{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/60.2-619.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/60.2-619.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/60.2-619.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/60.2-619.html"}],"law_id":61849,"edition_id":1,"section_id":61849,"structure_id":15734,"section_number":"60.2-619","catch_line":"Determinations and decisions by deputy; appeals therefrom","history":"Code 1950, \u00a7 60-49; 1954, c. 203; 1966, c. 30; 1968, c. 738, \u00a7 60.1-61; 1970, c. 104; 1972, c. 692; 1974, c. 466; 1976, c. 708; 1980, cc. 408, 426; 1982, c. 363; 1986, c. 480; 1995, c. 515; 1997, c. 202; 1999, c. 79; 2013, c. 771; 2021, Sp. Sess. I, c. 539; 2022, cc. 668, 716, 754; 2024, cc. 165, 236, 562, 603, 746, 772.","full_text":"A\n\n1. A representative designated by the Commission as a deputy shall promptly examine the claim. 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 received from the claimant pursuant to clause (i), and (iii) considers material responsive information in the deputy’s evaluation of the claim. On the basis of the facts found by him, the deputy shall either:\n\t\t\ta. 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\n\t\t\tb. Refer such claim or any relevant question to the Commission’s Administrative Law Division’s Office of First Level Appeals or to the Commission, which shall make its determination in accordance with the procedure described in \u00a7 60.2-620.2\n\nWhen 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 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\n\n(Effective until July 1, 2028) 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 that 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. 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. When a question concerning continued eligibility for benefits arises, a determination shall be made as to whether it affects future weeks of benefits or only past weeks. With respect to future weeks, presumptive payment shall be made no later than 21 days after the issue arises, regardless of the type of issue. With respect to past weeks, presumptive payment shall be issued immediately, regardless of the type of issue. Notice shall be given to individuals who receive payments under such presumption that pending eligibility may affect their entitlement to the payment and may result in an overpayment that requires repayment.B\n\n(Effective July 1, 2028) 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 that 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\n\nNotice 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 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 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 the deputy, the reasoning behind the decision, and a statement of case-specific facts material to the determination at any time which in any manner denies benefits to the claimant for one or more weeks. As used in this subsection, the reasoning behind the decision means an explanation in plain language of (i) the law or regulation upon which the determination is based; (ii) the application of the law to the material information or evidence obtained from the claimant, employer, or third party; and (iii) the legal conclusion drawn from the application of the law to such information or evidence.D\n\nSuch determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision 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. 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\n\nBenefits shall be paid promptly in accordance with a determination or redetermination under this chapter, or decision of the Commission’s Administrative Law Division’s Office of First Level Appeals, the Commission, or a reviewing court under § 60.2-625 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 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.","order_by":null,"text":{"0":{"id":225849,"text":"1. A representative designated by the Commission as a deputy shall promptly examine the claim. 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 received from the claimant pursuant to clause (i), and (iii) considers material responsive information in the deputy’s evaluation of the claim. On the basis of the facts found by him, the deputy shall either:\n\t\t\ta. 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\n\t\t\tb. Refer such claim or any relevant question to the Commission’s Administrative Law Division’s Office of First Level Appeals or to the Commission, which shall make its determination in accordance with the procedure described in \u00a7 60.2-620.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":225850,"text":"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 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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":225851,"text":"(Effective until July 1, 2028) 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 that 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. 