits, replacement ratios, and recipiency rates;
(ii) to identify factors that affect UI benefits and recipiency, such as design of UI benefit calculations or UI eligibility criteria;
It shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action, including the appointment of advisory groups, as it deems necessary or suitable to that end.
It shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, advisory groups, as it deems necessary or suitable to that end.
Such rules and regulations shall be subject to the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2, except as to the subject matter of subdivisions 2 and 3 of § 60.2-515, which shall become effective in the manner prescribed by § 2.2-4103.
Such rules and regulations shall bent of subject to the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2, except as to the subject matter of 5 of subdivisions 2 and 3 of § 60.2-515, which shall become effective in the manner prescribed by § 2.2-4103.
The Commission shall determine its own organization and methods of procedure in of 5 accordance with provisions of this title, and shall have an official seal which shall be judicially noticed.
The Commission shall determine its own organization and methods of procedure in accordance with provisions of this title, and shall have an official seal which shall be judicially noticed.
The Unemployment Compensation Ombudsman shall provide neutral educational information and assistance to, shall protect the interests of, and shall ensure that due process is afforded to all persons seeking assistance in (i) appeals proceedings brought pursuant to Chapter 6 (§ 60.2-600 et seq.) and (ii) any other matter related to unemployment compensation under this title.
The Unemployment Compensation Ombudsman shall provide neutral educational information and assistance of 5 to, shall protect the interests of, and shall ensure that due process is afforded to all persons seeking assistance in (i) appeals proceedings brought pursuant to Chapter 6 (§ 60.2-600 et seq.) and (iR) any other matter related to unemployment compensation under this title.
Subject to annual appropriations, the Unemployment Compensation Ombudsman shall employ sufficient personnel to carry out the duties and powers prescribed by this section.
Subject to annual appropriaEions, and powers prescribed by this section.
The Unemployment Compensation Ombudsman and personnel of of 5 the Office shall carry out their duties with impartiality and shall not serve as an advocate for any person or provide legal advice.
The Unemployment Compensation Ombudsman and personnel ofes the Office shall carry out their duties with impartiality and shall not serve as an advocate for any person or provide legal advice.
B.
N B.
The Unemployment Compensation Ombudsman shall report information summarizing this data, including outcomes of individual cases, without disclosing individual-level identifying data, to the Commission at least once annually.
The Unemployment Compensation Ombudsman shall report informatiOn summarizing this data, including outcomes of individual cases, without disclosing individual-level Ombudsman shall carry out any additional activities as the Commission determines to be appropriate.
The Unemployment Compensation Ombudsman shall carry out any additional activities as the Commission determines to be appropriate.
All memoranda, work products, and other materials contained in the case files of the Unemployment Compensation Ombudsman and personnel of the Office shall be confidential.
All memoranda, work products, and other materials contained in the case files of the L Unemployment Compensation Ombudsman and personnel of the Office shall be confidential.
Any communication between the Unemployment Compensation Ombudsman and personnel of the Office and a person receiving assistance that is made during or in connection with the provision of services of the Unemployment Compensation Ombudsman and personnel of the Office shall be confidential.
Any E communication between the Unemployment Compensation Ombudsman and personnel of the Office and a person receiving assistance that is made during or in connection with the provision of services of the Unemployment Compensation Ombudsman and personnel of the Office shall be confidential.
Confidential materials and communications shall not be subject to disclosure and shall not be admissible in any judicial or administrative proceeding except where (i) a threat to inflict bodily injury is made;
Confidential materials and communications shall not be subject to disclosure and shall not be admissible in any communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an (ii) ongoing crime;
(ii) communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime;
or (iv) communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against the legal representative of a person who received assistance from the Unemployment Compensation Ombudsman or personnel of the Office.
or (iv) communications are sought or offered to prove or disprove a claHm or complaint of misconduct or malpractice filed against the legal representative of a person who r2ceived assistance from the Unemployment Compensation Ombudsman or personnel of the Office.
