dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-612.1. (Effective until July 1, 2028) Program integrity.
A. In order to verify that an individual is eligible to receive benefits, the Commission shall conduct all mandatory and recommended program integrity activities as identified by the U.S. Department of Labor Employment and Training Administration and the U.S. Department of Labor Office of Inspector General.

B. The Commission shall perform a full eligibility review of suspicious or potentially improper claims. In determining if a claim is suspicious or potentially improper, the Commission shall consider the factors utilized by the Integrity Data Hub and any additional factors that may be appropriate, including commonalities in physical addresses, mailing addresses, internet protocol addresses, email addresses, multi-factor authentication, and bank accounts.

C. The Commission shall recover improper overpayments of benefits as provided in § 60.2-633.

D. The Department of Social Services, the Department of Medical Assistance Services, and the Department of Housing and Community Development, upon receipt of notification that an individual enrolled in any of such department's public assistance programs has become employed, shall notify the Commission of such fact in order for the Commission to determine the individual's eligibility for benefits.

E. The Commission may enter into a memorandum of understanding with any state agency necessary to implement the provisions of this section.

F. The Commission shall report by December 1 of each year to the Commission on Unemployment Compensation addressing the implementation and enforcement of the provisions of this section. The report shall include:

1. The Commission's general program integrity processes, including tools, resources, and databases utilized, to the extent that sharing the information does not jeopardize program integrity measures;

2. A description of efforts to identify, prevent, and recover improper overpayments of benefits and fraudulent payments and measures being taken to improve such efforts;

3. The type and amount of improper payments detected retroactively;

4. The type and amount of improper payments prevented;

5. Moneys saved in preventing improper overpayments and, if any, in recouping improper overpayments; and

6. An explanation for the nonrecovery of overpayments, including the application of any allowable recovery exceptions.

2022, c. 740; 2024, cc. 746, 772.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-613. Benefits not denied to individuals in training with approval of Commission.
A. No otherwise eligible individual shall be denied benefits for any week because he is in training with the approval of the Commission, including training under § 134 of the Workforce Innovation and Opportunity Act, nor shall such individual be denied benefits for any week in which he is in training with the approval of the Commission, including training under § 134 of the Workforce Innovation and Opportunity Act, by reason of the application of the provisions in subdivision A 7 of § 60.2-612 relating to availability for work, or the provisions of subdivision 3 of § 60.2-618 relating to failure to apply for, or a refusal to accept, suitable work.

B. Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he is in training approved under § 2296 of the Trade Act (19 U.S.C. § 2101 et seq.), nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work.

C. For purposes of this section, "suitable employment" means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined for purposes of the Trade Act, and wages for such work at not less than 80 percent of the individual's average weekly wage as determined for the purposes of the Trade Act.

1971, Ex. Sess., c. 235, § 60.1-52.1; 1982, c. 237; 1984, c. 204; 1985, c. 152; 1986, c. 480; 1995, c. 436; 2000, c. 687; 2022, c. 668; 2024, cc. 562, 603.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-614. Service required during immediately preceding benefit year in which individual received benefits.
No individual may receive benefits in a benefit year unless, subsequent to the beginning of the immediately preceding benefit year during which he received benefits, he performed service for an employer as defined in § 60.2-210 for remuneration (i) during thirty days, whether or not such days were consecutive, or (ii) for 240 hours, and subsequently became totally or partially separated from such employment.

1971, Ex. Sess., c. 235, § 60.1-52.2; 1977, c. 445; 1981, c. 369; 1984, c. 458; 1986, c. 480; 1997, c. 202.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-616. Benefits based on services in connection with sports.
Benefits based on services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, shall not be paid to any individual for any week of unemployment which commences during the period between two successive sport seasons, or similar periods, if such individual performed such services in the first of such seasons, or similar periods, and there is a reasonable assurance that such individual will perform such services in the later of such seasons, or similar periods.

1977, c. 330, § 60.1-52.4:1; 1986, c. 480.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-617. Benefits denied to certain aliens.
A. Benefits shall not be paid on the basis of services performed by an alien unless such individual was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently and lawfully residing in the United States under color of law at the time such services were performed. The provisions of this subsection shall include aliens who were lawfully present in the United States as a result of the application of the provisions of § 1153 (a) (7) or § 1182 (d) (5) of the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.). Additionally, any modifications to the provisions of § 3304 (a) (14) of the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.) which specify other conditions or other effective dates than stated herein for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be deemed applicable under the provisions of this section.

