                                 CODE OF VIRGINIA

JUDICIAL REVIEW (§ 60.2-625)

A. Within 30 days after the decision of the Commission upon a hearing pursuant
to &#xA7; 60.2-622 has been mailed, any party aggrieved who seeks judicial
review shall commence an action in the circuit court of the county or city in
which the individual who filed the claim was last employed. In such action
against the Commission, the Commission and any other party to the administrative
procedures before the Commission shall be named a defendant in a petition for
judicial review. Such petition shall also state the grounds upon which a review
is sought; it shall be served upon a member of the Commission or upon such
person as the Commission may designate, and such service shall be deemed
completed service on all parties. There shall be left with the party so served
as many copies of the petition as there are defendants, and the Commission shall
forthwith mail one such copy to each such defendant. With its answer, the
Commission shall certify and file with the court all documents and papers and a
transcript of all testimony taken in the matter, together with its findings of
fact and decision therein. In any judicial proceedings under this chapter, the
findings of the Commission as to the facts, if supported by evidence and in the
absence of fraud, shall be conclusive, and the jurisdiction of the court shall
be confined to questions of law. Such actions and the questions so certified
shall be heard in a summary manner at the earliest possible date. An appeal may
be taken from the decision of the court to the Court of Appeals in conformity
with Part Five A of the Rules of Supreme Court and other applicable laws.

B. From any circuit court decision involving (i) the provisions of &#xA7;
60.2-612 or &#xA7; 60.2-618, (ii) whether an employing unit constitutes an
employer or (iii) whether services performed for or in connection with the
business of an employing unit constitute employment for such employing unit, the
Court of Appeals shall have jurisdiction to review such decision regardless of
the amount involved in any claim for benefits. It shall not be necessary, in any
proceeding under this chapter, to enter exceptions to the rulings of the
Commission or an appeals examiner, and no bond shall be required upon an appeal
to any court. Upon the final determination of such judicial proceeding, the
Commission shall administer the Unemployment Compensation Fund in accordance
with such determination.

C. The Commission shall have the right to appeal a decision of a circuit court
in any proceeding under this chapter.

HISTORY: 1980, c. 463, § 60.1-67.1; 1982, c. 24; 1984, c. 703; 1986, c. 480;
1987, c. 567; 1988, c. 766; 1996, c. 573; 2024, cc. 562, 603.