RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 754R 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;
electronic N submissions;
[HR 270]O Approved April[H 27,270] 2022L Be it enacted by the General Assembly of Virginia:
L 1.
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 60.§D 30-222.60.2-121.3 as follows:
Powers and duties of the Commission;
subcommittee established.
The Commission shall have the following powers and duties:duties:stablished.
andandH 4.
Report annually its findings and recommendations to the General Assembly and the Governor.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:
Within2 the1. 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.
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 effortseff4. to improve functionality;
4.
the House Committee on Appropriations, the House Committee on Commerce and Energy, the Senate CommitteeComD. on Commerce and Labor, and the Senate Committee on Finance and Appropriations.
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 followingfactors purposes: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.
Such rules and regulations shall bebent 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 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 (ii)(iR) any other matter related to unemployment compensation under this title.
Subject to annual appropriations,appropriaEions, the Unemployment Compensation Ombudsman shall employ sufficient personnel to carry out the duties and powers prescribed by this section.
The Unemployment Compensation Ombudsman and personnel ofofes 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.
N B.
The Unemployment Compensation Ombudsman shall report informationinformatiOn summarizing this data, including outcomes of individual cases, without disclosing individual-level identifyingOmbudsman data,shall tocarry out any additional activities as the Commission atdetermines leastto oncebe annually.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 L 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 judicialcommunications orare administrativeintentionally proceedingused exceptto whereplan, (i)attempt to commit, or commit a threatcrime toor inflictconceal bodilyan injury(ii) isongoing made;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 claimclaHm or complaint of misconduct or malpractice filed against the legal representative of a person who receivedr2ceived assistance from the Unemployment Compensation Ombudsman or personnel of the Office.
ConfidentialConfidentia0 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.).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;
Determineorh whetherb. 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;
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 § 60.2-620.6B.
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.
C.mailing such notice to the claimant's last known address.
NoticeIn addition, notice of any determination uponthat aof claim5 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 claimantmost byrecent delivering30-day or by240-hour mailingemploying suchunit noticeby towhom the claimant'sclaimant was last knownemployed address.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 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 mannerR deniesmanD. benefits to the claimant for one or more weeks.
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 hasRas determined to be invalid because of monetary ineligibility shall first be subject to review only upon a requestdetermination foras redeterminationa pursuantresult toof §such 60.2-629.review, and such monetary determination shall become final unless appealed by the claimant within 30 days of the date of mailing.
The Commission shall issueclearly aseL newout monetarythe determinationprocess asfor requesting a resultredetermination of such review, and such monetary determination shall become final unless of 5 appealed by the claimantprocess withinfor 30filing daysan ofappeal theon dateeach ofmonetary mailing.determination issued.
TheMonetary Commissionineligibility shalldoes clearlynot setinclude outan appeal on the processeffective fordate requestingof athe redeterminationclaim, andunless the processclaimant forhas filingrequested anand appealreceived ona eachredetermination of the monetary determinationdetermiEation issued.pursuant to § 60.2-629.
Monetarychapter, ineligibilityor doesdecision notof include an appeal ontribunal, the effectiveCommission, datethe Board of theReview claim,or unlessa thereviewing claimantcourtis hasunder requested§§ 60.2-625 and received60.2-631 aupon the issuance of such determination, redetermination or decision, regardless of the monetarypendency determinationof pursuantthe period to §file 60.2-629.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.
BenefitsIf shallan beappeal paidis promptlytaken infrom accordancethe withCommission's adecision, determinationbenefits orpaid redeterminationshall underresult thisin chapter,a orbe7efit decisioncharge ofto an appeal tribunal, the Commission,account the Board of Reviewthe oremployer aunder reviewing§ court60.2-530 underonly §§when, 60.2-625 and 60.2-631as uponof the issuancedate ofon suchwhich, determination,as redeterminationthe orEesult decision, regardless of thean pendencyappeal, of the periodcourts tofinally filedetermine anthat appealthe orCommission petitionshould forhave judicialawarded reviewbenefits thatto isRhe providedclaimant in this chapter, or theclaimants pendencyinvolved ofin any such appealappeal. or review.
Such2 benefits2. 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.
IfThat athe decisionVirginia Department of anHuman appealResource tribunalManagement allowingshall benefitslead isa affirmedmultiagency inwork anybe amountin byneed theof Commission,staffing benefitsassistance shallduring continueemergencies, to beexamine paidthe untilfeasibility suchof, timefunding asfor, aand courtpolicies decisionand hasprocedures becomenecessary finalfor so(i) thatgranting noagencies furtherexemptions appealfrom cancertain becompetitive taken.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 practiceswork maygroup beshall invokedsubmit its findings to the Secretary of Administration and athe processChairmen forof invokingthehe thisHouse authorityCommittee ason wellAppropriations asand terminatingthe it.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 appealsappealsy criteria process, and (iii) how to determine the status or outcome of a claim.