B. Any data or information required of individuals claiming benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

C. In the case of an individual whose claim for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.

1977, c. 330, § 60.1-52.5:1; 1986, c. 480.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-620. Hearing and decision on appeal.
A. Appeals filed under § 60.2-619 shall be heard by the Commission's Administrative Law Division's Office of First Level Appeals. Such office, after affording the claimant and any other parties reasonable opportunity for a fair hearing, shall have jurisdiction to consider all issues with respect to the claim since the initial filing thereof. Such office shall affirm, set aside, reverse, modify, or alter the findings of fact and decision of the deputy, and may enter such order or decision with respect to the claim as such office finds should have been entered. However, no such order or decision shall affect benefits already paid except in accordance with the provisions of § 60.2-633.

B. The parties shall be duly notified of such office's decision, together with its reasons therefor, which shall be deemed to be the final decision of the Commission, unless within 30 days after the date of notification or mailing of such decision, further appeal is initiated pursuant to § 60.2-622. However, for good cause shown the 30-day period may be extended.

Code 1950, § 60-50; 1968, c. 738, § 60.1-62; 1976, c. 708; 1980, c. 426; 1986, c. 480; 1995, c. 515; 1999, c. 79; 2024, cc. 562, 603.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-621. Repealed.
Repealed by Acts 2024, cc. 562, 603, cl. 2, effective July 1, 2024.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-622. Commission review.
A. The Commission (i) may on its own motion affirm, modify, or set aside any decision of an appeals examiner on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence by an appeals examiner, or receive such evidence itself, or (ii) shall permit any of the parties to such decision to initiate further appeals before it. The Commission may remove to itself or transfer to another appeals examiner the proceedings on any claim pending before an appeals examiner. Any proceeding so removed to the Commission shall be heard in accordance with the requirements of § 60.2-620. The Commission shall promptly notify the interested parties of its findings and decision.

B. 1. Any decision of the Commission, upon a hearing on appeal, shall become final 10 days after the date of notification or mailing, and judicial review shall be permitted the claimant or any interested party claiming to be aggrieved. The Commission shall be deemed to be a party to any judicial action involving any such decision, and shall be represented in any such judicial action by the Office of the Attorney General.

2. Any such decision by the Commission involving (i) whether an employing unit constitutes an employer or (ii) whether services performed for or in connection with business of an employing unit constitute employment for such employing unit, from which no judicial review is had pursuant to subsections C and D of § 60.2-500, shall be conclusive in any subsequent judicial proceedings involving liability for taxes by the Commission against any employing unit which was a party to the proceedings held before the Commission.

C. The Commissioner shall have the power to designate a special examiner to hear appeals to the Commission under this section. The Commissioner may authorize and empower such special examiner to decide any appeal so heard, in which event the decision of the special examiner shall be the final decision of the Commission under this section, subject to judicial review under § 60.2-625.

Code 1950, § 60-52; 1968, c. 738, § 60.1-64; 1977, c. 445; 1986, c. 480; 1995, c. 515; 1996, c. 106; 2005, cc. 47, 91; 2024, cc. 562, 603.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-623. Procedure generally; confidentiality of information.
A. The manner in which disputed claims shall be presented, reports required from the claimant and from employers, the conduct of hearings and appeals before any deputy, appeals examiner, or the Commission, and transcripts prepared shall be in accordance with regulations prescribed by the Commission for determining the rights of the parties. Such regulations need not conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim shall be recorded, but need not be transcribed unless the disputed claim is further appealed and a timely request for a hearing before the Commission has been made in accordance with regulations prescribed by the Commission. In lieu of providing a transcript, and with the consent of all parties who participated in the hearing, the Commission may provide a digital or other electronic recording of the testimony taken at any hearing, which recording may be transmitted in any medium provided that the recording is protected from unauthorized interception by reasonable security measures.

B. Information furnished the Commission under the provisions of this chapter shall not be published or be open to public inspection, other than to public employees in the performance of their public duties. Neither such information, nor any determination or decision rendered under the provisions of § 60.2-619, 60.2-620 or 60.2-622, shall be used in any judicial or administrative proceeding other than one arising out of the provisions of this title; however, the Commission shall make its records about a claimant available to the Workers' Compensation Commission if it requests such records. The Commission may also, in its discretion, furnish copies of the transcript of hearings to any party.

