                                 CODE OF VIRGINIA

UNEMPLOYMENT COMPENSATION OMBUDSMAN; ESTABLISHED; RESPONSIBILITIES (§
60.2-121.3)

A. The Commission shall create the Office of the Unemployment Compensation
Ombudsman (the Office) and shall appoint an Unemployment Compensation Ombudsman
to head the Office. The Unemployment Compensation Ombudsman shall provide
neutral educational information and assistance 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 (&#xA7;
60.2-600 et seq.) and (ii) any other matter related to unemployment compensation
under this title. Subject to annual appropriations, 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 of the Office shall carry out their duties with impartiality and
shall not serve as an advocate for any person or provide legal advice.

B. The Unemployment Compensation Ombudsman shall maintain data on inquiries
received related to the unemployment compensation process, the types of
assistance requested, and actions taken and the disposition of each such matter.
The Unemployment Compensation Ombudsman shall report information summarizing
this data, including outcomes of individual cases, without disclosing
individual-level identifying data, to the Commission at least once annually. The
Unemployment Compensation Ombudsman shall carry out any additional activities as
the Commission determines to be appropriate.

C. All memoranda, work products, and other materials contained in the case files
of the Unemployment Compensation Ombudsman and personnel of the Office shall be
confidential. Any 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 judicial or administrative proceeding except
where (i) a threat to inflict bodily injury is made; (ii) communications are
intentionally used to plan, attempt to commit, or commit a crime or conceal an
ongoing crime; (iii) a complaint is made against the Unemployment Compensation
Ombudsman or personnel of the Office by a person receiving assistance to the
extent necessary for the complainant to prove misconduct or the Unemployment
Compensation Ombudsman or personnel of the Office to defend against such
complaint; or (iv) communications are sought or offered to prove or disprove a
claim or complaint of misconduct or malpractice filed against the legal
representative of a person who received assistance from the Unemployment
Compensation Ombudsman or personnel of the Office. Confidential materials and
communications as described in this section are not subject to mandatory
disclosure under the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et
seq.).

D. 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.

HISTORY: 2022, cc. 716, 754.