Bill Text: VA HB1453 | 2024 | Regular Session | Enrolled
Bill Title: Virginia Employment Commission; appeals proceedings, appeal tribunals and Board of Review.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2024-04-05 - Governor: Acts of Assembly Chapter text (CHAP0562) [HB1453 Detail]
Download: Virginia-2024-HB1453-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§60.2-608, 60.2-613, 60.2-619, 60.2-620, 60.2-622, 60.2-623, 60.2-625, and 60.2-630 of the Code of Virginia are amended and reenacted as follows:
§60.2-608. Child support intercept of unemployment benefits.
A. Any individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined under subsection G of this section. If any such individual discloses that he or she owes child support obligations, and is determined to be eligible for unemployment compensation, the Commission shall notify the state or local child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for unemployment compensation.
B. The Commission shall deduct and withhold the following from any unemployment compensation payable to such an individual:
1. The amount specified by the individual to the Commission to be deducted and withheld under this subsection, if neither the provisions of subdivision 2 of this subsection nor the provisions of subdivision 3 of this subsection are applicable;
2. The amount, if any, determined pursuant to an agreement submitted to the Commission under §454 (20) (B) (i) of the Social Security Act by the state or local child support enforcement agency, unless the provisions of subdivision 3 of this subsection are applicable; or
3. Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as defined in §462 (e) of the Social Security Act, properly served upon the Commission.
C. Any amount deducted and withheld under subsection B shall be paid by the Commission to the appropriate state or local child support enforcement agency.
D. Any amount deducted and withheld under subsection B shall be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.
E. For purposes of subsections A through D of this section, "unemployment compensation" means any compensation payable under this title, including amounts payable by the Commission pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
F. This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the Commission under this section which are attributable to child support obligations being enforced by the state or local child support enforcement agency.
G. The term "child support obligations" as defined for purposes of this section includes only obligations which are being enforced pursuant to a plan described in §454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV (42 U.S.C. 651 et seq.) of the Social Security Act.
H. The term "state or local child support enforcement agency" as used in this section means any agency of any state or a political subdivision thereof operating pursuant to a plan described in subsection G of this section.
I. Any determination issued under subsection B shall be final.
§60.2-613. Benefits not denied to individuals in training with approval of Commission.
A. No otherwise eligible individual shall be denied benefits
for any week because he is in training with the approval of the Commission,
including training under §134 of the Workforce Investment Innovation
and Opportunity Act, nor shall such individual be denied benefits for any
week in which he is in training with the approval of the Commission, including
training under §134 of the Workforce Investment Innovation and
Opportunity Act, by reason of the application of the provisions in
subdivision A 7 of §60.2-612 relating to availability for work, or the
provisions of subdivision 3 of §60.2-618 relating to failure to apply for, or
a refusal to accept, suitable work.
B. Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he is in training approved under §2296 of the Trade Act (19 U.S.C. §2101 et seq.), nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work.
C. For purposes of this section, "suitable employment" means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined for purposes of the Trade Act, and wages for such work at not less than eighty percent of the individual's average weekly wage as determined for the purposes of the Trade Act.
§60.2-619. Determinations and decisions by deputy; appeals therefrom.
A. 1. A representative designated by the Commission as a deputy, shall promptly examine the claim. On the basis of the facts found by him, the deputy shall either:
a. 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. Refer such claim or any relevant question
involved therein to any appeal tribunal the Commission's
Administrative Law Division's Office of First Level Appeals or to the
Commission, which tribunal or Commission shall make its determination in
accordance with the procedure described in §60.2-620.
2. When the payment or denial of benefits will be determined
by the provisions of subdivision A 2 of §60.2-612, the deputy shall promptly
transmit his full finding of fact with respect to that subdivision to any
appeal tribunal the Commission's Administrative Law Division's Office of
First Level Appeals, which shall make its determination in accordance with
the procedure described in §60.2-620.
