                                 CODE OF VIRGINIA

RECORDS AND REPORTS (§ 60.2-114)

A. Each employing unit shall keep true and accurate work records, containing
such information as the Commission may prescribe. Such records shall be open to
inspection and be subject to being copied by the Commission or its authorized
representatives at any reasonable time and as often as may be necessary. The
Commission may require from any employing unit any sworn or unsworn reports,
with respect to persons employed by it, which the Commission deems necessary for
the effective administration of this title. Information thus obtained shall not
be published or be open to public inspection, other than to public employees in
the performance of their public duties, in any manner revealing the employing
unit&#8217;s identity, except as the Commissioner or his delegates deem
appropriate, nor shall such information 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&#8217; Compensation Commission if it requests such records.
However, any claimant at a hearing before an appeal tribunal or the Commission
shall be supplied with information from such records to the extent necessary for
the proper presentation of his claim. Notwithstanding other provisions of this
section, the Commissioner, or his delegate, may, in his discretion, reveal
information when such communication is not inconsistent with the proper
administration of this title.

B. Notwithstanding the provisions of subsection A, 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 the
Division of Child Support Enforcement of the Department of Social Services for
their use as necessary for the purposes of the National Directory of New Hires
established under &#xA7; 453(i) of the Social Security Act.

C. Notwithstanding the provisions of subsection A, the Commission shall, upon
written request, furnish:

   1. Any agency or political subdivision of the Commonwealth, or its designated
   agent, 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   Such information shall not be published or used in any administrative or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;

   2. The Virginia Economic Development Partnership Authority such information as
   it may require to facilitate the administration and enforcement by the
   Authority of performance agreements with businesses that have received
   incentive awards. Any information provided to the Authority under this
   subdivision shall be confidential pursuant to 20 C.F.R. Part 603 and shall
   only be disclosed to members of the Authority who are public officials or
   employees of the Authority for the performance of their official duties. No
   public official or employee shall redisclose any confidential information
   obtained pursuant to this subdivision to nonlegislative citizen members of the
   Authority or to the public. Any information so provided shall be used by the
   Authority solely for the purpose of verifying employment and wage claims of
   those businesses that have received incentive awards;

   3. (Expires July 1, 2027) An arresting official such information as he may
   require to comply with the provisions of &#xA7; 19.2-83.1. Such information
   shall not be published or used in any administrative or judicial proceeding;
   and

   4. The Virginia Port Authority such information as it may require to
   facilitate the administration and enforcement by the Authority of performance
   agreements with businesses that have received incentive awards. Any
   information provided to the Authority under this subdivision shall be
   confidential pursuant to 20 C.F.R. Part 603 and shall only be disclosed to
   members of the Authority who are public officials or employees of the
   Authority for the performance of their official duties. No public official or
   employee shall redisclose any confidential information obtained pursuant to
   this subdivision to nonlegislative citizen members of the Authority or to the
   public. Any information so provided shall be used by the Authority solely for
   the purpose of verifying employment and wage claims of those businesses that
   have received incentive awards.

D. Each employing unit shall report to the Virginia New Hire Reporting Center
the employment of any newly hired employee in compliance with &#xA7; 63.2-1946.

E. Any member or employee of the Commission and any member, employee, or agent
of any agency or political subdivision of the Commonwealth who violates any
provision of this section shall be guilty of a Class 2 misdemeanor.

HISTORY: Code 1950, § 60-35; 1968, c. 738, § 60.1-40; 1972, c. 764; 1986, c.
480; 1988, c. 766; 1993, cc. 246, 806; 1996, c. 220; 1997, c. 385; 1998, cc. 91,
108, 745; 2003, c. 721; 2013, c. 329; 2017, cc. 804, 824; 2023, cc. 282, 283;
2024, c. 215.