HB 14

Abstract

Unemployment compensation; employer failure to respond to requests for information; claim determination; notice requirements. Provides that an employer's account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for each instance of untimely or inadequate employer response to such requests. The bill provides that upon the Commission's third determination, and for each subsequent determination, within the applicable review period that an employer failed to respond timely or adequately to such a request, the employer shall be considered to have waived all rights in connection with the claim, including participation and appeal rights. The bill requires a deputy examining a claim to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. The provisions of the bill have a delayed effective date of July 1, 2025. As introduced, this bill was a recommendation of the Commission on Unemployment Compensation. This bill is identical to SB 381.

Unemployment compensation; employer failure to respond torequests for information; claim determination; notice requirements. Provides that an employer's account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for each instance of untimely or inadequate employer response to such requests. The bill provides that upon the Commission's third determination, and for each subsequent determination, within the applicable review period that an employer failed to respond timely or adequately to such a request, the employer shall be considered to have waived all rights in connection with the claim, including participation and appeal rights. The bill requires a deputy examining a claim to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. As introduced, this bill was a recommendation of the Commission on Unemployment Compensation. 

Unemployment compensation; employer failure to respond torequests for information; claim determination; notice requirements.Provides that an employer's failure to respond timely or adequately to a writtenrequest for information relating to an unemployment claim results in a waiverof all of such employer's rights in connection with the claim, includingparticipation and appeal rights, unless such employer demonstrates that goodcause exists for such failure. The bill requires the Virginia EmploymentCommission to provide written notice for each instance of untimely orinadequate employer response to such requests and specifies that such noticemay be delivered through the Employer Self-Service Tax System websitemaintained by the Commission. The bill also requires the Commission to provideeach employer with information regarding deadlines for timely and adequateresponses to such requests. Such provisions of the bill apply to erroneouspayments established on or after July 1, 2024. The bill also prohibits a deputydesignated by the Commissioner to adjudicate unemployment claims from examiningor considering facts contained within an employer's untimely or inadequateresponse and requires that information or evidence from an employer or thirdparty must be shared with the claimant, who must also be provided a reasonableopportunity to review and respond to such information or evidence. The billrequires such deputy to provide the reasoning behind the decision, as describedin the bill, and a short statement of case-specific facts material to thedetermination together with any notice of determination upon a claim. This billis a recommendation of the Commission on Unemployment Compensation.