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. However, the failure to furnish such notice shall not have any effect upon the claim for benefits.
C. 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 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 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 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.
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 or, if the party elects to receive electronic communications pursuant
to §60.2-121.1, electronically delivered to his last known address, or
(iii) within 30 days after such notification was mailed to the last known
address of an interstate claimant. Electronic delivery shall include
confirmation of receipt. For good cause shown, the 30-day period may be
extended. 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. The Commission shall issue a new
monetary 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 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 determination pursuant to §
60.2-629.
E. Benefits shall be paid promptly in accordance with a
determination or redetermination under this chapter, or decision of an
appeal tribunal the Commission's Administrative Law Division's Office of
First Level Appeals, 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.
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 the
Commission's Administrative Law Division's Office of First Level Appeals
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. 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.
§60.2-620. Hearing and decision on appeal.
A. Appeals filed under §60.2-619 shall be heard by an
appeal tribunal appointed pursuant to §60.2-621 the Commission's
Administrative Law Division's Office of First Level Appeals. Such appeal
tribunal office, after affording the claimant and any other parties
reasonable opportunity for a fair hearing, shall have jurisdiction to consider
all issues with respect to the claim since the initial filing thereof. Such
tribunal office shall affirm, set aside, reverse, modify, or alter
the findings of fact and decision of the deputy, and may enter such order or
decision with respect to the claim as such appeal tribunal office
finds should have been entered. However, no such order or decision shall affect
benefits already paid except in accordance with the provisions of §60.2-633.
B. The parties shall be duly notified of such tribunal's
office's decision, together with its reasons therefor, which shall be
deemed to be the final decision of the Commission, unless within thirty days
after the date of notification or mailing of such decision, further appeal is
initiated pursuant to §60.2-622. However, for good cause shown the thirty-day
period may be extended.
§60.2-622. Commission review.
A. The Commission (i) may on its own motion affirm, modify, or
set aside any decision of an appeal tribunal appeals examiner on
the basis of the evidence previously submitted in such case, or direct the
taking of additional evidence by an appeal tribunal appeals examiner,
or receive such evidence itself, or (ii) shall permit any of the parties to
such decision to initiate further appeals before it. The Commission may remove
to itself or transfer to another appeal tribunal appeals examiner
the proceedings on any claim pending before an appeal tribunal
appeals examiner. Any proceeding so removed to the Commission shall be
heard in accordance with the requirements of §60.2-620. The Commission shall
promptly notify the interested parties of its findings and decision.
B. 1. Any decision of the Commission, upon a hearing on appeal, shall become final 10 days after the date of notification or mailing, and judicial review shall be permitted the claimant or any interested party claiming to be aggrieved. The Commission shall be deemed to be a party to any judicial action involving any such decision, and shall be represented in any such judicial action by the Office of the Attorney General.
2. Any such decision by the Commission involving (i) whether an employing unit constitutes an employer or (ii) whether services performed for or in connection with business of an employing unit constitute employment for such employing unit, from which no judicial review is had pursuant to subsections C and D of §60.2-500, shall be conclusive in any subsequent judicial proceedings involving liability for taxes by the Commission against any employing unit which was a party to the proceedings held before the Commission.
C. The Commissioner shall have the power to designate a special examiner to hear appeals to the Commission under this section. The Commissioner may authorize and empower such special examiner to decide any appeal so heard, in which event the decision of the special examiner shall be the final decision of the Commission under this section, subject to judicial review under §60.2-625.
§60.2-623. Procedure generally; confidentiality of information.