C. Notwithstanding the provisions of subsection B, the Commission shall, on a reimbursable basis, furnish wage and unemployment compensation information contained in its records to the Secretary of Health and Human Services and Virginia's child support enforcement agency for their use as necessary for the purposes of the National Directory of New Hires established under § 453 (i) of the Social Security Act.

D. Notwithstanding the provisions of subsection B, the Commission shall, upon written request, furnish any agency or political subdivision of the Commonwealth such information as it may require for the purpose of collecting fines, penalties, and costs owed to the Commonwealth or its political subdivisions. Such information shall not be published or used in any administrative or judicial proceeding, except in matters arising out of the collection of fines, penalties, and costs owed to the Commonwealth or its political subdivisions.

Code 1950, § 60-53; 1968, c. 738, § 60.1-65; 1972, c. 764; 1986, c. 480; 1988, c. 766; 1994, c. 203; 1996, cc. 108, 130; 1997, c. 385; 1998, cc. 91, 745; 2012, c. 50; 2024, cc. 562, 603.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-623.1. Party's recording of hearing.
A. Any party to a compensation hearing of the Virginia Employment Commission may employ the use of a court reporter to record for transcription the proceeding, provided it is done at the party's own expense.

B. In the event the Commission's transcript of the proceeding is lost, damaged, or parts are missing, a transcript existing as a result of subsection A of this section may be used in addition to any full or partial Commission transcript.

1986, c. 129, § 60.1-65.1.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-624. Witness expenses.
Witnesses subpoenaed pursuant to this chapter shall be allowed expenses at a rate fixed by the Commission. Such expenses shall be deemed a part of the expense of administering this title.

Code 1950, § 60-54; 1968, c. 738, § 60.1-66; 1986, c. 480.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-625. Judicial review.
A. Within 30 days after the decision of the Commission upon a hearing pursuant to § 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 § 60.2-612 or § 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.

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.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-626. Oaths and witnesses; subpoenas.
In the discharge of the duties imposed by this title, the chairman of an appeal tribunal and any duly authorized representative or member of the Commission shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this title.

Code 1950, § 60-36; 1968, c. 738, § 60.1-41; 1986, c. 480.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-627. Failure to obey subpoenas; orders of court; penalty.
A. In case of contumacy by, or refusal to obey a subpoena issued to any person, any court of this Commonwealth within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which such person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission or its duly authorized representative, shall have jurisdiction to issue to such person an order requiring such person to appear before an appeal tribunal, a commissioner, the Commission, or its duly authorized representative, in order to produce evidence or to give testimony concerning the matter under investigation or in question. Any failure to obey such court order may be punished by the court as contempt.

B. Any person subpoenaed by the Commission who, without just cause, fails or refuses to attend and testify or to answer to any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, when it is within his power to do so, shall be guilty of a Class 1 misdemeanor.

C. Each day any violation of such court-issued subpoena, court order, or Commission-issued subpoena continues shall be deemed to be a separate offense.

Code 1950, § 60-37; 1968, c. 738, § 60.1-42; 1986, c. 480; 2020, c. 1261.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-628. Protection against self-incrimination.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commission in any cause or proceeding before the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

Code 1950, § 60-38; 1968, c. 738, § 60.1-43; 1986, c. 480.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-629. Redetermination of claims.
Notwithstanding any other provisions of this title, the Commission may, at any time within one year from the date the deputy's determination becomes final pursuant to § 60.2-619, redetermine any monetary determination issued by a deputy from which no appeal was taken by the claimant. Notice of any such redetermination shall be given promptly to the interested parties, and an appeal from such redetermination may be filed within the time and in the manner prescribed for an appeal from any original determination. If no such appeal is filed such redetermination shall be final. Any redetermination hereunder shall be limited to monetary determinations containing (i) an error in computation or (ii) newly discovered wages of the claimant pertinent to such determination.

Code 1950, § 60-56; 1968, c. 738, § 60.1-68; 1986, c. 480.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-630. Authority to set aside or vacate determinations and decisions.
The Commission may, in its discretion, at any time before a determination or decision becomes final pursuant to § 60.2-619 or 60.2-622, with good cause set aside or modify any such determination or decision.

1981, c. 74, § 60.1-68.1; 1986, c. 480; 2024, cc. 562, 603.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-631. Repealed.
Repealed by Acts 2024, cc. 562, 603, cl. 2, effective July 1, 2024.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-632. False statements, etc., to obtain or increase benefits.
Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, with intent to obtain or increase any benefit or other payment under this title, the unemployment compensation act of any other state, or any program of the federal government which is administered in any way under this title, either for himself or for any other person, shall be guilty of a Class 1 misdemeanor. Each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.

