                                 CODE OF VIRGINIA

ADVISORY OPINION BY THE COMMISSION (§ 60.2-536.2)

Upon application by an employer who is a party to a transfer or potential
transfer of any trade or business, the Commission shall issue an advisory
opinion as to whether such transfer constitutes a transfer pursuant to §
60.2-536.1, or is solely or primarily for the purpose of obtaining a lower
unemployment tax rate. The application shall be under oath or affirmation, in a
form prescribed by the Commission, and shall fully set forth all relevant facts
regarding the proposed transfer. The Commission may require such additional
information and documentary evidence as deemed necessary for a fair and informed
opinion. Such opinion shall be issued within 60 days after the Commission has
received all of the information and evidence requested. An employer who proceeds
with the transfer of a trade or business in reliance upon a favorable advisory
opinion issued under this section shall not subsequently be found to have
violated the provisions of § 18.2-204.3, and shall not be subject to the
penalties of § 60.2-536.3, provided such employer has made full disclosure of
all relevant facts to the Commission. If an employer disagrees with the
Commission&#8217;s advisory opinion, it shall have the right to a hearing and
decision pursuant to § 60.2-500, provided that an application for a hearing is
filed with the Commission within 30 days from the date the advisory opinion was
mailed.

HISTORY: 2005, cc. 47, 91.