Confidential materials and communications as described in this section are not subject to mandatory disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
Confidentia0 under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).ubject to mandatory disclosuRe D.
D.
The Unemployment Compensation Ombudsman and personnel of the Office shall be immune from 2 civil liability in their performance of the duties specified in this section.
The Unemployment Compensation Ombudsman and personnel of the Office shall be immune from civil liability in their performance of the duties specified in this section.
a.
benefits shall commence, the weekly benefit amount payable and the maximum duration thereof;
Determine whether or not such claim is valid, and if valid, the week with respect to which benefits shall commence, the weekly benefit amount payable and the maximum duration thereof;
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or b.
When the payment or denial of benefits will be determined by the provisions of subdivision 2 of § 60.2-612, the deputy shall promptly transmit his full finding of fact with respect to that subdivision to any appeal tribunal, which shall make its determination in accordance with the procedure described in § 60.2-620.
When the payment or denial of benefits will be determined by the provisions of subdivision 2 of § 60.2-612, the deputy shall promptly transmit his full finding of fact with respect to that subdivision to any appeal tribunal, which shall make its determination in accordance with the procedure described in § 6B.
B.
If a claimant has had a determination of initial eligibility for benefits under this chapter, as evidenced by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility and in accordance with the terms of this subsection, until a determination is made that provides the claimant notice and an opportunity to be heard.
If a claimant has had a determination of initial eligibility for benefits under this chapter, as evidenced by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility and in accordance with the terms of this heard.
C.
mailing such notice to the claimant's last known address.
Notice of determination upon a claim shall be promptly given to the claimant by delivering or by mailing such notice to the claimant's last known address.
In addition, notice of any determination that of 5 involves the application of the provisions of § 60.2-618, together with the reasons therefor, shall be promptly given in the same manner to the most recent 30-day or 240-hour employing unit by whom the claimant was last employed and any subsequent employing unit which is a party.
In addition, notice of any determination that involves the application of the provisions of § 60.2-618, together with the reasons therefor, shall be promptly given in the same manner to the most recent 30-day or 240-hour employing unit by whom the claimant was last employed and any subsequent employing unit which is a party.
The deputy shall promptly notify the claimant of any decision made by him at any time which in any of 5 manner denies benefits to the claimant for one or more weeks.
The deputy shall promptly notify the claimant of any decision made by him at any time which in any manner denies benefits to the claimant for one or more weeks.
The Commission may dispense with the giving of notice of any determination to any employing unit, and such employing unit shall not be entitled to such notice if it has failed to respond timely or adequately to a written request of the Commission for information, as required by § 60.2-528.1, from which the deputy may have determined that the claimant may be ineligible or disqualified under any provision of this title.
The Commission may dispense with the giving of notice of any determination to any employing unit, and such employing unit shall not be entitled to such notice if it has failed to respond timely or adequately to a written request of the Commission for information, as required by § 60.2-528.1, from which the deputy may have of 5 determined that the claimant may be ineligible or disqualified under any provision of this title.
The deputy shall promptly notify the claimant of any decision made by him at any time which in any manner denies benefits to the claimant for one or more weeks.
The deputy shall promptly notify the claimant of any decision made by him at any time which in any R manD.
D.
Such determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within 30 calendar days after the delivery of such notification, (ii) within 30 calendar days after such notification was mailed to his last known address, or (iii) within 30 days after such notification was mailed to the last known address of an interstNte claimant.
Such determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within 30 calendar days after the delivery of such notification, (ii) within 30 calendar days after such notification was mailed to his last known address, or (iii) within 30 days after such notification was mailed to the last known address of an interstate claimant.
A claim that the Commission has determined to be invalid because of monetary ineligibility shall first be subject to review only upon a request for redetermination pursuant to § 60.2-629.
A claim that the Commission Ras determined to be invalid because of monetary ineligibility shall first be subject to review only upon a determination as a result of such review, and such monetary determination shall become final unless appealed by the claimant within 30 days of the date of mailing.
