                                 CODE OF VIRGINIA

DETERMINATIONS AND DECISIONS BY DEPUTY; APPEALS THEREFROM (§ 60.2-619)

A. 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&#8217;s evaluation of 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 to the Commission&#8217;s
Administrative Law Division&#8217;s Office of First Level Appeals or to the
Commission, which 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 &#xA7; 60.2-612, the deputy shall promptly transmit his
   full finding of fact with respect to that subdivision to the
   Commission&#8217;s Administrative Law Division&#8217;s Office of First Level
   Appeals, which shall make its determination in accordance with the procedure
   described in &#xA7; 60.2-620.

B. (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.

(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. 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&#8217;s last known address. In addition, notice of any determination
that involves the application of the provisions of &#xA7; 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 &#xA7; 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. 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 &#xA7; 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 &#xA7; 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 &#xA7;
60.2-629.

E. Benefits shall be paid promptly in accordance with a determination or
redetermination under this chapter, or decision of the Commission&#8217;s
Administrative Law Division&#8217;s Office of First Level Appeals, the
Commission, or a reviewing court under &#xA7; 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&#8217;s Administrative Law Division&#8217;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&#8217;s decision, benefits paid shall result in a
benefit charge to the account of the employer under &#xA7; 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.

HISTORY: Code 1950, § 60-49; 1954, c. 203; 1966, c. 30; 1968, c. 738, §
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.