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. When a question concerning continued eligibility for benefits arises, a determination shall be made as to whether it affects future weeks of benefits or only past weeks. With respect to future weeks, presumptive payment shall be made no later than 21 days after the issue arises, regardless of the type of issue. With respect to past weeks, presumptive payment shall be issued immediately, regardless of the type of issue. Notice shall be given to individuals who receive payments under such presumption that pending eligibility may affect their entitlement to the payment and may result in an overpayment that requires repayment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":225852,"text":"(Effective July 1, 2028) 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 that 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"B","next_prefix":"C"},"4":{"id":225853,"text":"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 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 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 the deputy, the reasoning behind the decision, and a statement of case-specific facts material to the determination at any time which in any manner denies benefits to the claimant for one or more weeks. As used in this subsection, the reasoning behind the decision means an explanation in plain language of (i) the law or regulation upon which the determination is based; (ii) the application of the law to the material information or evidence obtained from the claimant, employer, or third party; and (iii) the legal conclusion drawn from the application of the law to such information or evidence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":225854,"text":"Such determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision 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. 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":225855,"text":"Benefits shall be paid promptly in accordance with a determination or redetermination under this chapter, or decision of the Commission’s Administrative Law Division’s Office of First Level Appeals, the Commission, or a reviewing court under § 60.2-625 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 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15734,"edition_id":1,"name":"Claims Adjudication","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12884,"metadata":{},"date_created":"2026-06-26 03:58:38","date_modified":"2026-06-26 03:58:38","permalink":{"id":267933,"object_type":"structure","relational_id":15734,"identifier":"5","token":"60.2\/6\/5","url":"\/60.2\/6\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12884,"edition_id":1,"name":"Benefits","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12883,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267835,"object_type":"structure","relational_id":12884,"identifier":"6","token":"60.2\/6","url":"\/60.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12883,"edition_id":1,"name":"Unemployment Compensation","identifier":"60.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267273,"object_type":"structure","relational_id":12883,"identifier":"60.2","token":"60.2","url":"\/60.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61849,"structure_id":15734,"section_number":"60.2-619","catch_line":"Determinations and decisions by deputy; appeals therefrom","url":"\/60.2-619\/","token":"60.2\/6\/5\/60.2-619","metadata":false},{"id":72790,"structure_id":15734,"section_number":"60.2-620","catch_line":"Hearing and decision on appeal","url":"\/60.2-620\/","token":"60.2\/6\/5\/60.2-620","metadata":false},{"id":74216,"structure_id":15734,"section_number":"60.2-621","catch_line":"Repealed","url":"\/60.2-621\/","token":"60.2\/6\/5\/60.2-621","metadata":false},{"id":60405,"structure_id":15734,"section_number":"60.2-622","catch_line":"Commission review","url":"\/60.2-622\/","token":"60.2\/6\/5\/60.2-622","metadata":false},{"id":77496,"structure_id":15734,"section_number":"60.2-623","catch_line":"Procedure generally; confidentiality of information","url":"\/60.2-623\/","token":"60.2\/6\/5\/60.2-623","metadata":false},{"id":70473,"structure_id":15734,"section_number":"60.2-623.1","catch_line":"Party's recording of hearing","url":"\/60.2-623.1\/","token":"60.2\/6\/5\/60.2-623.1","metadata":false},{"id":83117,"structure_id":15734,"section_number":"60.2-624","catch_line":"Witness expenses","url":"\/60.2-624\/","token":"60.2\/6\/5\/60.2-624","metadata":false},{"id":70615,"structure_id":15734,"section_number":"60.2-625","catch_line":"Judicial review","url":"\/60.2-625\/","token":"60.2\/6\/5\/60.2-625","metadata":false},{"id":68686,"structure_id":15734,"section_number":"60.2-626","catch_line":"Oaths and witnesses; subpoenas","url":"\/60.2-626\/","token":"60.2\/6\/5\/60.2-626","metadata":false},{"id":74885,"structure_id":15734,"section_number":"60.2-627","catch_line":"Failure to obey subpoenas; orders of court; penalty","url":"\/60.2-627\/","token":"60.2\/6\/5\/60.2-627","metadata":false},{"id":75907,"structure_id":15734,"section_number":"60.2-628","catch_line":"Protection against self-incrimination","url":"\/60.2-628\/","token":"60.2\/6\/5\/60.2-628","metadata":false},{"id":68069,"structure_id":15734,"section_number":"60.2-629","catch_line":"Redetermination of claims","url":"\/60.2-629\/","token":"60.2\/6\/5\/60.2-629","metadata":false},{"id":65249,"structure_id":15734,"section_number":"60.2-630","catch_line":"Authority to set aside or vacate determinations and decisions","url":"\/60.2-630\/","token":"60.2\/6\/5\/60.2-630","metadata":false},{"id":64014,"structure_id":15734,"section_number":"60.2-631","catch_line":"Repealed","url":"\/60.2-631\/","token":"60.2\/6\/5\/60.2-631","metadata":false}],"next_section":{"id":72790,"structure_id":15734,"section_number":"60.2-620","catch_line":"Hearing and decision on appeal","url":"\/60.2-620\/","token":"60.2\/6\/5\/60.2-620","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/60.2-619\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 203; in 1966, chapter 30; in 1968, chapter 738; in 1970, chapter 104; in 1972, chapter 692; in 1974, chapter 466; in 1976, chapter 708; in 1980, chapters 408 and 426; in 1982, chapter 363; in 1986, chapter 480; in 1995, chapter 515<\/a>; in 1997, chapter 202<\/a>; in 1999, chapter 79<\/a>; in 2013, chapter 771<\/a>; in 2022, chapters 668<\/a>, 716<\/a>, and 754<\/a>; in 2024, chapters 165<\/a>, 236<\/a>, 562<\/a>, 603<\/a>, 746<\/a>, and 772<\/a>.