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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 60.2-528.1 and 60.2-619 of the Code of Virginia, relating to N and decisions by deputy.n;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 165 An Act to amend and reenact §§ 60.2-528.1 and 60.2-619 of the Code of Virginia, relating to unemployment compensation;
determinRtions O [H 14] L Approved L Be it enacted by the General Assembly of Virginia:
determinations and decisions by deputy.
E 1.
[H 14] Approved March 28, 2024 Be it enacted by the General Assembly of Virginia:
That §§ 60.2-528.1 and 60.2-619 of the Code of Virginia are amended and reenacted as followsD failure to respond to requests for information.to certain overpayments;
1.
penalty for pattern of A.
That §§ 60.2-528.1 and 60.2-619 of the Code of Virginia are amended and reenacted as follows:
§ 60.2-528.1.
Charging of benefits relating to certain overpayments;
penalty for pattern of failure to respond to requests for information.
A.
"Employer," with regard to the timeliness and adequacy of responses, includes an agent of the employer used by the employer to respond to the Commission on the employer's behalf;
"Employer," with regard to the timeliness and adequacy of responses, includes an agent of the employer's agent's failure to respond timely or adequately to requests for information with regard to claims involving the agent's other clients shall not be used in determining whether the employer has established a pattern of failing to respond timely or adequately to written requests for information.
however, an employer's agent's failure to respond timely or adequately to requests for information with regard to claims involving the agent's other clients shall not be used in determining whether the employer has established a pattern of failing to respond timely or adequately to written requests for informHtion.
"Erroneous payment" means a payment of benefits under this title made prior to a determination by the Commission that the claimant is not eligible or qualified for the benefits paid.
"Erroneous payment" means a payment of benefits under this title made prior to a determinati1n by the"Information relating to a claim" means information material to a determination or decision by the Commission relating to the payment of benefits under this title, including separation information and information required by the Commission for the establishment of a claim for compensation and information about wages, days, and hours worked.
"Information relating to a claim" means information material to a determination or decision by the Commission relating to the payment of benefits under this title, including separation information and information required by the Commission for the establishment of a claim for compensation and information about wages, days, and hours worked.
Commission determines that:1.
B.
The erroneous payment was made because the employer has failed tof the respond timely or adequately to a written request by the Commission for information relating to the claim;
An employer's account shall not be relieved of charges relating to an erroneous payment if the Commission determines that:1.
The erroneous payment was made because the employer has failed to respond timely or adequately to a written request by the Commission for information relating to the claim;
"Adequate" if it fails to provide sufficient material facts to enable the Commission to make a inadequate if the Commission failed to request the necessary information or if information is provided in a format other than as requested, provided that the information is capable of being read by the recipient, and (ii) there shall be a rebuttable presumption that an employer that participates in a fact-finding interview or responds fully to the questions set out on the written request for information has provided an adequate response;
"Adequate" if it fails to provide sufficient material facts to enable the Commission to make a correct determination regarding a claim for benefits;
however, (i) a response shall not be deemed inadequate if the Commission failed to request the necessary information or if information is provided in a format other than as requested, provided that the information is capable of being read by the recipient, and (ii) there shall be a rebuttable presumption that an employer that participates in a fact-finding interview or responds fully to the questions set out on the written request for information has provided an adequate response;
An employer shall be deemed to have established a pattern of failing to respond timely or employer has failed to respond timely or adequately to a written request for information relating to ae claim on four three or more occasions within the applicable review period.
An employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on four three or more occasions within the applicable review period.
second, and third determinations that each instance in which the employer failed fails to respond timely or adequately to a written request for information relating to a claim within the applicable review period.
E.
of 4 Each such notice shall be electronically delivered, including delivery through the Employer Self-Service Tax System website maintained by the Commission, or mailed to the employer's last known address of agency record employer and shall advise the employer of the potential implications of the employer's failure to respond timely or adequately to written requests for such information.
The Commission shall provide the employer with a written notice following the employer's first, second, and third determinations that each instance in which the employer failed fails to respond timely or adequately to a written request for information relating to a claim within the applicable review period.
Each such notice shall be electronically delivered, including delivery through the Employer Self-Service Tax System website maintained by the Commission, or mailed to the employer's last known address of of 3 agency record employer and shall advise the employer of the potential implications of the employer's failure to respond timely or adequately to written requests for such information.
of 4 A.
A.
The deputy shall only examine or consider in the claim review process information or evidence fEom an employer or third party if the deputy (i) has provided the claimant with a reasonable opportunity to review and respond to all potentially disqualifying issues or conflicting or otherwise adverse material facts within such information or evidence, (ii) has documented all material responsive informatRon received from the claimant pursuant to clause (i), and (iii) considers material responsive information in thea.
The deputy shall only examine or consider in the claim review process information or evidence from an employer or third party if the deputy (i) has provided the claimant with a reasonable opportunity to review and respond to all potentially disqualifying issues or conflicting or otherwise adverse material facts within such information or evidence, (ii) has documented all material responsive information of 3 received from the claimant pursuant to clause (i), and (iii) considers material responsive information in the deputy's evaluation of the claim.
Determine whether or not such claim is valid, and if valid, the week with respect to whichither:
On the basis of the facts found by him, the deputy shall either:
benefits shall commence, the weekly benefit amount payable and the maximum duration thereof;
a.
orL b.
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;
or b.
E 2.
2.
of such filing to be mailed to the most recent 30-day or 240-hour employing unit of the claimant and all subsequent employing units, and any reimbursable employing units which may be liable for reimbursement to the Commission for any benefits paid.
B.
Upon the filing of an initial claim for benefits, the Commission shall cause an informatory notice of such filing to be mailed to the most recent 30-day or 240-hour employing unit of the claimant and all subsequent employing units, and any reimbursable employing units which may be liable for reimbursement to the Commission for any benefits paid.
H C.
C.
Notice of determination upon a claim, the reasoning behind the decision, and a statement of case-specific facts material to the determination shall be promptly given to the claimant by de4ivering or by mailing such notice to the claimant's last known address.
Notice of determination upon a claim, the reasoning behind the decision, and a statement of case-specific facts material to the determination 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 determiRation which 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 which 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 Commission 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 determined that the claimant may be ineligible or disqualified under any provision of this title.
and (iii) the legal conclusion drawn from the appD.
and (iii) the legal conclusion drawn from the application of the law to such information or evidence.
D.
The Commission shall clearly set out 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.
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 of 4 taken.
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.
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.
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