The Commission shall issue a new monetary determination as a result of such review, and such monetary determination shall become final unless of 5 appealed by the claimant within 30 days of the date of mailing.
The Commission shall clearly seL out the process for requesting a redetermination and the process for filing an appeal on each monetary determination issued.
The Commission shall clearly set out the process for requesting a redetermination and the process for filing an appeal on each monetary determination issued.
Monetary ineligibility does not include an appeal on the effective date of the claim, unless the claimant has requested and received a redetermination of the monetary determiEation pursuant to § 60.2-629.
Monetary ineligibility does not include an appeal on the effective date of the claim, unless the claimant has requested and received a redetermination of the monetary determination pursuant to § 60.2-629.
chapter, or decision of an appeal tribunal, the Commission, the Board of Review or a reviewing courtis under §§ 60.2-625 and 60.2-631 upon the issuance of such determination, redetermination or decision, regardless of the pendency of the period to file an appeal or petition for judicial review that is provided in this chapter, or the pendency of any such appeal or review.
E.
Such benefits shall be paid unless or until such determination, redetermination or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment an appeal tribunal allowing benefits is affirmed in any amount by the Commission, benefits shallsion of continue to be paid until such time as a court decision has become final so that no further appeal can be taken.
Benefits shall be paid promptly in accordance with a determination or redetermination under this chapter, or decision of an appeal tribunal, the Commission, the Board of Review or a reviewing court under §§ 60.2-625 and 60.2-631 upon the issuance of such determination, redetermination or decision, regardless of the pendency of the period to file an appeal or petition for judicial review that is provided in this chapter, or the pendency of any such appeal or review.
If an appeal is taken from the Commission's decision, benefits paid shall result in a be7efit charge to the account of the employer under § 60.2-530 only when, and as of the date on which, as the Eesult of an appeal, the courts finally determine that the Commission should have awarded benefits to Rhe claimant or claimants involved in such appeal.
Such benefits shall be paid unless or until such determination, redetermination or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with such modifying or reversing redetermination or decision.
2 2.
If a decision of an appeal tribunal allowing benefits is affirmed in any amount by the Commission, benefits shall continue to be paid until such time as a court decision has become final so that no further appeal can be taken.
That the Virginia Department of Human Resource Management shall lead a multiagency work be in need of staffing assistance during emergencies, to examine the feasibility of, funding for, and policies and procedures necessary for (i) granting agencies exemptions from certain competitive hiring requirements during emergencies;
If an appeal is taken from the Commission's decision, benefits paid shall result in a benefit charge to the account of the employer under § 60.2-530 only when, and as of the date on which, as the result of an appeal, the courts finally determine that the Commission should have awarded benefits to the claimant or claimants involved in such appeal.
2.
That the Virginia Department of Human Resource Management shall lead a multiagency work group, composed of agency leaders and human resources staff from state agencies most likely to be in need of staffing assistance during emergencies, to examine the feasibility of, funding for, and policies and procedures necessary for (i) granting agencies exemptions from certain competitive hiring requirements during emergencies;
The work group shall propose criteria to determine under what circumstances these emergency hiring practices may be invoked and a process for invoking this authority as well as terminating it.
The work group shall propose criteria to determine under what circumstances these emergency hiring work group shall submit its findings to the Secretary of Administration and the Chairmen of thehe House Committee on Appropriations and the Senate Committee on Finance and Appropriations by December 1, 2022.
The work group shall submit its findings to the Secretary of Administration and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by December 1, 2022.
In its review and revision, the internal audit division shall describe and explain (i) eligibility criteria for unemployment insurance, (ii) how to navigate the unemployment insurance claims and appeals process, and (iii) how to determine the status or outcome of a claim.
In for unemployment insurance, (ii) how to navigate the unemployment insurance claims and appealsy criteria process, and (iii) how to determine the status or outcome of a claim.
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