Code 1950, § 60-112; 1968, c. 738, § 60.1-129; 1970, c. 104; 1986, c. 480.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-634. Receiving back pay after reinstatement.
Whenever the Commission finds that a discharged employee has received back pay at his customary wage rate from his employer after reinstatement such employee shall be liable to repay any benefits paid to such person during the time he was unemployed. When such an employee is liable to repay benefits to the Commission, such sum shall be collectible without interest by civil action in the name of the Commission.

Code 1950, § 60-116; 1962, c. 138; 1968, c. 738, § 60.1-133; 1974, c. 466; 1986, c. 480.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-635. Deprivation of further benefits.
Any person who has been finally convicted under this chapter shall be deprived of any further benefits for the one-year period next ensuing after the date of conviction.

Code 1950, § 60-117; 1962, c. 138; 1968, c. 738, § 60.1-134; 1974, c. 466; 1986, c. 480.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-636. Penalty for fraudulent claim.
A. Any person who has been disqualified for benefits under subdivision 4 of § 60.2-618 and who, because of those same acts or omissions, has received any sum as benefits under this title to which the person is not entitled shall be assessed a penalty in an amount equal to 15 percent of the amount of the payment to which the person was not entitled. All penalties collected by the Commission shall be paid into the state treasury and credited to the clearing account of the Fund established pursuant to § 60.2-300. The penalty applies to an erroneous payment made under any state program providing for the payment of unemployment compensation as well as an erroneous payment made under any federal program providing for the payment of unemployment compensation. The notice of determination or decision advising the person that benefits have been denied or adjusted pursuant to subdivision 4 of § 60.2-618 shall include the reason for the finding of an erroneous payment, the penalty amount assessed under this section, and the reason the penalty has been applied.

B. The amount of the penalty assessed pursuant to this section may be collected in any manner allowed for the recovery of the erroneous payment. When a recovery with respect to an erroneous payment is made, any recovery shall be applied first to the principal of the erroneous payment, then to the penalty amount imposed under this section, and finally to any other amounts due.

2013, c. 771.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 6 (BENEFITS)
§ 60.2-637. Notice of penalties for false or misleading statements.
A. The Commission shall provide to each claimant notices of the sanctions to which the claimant is subject as a consequence of providing false or misleading statements to obtain unemployment benefits. The notices shall, at a minimum, (i) identify the penalties and sanctions to which any person is liable as a result of providing false or misleading statements to obtain benefits; (ii) inform the claimant that making a false statement or representation knowing it to be false or knowingly failing to disclose a material fact, with intent to obtain or increase any benefit or other payment under this title, is punishable as a Class 1 misdemeanor; and (iii) provide a summary of all remedies available to the Commission to collect overpayments made to a claimant as a result of his making false or misleading statements to obtain benefits.

B. The notices required by subsection A shall be included with the written statement advising claimants of their benefit rights and responsibilities that is provided by the Commission to claimants following the filing of the initial claim. In addition, the notices shall be provided to claimants at the time of the filing of initial and weekly claims by the same medium, including telephone or the Internet, that is used by the claimant to file his claim.

C. The failure of the claimant to receive any of the notices set out in subsection A shall not constitute a defense to any criminal prosecution for unemployment insurance fraud under § 60.2-632, to an administrative fraud disqualification under subdivision 4 of § 60.2-618, or to any overpayment of benefits under § 60.2-633 that the claimant would be required to repay as a result of the fraudulent act or acts.

2013, c. 740.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 7 (SHORT-TIME COMPENSATION PROGRAM)
§ 60.2-700. Expired.
Expired pursuant to Acts 2014, c. 818, cl. 5, effective July 1, 2016.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 7 (SHORT-TIME COMPENSATION PROGRAM)
§ 60.2-710. Repealed.
Repealed by Acts 2015, c. 709, cl. 2.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 7 (SHORT-TIME COMPENSATION PROGRAM)
§ 60.2-711. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Affected unit" means a specific plant, department, shift, or other definable unit of an employing unit that has at least two employees to which an approved short-time compensation plan applies.

"Health and retirement benefits" means employer-provided health benefits and retirement benefits under a defined benefit pension plan as defined in § 414(j) of the Internal Revenue Code or contributions under a defined contribution plan as defined in § 414(i) of the Internal Revenue Code that are incidents of employment in addition to the cash remuneration earned.