<\/p>","references":[{"id":79689,"section_number":"60.2-528.1","catch_line":"Charging of benefits relating to certain overpayments; penalty for pattern of failure to respond to requests for information","order_by":null,"url":"\/60.2-528.1\/"},{"id":72790,"section_number":"60.2-620","catch_line":"Hearing and decision on appeal","order_by":null,"url":"\/60.2-620\/"},{"id":77496,"section_number":"60.2-623","catch_line":"Procedure generally; confidentiality of information","order_by":null,"url":"\/60.2-623\/"},{"id":68069,"section_number":"60.2-629","catch_line":"Redetermination of claims","order_by":null,"url":"\/60.2-629\/"},{"id":65249,"section_number":"60.2-630","catch_line":"Authority to set aside or vacate determinations and decisions","order_by":null,"url":"\/60.2-630\/"}],"refers_to":[{"id":60322,"section_number":"60.2-121.1","catch_line":"Communications with parties","order_by":null,"url":"\/60.2-121.1\/"},{"id":79689,"section_number":"60.2-528.1","catch_line":"Charging of benefits relating to certain overpayments; penalty for pattern of failure to respond to requests for information","order_by":null,"url":"\/60.2-528.1\/"},{"id":81848,"section_number":"60.2-530","catch_line":"Benefit ratio","order_by":null,"url":"\/60.2-530\/"},{"id":66224,"section_number":"60.2-612","catch_line":"Benefit eligibility conditions","order_by":null,"url":"\/60.2-612\/"},{"id":61574,"section_number":"60.2-618","catch_line":"Disqualification for benefits","order_by":null,"url":"\/60.2-618\/"},{"id":70615,"section_number":"60.2-625","catch_line":"Judicial review","order_by":null,"url":"\/60.2-625\/"},{"id":68069,"section_number":"60.2-629","catch_line":"Redetermination of claims","order_by":null,"url":"\/60.2-629\/"}],"permalink":{"id":267935,"object_type":"law","relational_id":61849,"identifier":"60.2-619","token":"60.2\/6\/5\/60.2-619","url":"\/60.2-619\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/60.2-619\/","token":"60.2\/6\/5\/60.2-619","dublin_core":{"Title":"Determinations and decisions by deputy; appeals therefrom","Type":"Text","Format":"text\/html","Identifier":"\u00a7 60.2-619","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. A representative designated by the Commission as a deputy shall promptly examine the claim. The deputy shall only examine or consider in the claim review process information or evidence<\/span> from an employer or third party<\/span> if the deputy (i) has provided the claimant with a reasonable opportunity to review and respond to all potentially disqualifying issues<\/span> or conflicting or otherwise adverse material<\/span> facts<\/span> within such information or evidence<\/span>, (ii) has documented all material<\/span> responsive information received from the claimant pursuant to clause (i), and (iii) considers material<\/span> responsive information in the deputy’s evaluation of the claim. On the basis of the facts<\/span> found by him, the deputy shall either:\n\t\t\ta. 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\n\t\t\tb. Refer such claim or any relevant question to the Commission’s Administrative Law<\/span> Division’s Office of First Level Appeals<\/span> or to the Commission, which shall make its determination in accordance with the procedure described in \u00a7 60.2-620<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When the payment or denial of benefits will be determined by the provisions of subdivision A 2 of § 60.2-612<\/a>, the deputy shall promptly transmit his full finding<\/span> of fact<\/span> with respect to that subdivision to the Commission’s Administrative Law<\/span> Division’s Office of First Level Appeals<\/span>, which shall make its determination in accordance with the procedure described in § 60.2-620<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> (Effective until July 1, 2028) 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 that 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. 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<\/span> 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. When a question concerning continued eligibility for benefits arises, a determination shall be made as to whether it affects future weeks of benefits or only past weeks. With respect to future weeks, presumptive payment shall be made no later than 21 days after the issue<\/span> arises, regardless of the type of issue<\/span>. With respect to past weeks, presumptive payment shall be issued immediately, regardless of the type of issue<\/span>. Notice shall be given to individuals who receive payments under such presumption<\/span> that pending eligibility may affect their entitlement to the payment and may result in an overpayment that requires repayment. <\/i><\/a><\/p>