A. The manner in which disputed claims shall be presented,
reports required from the claimant and from employers, the conduct of hearings
and appeals before any deputy, appeal tribunal appeals examiner,
or the Commission, and transcripts prepared shall be in accordance with
regulations prescribed by the Commission for determining the rights of the
parties. Such regulations need not conform to common law or statutory rules of
evidence and other technical rules of procedure. A full and complete record
shall be kept of all proceedings in connection with a disputed claim. All
testimony at any hearing upon a disputed claim shall be recorded, but need not
be transcribed unless the disputed claim is further appealed and a timely
request for a hearing before the Commission has been made in accordance with
regulations prescribed by the Commission. In lieu of providing a transcript,
and with the consent of all parties who participated in the hearing, the
Commission may provide a digital or other electronic recording of the testimony
taken at any hearing, which recording may be transmitted in any medium provided
that the recording is protected from unauthorized interception by reasonable
security measures.
B. Information furnished the Commission under the provisions of this chapter shall not be published or be open to public inspection, other than to public employees in the performance of their public duties. Neither such information, nor any determination or decision rendered under the provisions of §60.2-619, 60.2-620 or 60.2-622, shall be used in any judicial or administrative proceeding other than one arising out of the provisions of this title; however, the Commission shall make its records about a claimant available to the Workers' Compensation Commission if it requests such records. The Commission may also, in its discretion, furnish copies of the transcript of hearings to any party.
C. Notwithstanding the provisions of subsection B, the Commission shall, on a reimbursable basis, furnish wage and unemployment compensation information contained in its records to the Secretary of Health and Human Services and Virginia's child support enforcement agency for their use as necessary for the purposes of the National Directory of New Hires established under §453 (i) of the Social Security Act.
D. Notwithstanding the provisions of subsection B, the Commission shall, upon written request, furnish any agency or political subdivision of the Commonwealth such information as it may require for the purpose of collecting fines, penalties, and costs owed to the Commonwealth or its political subdivisions. Such information shall not be published or used in any administrative or judicial proceeding, except in matters arising out of the collection of fines, penalties, and costs owed to the Commonwealth or its political subdivisions.
§60.2-625. Judicial review.
A. Within thirty days after the decision of the Commission upon a hearing pursuant to §60.2-622 has been mailed, any party aggrieved who seeks judicial review shall commence an action in the circuit court of the county or city in which the individual who filed the claim was last employed. In such action against the Commission, the Commission and any other party to the administrative procedures before the Commission shall be named a defendant in a petition for judicial review. Such petition shall also state the grounds upon which a review is sought; it shall be served upon a member of the Commission or upon such person as the Commission may designate, and such service shall be deemed completed service on all parties. There shall be left with the party so served as many copies of the petition as there are defendants, and the Commission shall forthwith mail one such copy to each such defendant. With its answer, the Commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter, together with its findings of fact and decision therein. In any judicial proceedings under this chapter, the findings of the Commission as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law. Such actions and the questions so certified shall be heard in a summary manner at the earliest possible date. An appeal may be taken from the decision of the court to the Court of Appeals in conformity with Part Five A of the Rules of Supreme Court and other applicable laws.
B. From any circuit court decision involving (i) the
provisions of §60.2-612 or §60.2-618, (ii) whether an employing unit
constitutes an employer or (iii) whether services performed for or in
connection with the business of an employing unit constitute employment for
such employing unit, the Court of Appeals shall have jurisdiction to review
such decision regardless of the amount involved in any claim for benefits. It
shall not be necessary, in any proceeding under this chapter, to enter
exceptions to the rulings of the Commission or an appeal tribunal
appeals examiner, and no bond shall be required upon an appeal to any
court. Upon the final determination of such judicial proceeding, the Commission
shall administer the Unemployment Compensation Fund in accordance with such
determination.
C. The Commission shall have the right to appeal a decision of a circuit court in any proceeding under this chapter.
§60.2-630. Authority to set aside or vacate determinations and decisions.
The Commission may, in its discretion, at any time before a
determination or decision becomes final pursuant to §§ § 60.2-619,
60.2-621, or § 60.2-622, with good cause set aside or modify any
such determination or decision.
2. That §§60.2-621 and 60.2-631 of the Code of Virginia are repealed.