"Program" means the short-time compensation program established pursuant to this chapter.

"Short-time compensation" means the unemployment benefits payable to employees in an affected unit under an approved short-time compensation plan, as distinguished from the unemployment benefits otherwise payable under the unemployment compensation provisions of this title.

"Work sharing plan" or "plan" means a plan submitted by an employer to the Commission for approval to participate in the Program.

2020, c. 1261.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 7 (SHORT-TIME COMPENSATION PROGRAM)
§ 60.2-713. Approval and disapproval of plan.
The Commission shall approve or disapprove a work sharing plan in writing within 10 working days of its receipt and promptly communicate the decision to the employer. A decision disapproving the plan shall clearly identify the reasons for the disapproval. If a plan is disapproved, the employer may submit a different work sharing plan for approval.

2020, c. 1261.

Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 7 (SHORT-TIME COMPENSATION PROGRAM)
§ 60.2-714. Effective date, duration, and modification of plan.
A. A work sharing plan shall be effective on the date that is mutually agreed upon by the employer and the Commission, which shall be specified in the notice of approval to the employer. The plan shall expire on the date specified in the notice of approval, which shall be either the date at the end of the twelfth full calendar month after its effective date or an earlier date mutually agreed upon by the employer and the Commission. However, if a work sharing plan is revoked by the Commission under subsection B, the plan shall terminate on the date specified in the Commission's written order of revocation. An employer may terminate a plan at any time upon written notice to the Commission. Upon receipt of such notice from the employer, the Commission shall promptly notify each member of the affected unit of the termination date. An employer may submit a new application to participate in another plan at any time after the expiration or termination date.

B. The Commission may revoke approval of a work sharing plan for good cause at any time, including upon the request of any of the affected unit's employees. The revocation order shall be in writing and shall specify the reasons for the revocation and the date the revocation is effective. The Commission may periodically review the operation of each employer's plan to assure that no good cause exists for revocation of the approval of the plan. Good cause shall include failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of any criteria on which approval of the plan was based.

C. An employer may request a modification of an approved plan by filing a written request to the Commission. The request shall identify the specific provisions proposed to be modified and provide an explanation of why the proposed modification is appropriate for the plan. The Commission shall approve or disapprove the proposed modification in writing within 10 working days and promptly communicate the decision to the employer. An employer is not required to request approval of a plan modification from the Commission if the change is not substantial, but the employer shall report every change to the plan to the Commission promptly and in writing.

2020, c. 1261.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 7 (SHORT-TIME COMPENSATION PROGRAM)
§ 60.2-715. Eligibility for short-time compensation.
A. An employee is eligible to receive short-time compensation under a work sharing plan with respect to any week only if the employee is monetarily eligible for unemployment compensation, not otherwise disqualified for unemployment compensation, and:

1. During the week, the employee is employed as a member of an affected unit under an approved work sharing plan that was approved prior to that week, and the plan is in effect with respect to the week for which short-time compensation is claimed; and

2. Notwithstanding any other provisions of this title relating to availability for work and actively seeking work, the employee is available for the employee's usual hours of work with the short-time compensation employer, which may include, for purposes of this section, participating in training, including employer-sponsored training or training funded under the federal Workforce Innovation and Opportunity Act of 2014, to enhance job skills that is approved by the Commission.

B. Notwithstanding any other provision of law, an employee covered by a work sharing plan is deemed unemployed in any week during the duration of that plan if the employee's remuneration as an employee in an affected unit is reduced based on a reduction of the employee's usual weekly hours of work under an approved work sharing plan.

C. The short-term compensation program shall not serve as a subsidy of seasonal employment during the off-season, nor as a subsidy of temporary part-time or intermittent employment.

2020, c. 1261.
Code of Virginia — Title 60.2 (Unemployment Compensation), Chapter 7 (SHORT-TIME COMPENSATION PROGRAM)
§ 60.2-716. Benefits.
A. The short-time compensation weekly benefit amount shall be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the individual's usual weekly hours of work.

B. An individual may be eligible for short-time compensation or unemployment compensation, as appropriate, except that (i) no individual shall be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation and (ii) no individual shall be paid short-time compensation benefits for more than 26 weeks under a plan.

C. Provisions applicable to unemployment compensation claimants shall apply to short-time compensation claimants to the extent that they are not inconsistent with the Program's provisions. An individual who files an initial claim for short-time compensation benefits shall receive a monetary determination.