(Effective July 1, 2028) 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 that 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notice of determination upon a claim, the reasoning behind the decision, and a statement of case-specific facts<\/span> material<\/span> 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 determination that involves the application of the provisions of § 60.2-618<\/a>, 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<\/span>. 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<\/a>, 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 the deputy, the reasoning behind the decision, and a statement of case-specific facts<\/span> material<\/span> to the determination at any time which in any manner denies benefits to the claimant for one or more weeks. As used in this subsection, the reasoning behind the decision means an explanation in plain language of (i) the law<\/span> or regulation upon which the determination is based; (ii) the application of the law<\/span> to the material<\/span> information or evidence<\/span> obtained from the claimant, employer, or third party<\/span>; and (iii) the legal conclusion drawn from the application of the law<\/span> to such information or evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Such determination or decision shall be final unless the claimant or any such employing unit files an appeal<\/span> from such determination or decision within 30 calendar days after such notification was mailed or, if the party<\/span> elects to receive electronic communications pursuant to § 60.2-121.1<\/a>, electronically delivered to his last known address. 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<\/a>. The Commission shall issue<\/span> 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<\/span> on each monetary determination issued. Monetary ineligibility does not include an appeal<\/span> 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<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Benefits shall be paid promptly in accordance with a determination or redetermination under this chapter, or decision of the Commission’s Administrative Law<\/span> Division’s Office of First Level Appeals<\/span>, the Commission, or a reviewing court<\/span> under § 60.2-625<\/a> upon the issuance of such determination, redetermination, or decision, regardless of the pendency of the period to file an appeal<\/span> or petition<\/span> for judicial review that is provided in this chapter, or the pendency of any such appeal<\/span> 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 the Commission’s Administrative Law<\/span> Division’s Office of First Level Appeals<\/span> allowing benefits is affirmed<\/span> in any amount by the Commission, benefits shall continue to be paid until such time as a court<\/span> decision has become final so that no further appeal<\/span> can be taken. If an appeal<\/span> 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<\/a> only when, and as of the date on which, as the result of an appeal<\/span>, the courts<\/span> finally determine that the Commission should have awarded benefits to the claimant or claimants involved in such appeal<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATIONS AND DECISIONS BY DEPUTY; APPEALS THEREFROM (\u00a7 60.2-619)\n\nA. 1. A representative designated by the Commission as a deputy shall promptly\nexamine the claim. The deputy shall only examine or consider in the claim review\nprocess information or evidence from an employer or third party if the deputy\n(i) has provided the claimant with a reasonable opportunity to review and\nrespond to all potentially disqualifying issues or conflicting or otherwise\nadverse material facts within such information or evidence, (ii) has documented\nall material responsive information received from the claimant pursuant to\nclause (i), and (iii) considers material responsive information in the\ndeputy’s evaluation of the claim. On the basis of the facts found by him,\nthe deputy shall either:\n\t\t\ta. Determine whether or not such claim is valid, and if valid, the week with\nrespect to which benefits shall commence, the weekly benefit amount payable and\nthe maximum duration thereof; or\n\t\t\tb. Refer such claim or any relevant question to the Commission’s\nAdministrative Law Division’s Office of First Level Appeals or to the\nCommission, which shall make its determination in accordance with the procedure\ndescribed in \u00a7 60.2-620.\n\n 2. When the payment or denial of benefits will be determined by the provisions\n of subdivision A 2 of § 60.2-612, the deputy shall promptly transmit his\n full finding of fact with respect to that subdivision to the\n Commission’s Administrative Law Division’s Office of First Level\n Appeals, which shall make its determination in accordance with the procedure\n described in § 60.2-620.\n\nB. (Effective until July 1, 2028) Upon the filing of an initial claim for\nbenefits, the Commission shall cause an informatory notice of such filing to be\nmailed to the most recent 30-day or 240-hour employing unit of the claimant and\nall subsequent employing units, and any reimbursable employing units that may be\nliable for reimbursement to the Commission for any benefits paid. However, the\nfailure to furnish such notice shall not have any effect upon the claim for\nbenefits. If a claimant has had a determination of initial eligibility for\nbenefits under this chapter, as evidenced by the issuance of compensation or\nwaiting-week credit, payments shall continue, subject to a presumption of\ncontinued eligibility and in accordance with the terms of this subsection, until\na determination is made that provides the claimant notice and an opportunity to\nbe heard. When a question concerning continued eligibility for benefits arises,\na determination shall be made as to whether it affects future weeks of benefits\nor only past weeks. With respect to future weeks, presumptive payment shall be\nmade no later than 21 days after the issue arises, regardless of the type of\nissue. With respect to past weeks, presumptive payment shall be issued\nimmediately, regardless of the type of issue. Notice shall be given to\nindividuals who receive payments under such presumption that pending eligibility\nmay affect their entitlement to the payment and may result in an overpayment\nthat requires repayment.\n\n(Effective July 1, 2028) Upon the filing of an initial claim for benefits, the\nCommission shall cause an informatory notice of such filing to be mailed to the\nmost recent 30-day or 240-hour employing unit of the claimant and all subsequent\nemploying units, and any reimbursable employing units that may be liable for\nreimbursement to the Commission for any benefits paid. However, the failure to\nfurnish such notice shall not have any effect upon the claim for benefits.\n\nC. Notice of determination upon a claim, the reasoning behind the decision, and\na statement of case-specific facts material to the determination shall be\npromptly given to the claimant by delivering or by mailing such notice to the\nclaimant’s last known address. In addition, notice of any determination\nthat involves the application of the provisions of § 60.2-618, together\nwith the reasons therefor, shall be promptly given in the same manner to the\nmost recent 30-day or 240-hour employing unit by whom the claimant was last\nemployed and any subsequent employing unit which is a party. The Commission may\ndispense with the giving of notice of any determination to any employing unit,\nand such employing unit shall not be entitled to such notice if it has failed to\nrespond timely or adequately to a written request of the Commission for\ninformation, as required by § 60.2-528.1, from which the deputy may have\ndetermined that the claimant may be ineligible or disqualified under any\nprovision of this title. The deputy shall promptly notify the claimant of any\ndecision made by the deputy, the reasoning behind the decision, and a statement\nof case-specific facts material to the determination at any time which in any\nmanner denies benefits to the claimant for one or more weeks. As used in this\nsubsection, the reasoning behind the decision means an explanation in plain\nlanguage of (i) the law or regulation upon which the determination is based;\n(ii) the application of the law to the material information or evidence obtained\nfrom the claimant, employer, or third party; and (iii) the legal conclusion\ndrawn from the application of the law to such information or evidence.\n\nD. Such determination or decision shall be final unless the claimant or any such\nemploying unit files an appeal from such determination or decision within 30\ncalendar days after such notification was mailed or, if the party elects to\nreceive electronic communications pursuant to § 60.2-121.1, electronically\ndelivered to his last known address. Electronic delivery shall include\nconfirmation of receipt. For good cause shown, the 30-day period may be\nextended. A claim that the Commission has determined to be invalid because of\nmonetary ineligibility shall first be subject to review only upon a request for\nredetermination pursuant to § 60.2-629. The Commission shall issue a new\nmonetary determination as a result of such review, and such monetary\ndetermination shall become final unless appealed by the claimant within 30 days\nof the date of mailing. The Commission shall clearly set out the process for\nrequesting a redetermination and the process for filing an appeal on each\nmonetary determination issued. Monetary ineligibility does not include an appeal\non the effective date of the claim, unless the claimant has requested and\nreceived a redetermination of the monetary determination pursuant to §\n60.2-629.\n\nE. Benefits shall be paid promptly in accordance with a determination or\nredetermination under this chapter, or decision of the Commission’s\nAdministrative Law Division’s Office of First Level Appeals, the\nCommission, or a reviewing court under § 60.2-625 upon the issuance of such\ndetermination, redetermination, or decision, regardless of the pendency of the\nperiod to file an appeal or petition for judicial review that is provided in\nthis chapter, or the pendency of any such appeal or review. Such benefits shall\nbe paid unless or until such determination, redetermination, or decision has\nbeen modified or reversed by a subsequent redetermination or decision, in which\nevent benefits shall be paid or denied for weeks of unemployment thereafter in\naccordance with such modifying or reversing redetermination or decision. If a\ndecision of the Commission’s Administrative Law Division’s Office of\nFirst Level Appeals allowing benefits is affirmed in any amount by the\nCommission, benefits shall continue to be paid until such time as a court\ndecision has become final so that no further appeal can be taken. If an appeal\nis taken from the Commission’s decision, benefits paid shall result in a\nbenefit charge to the account of the employer under § 60.2-530 only when,\nand as of the date on which, as the result of an appeal, the courts finally\ndetermine that the Commission should have awarded benefits to the claimant or\nclaimants involved in such appeal.\n\nHISTORY: Code 1950, \u00a7 60-49; 1954, c. 203; 1966, c. 30; 1968, c. 738, \u00a7\n60.1-61; 1970, c. 104; 1972, c. 692; 1974, c. 466; 1976, c. 708; 1980, cc. 408,\n426; 1982, c. 363; 1986, c. 480; 1995, c. 515; 1997, c. 202; 1999, c. 79; 2013,\nc. 771; 2021, Sp. Sess. I, c. 539; 2022, cc. 668, 716, 754; 2024, cc. 165, 236,\n562, 603, 746, 772.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}