D. An employee who is not provided any work during a week by the short-time compensation employer, or any other employer, and who is otherwise eligible for unemployment compensation shall be eligible for the amount of regular unemployment compensation to which he would otherwise be eligible.

E. An employee who is not provided any work by the short-time compensation employer during a week, but who works for another employer and is otherwise eligible, may be paid unemployment compensation for that week subject to the disqualifying income and other provisions applicable to claims for regular compensation.

F. An employee who has received all of the short-time compensation or combined unemployment compensation and short-time compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits.

2020, c. 1261.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 1 (WAREHOUSE RECEIPTS)
§ 61.1-1. Issue of receipt for goods not received.
A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a misdemeanor, and shall be punished as provided in § 18.2-12.

Code 1950, § 61-53; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 1 (WAREHOUSE RECEIPTS)
§ 61.1-2. Issue of receipt containing false statement.
A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a misdemeanor, and shall be punished as provided in § 18.2-12.

Code 1950, § 61-54; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 1 (WAREHOUSE RECEIPTS)
§ 61.1-3. Issue of duplicate receipts not so marked.
A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word "Duplicate," except as otherwise provided by law, shall be guilty of a misdemeanor.

Code 1950, § 61-55; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 1 (WAREHOUSE RECEIPTS)
§ 61.1-4. Failure to state in receipt warehouseman's interest in goods.
Where there are deposited with or held by a warehouseman goods of which he is the owner, either solely or jointly in common with others, such warehouseman, or any of his officers, agents or servants, who knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided for misdemeanors generally in § 18.2-12.

Code 1950, § 61-56; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 1 (WAREHOUSE RECEIPTS)
§ 61.1-5. Delivery of goods without obtaining negotiable receipt.
A warehouseman, or any officer, agent or servant of a warehouseman, who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except as otherwise provided by law, be guilty of a misdemeanor, and upon conviction shall be punished as provided in § 18.2-12.

Code 1950, § 61-57; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 1 (WAREHOUSE RECEIPTS)
§ 61.1-6. Fraudulent negotiation of receipt for mortgaged goods.
Any person who deposits goods to which he has not title, upon which there is a lien or security interest, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive, and without disclosing his want of title or the existence of the lien or security interest, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in § 18.2-12.

Code 1950, § 61-58; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 2 (COLD-STORAGE WAREHOUSES [Repealed])
§ 61.1-7. Repealed.
Repealed by Acts 1988, c. 149.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 3 (REFRIGERATED LOCKER PLANTS [Repealed])
§ 61.1-22. Repealed.
Repealed by Acts 1972, c. 447.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-38. Establishment and discontinuance of warehouses.
Tobacco warehouses, which were public warehouses on the day before this Code takes effect, shall continue to be such; and the several circuit and corporation courts may hereafter authorize the erection of tobacco warehouses, or may establish the same, as public warehouses within their respective counties and cities; which warehouses shall be constructed, or shall have been constructed, so as to keep safely, and guard against fire and weather, as far as practicable, all tobacco stored therein, and shall be kept in good repair and at all times, Sunday excepted, be open for receiving, storing, selling and delivering tobacco; but the owner of any such warehouse shall have the right to discontinue the same as a public warehouse, after having published a notice of his intention to do so once a week for four successive weeks in some newspaper published in the county or city, wherein such warehouse is situated, or if no newspaper be published therein, after having posted such notice at the front door of the courthouse of such county or city for four successive weeks.

Code 1950, § 61-95; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-39. Weighing leaf tobacco; itemized statements furnished seller.
The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouse a bill plainly stating the amount charged for weighing and handling, the amount charged for auction fees, and the commission charged on such sale, or any other charges made for selling and handling such tobacco.

Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided in § 18.2-12.

Code 1950, § 61-108; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-40. Accounts of warehouse sales required.
The proprietor of each and every leaf tobacco warehouse doing business in this Commonwealth shall keep a correct account of the number of pounds of leaf tobacco sold upon the floor of his warehouse daily.

Code 1950, § 61-109; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-41. Monthly reports to Commissioner; results classified.
On or before the tenth day of each succeeding month the warehouse proprietors shall make a statement, under oath, of all the tobacco so sold upon the floor of his warehouse during the past month and shall transmit the statement, at once, to the Commissioner of Agriculture and Consumer Services. The reports so made shall be so arranged and classified as to show the number of pounds of tobacco sold for the producers of tobacco from first hand; the number of pounds sold for dealers and the number of pounds resold by the proprietor of the warehouse for his own account or for the account of some other warehouse.

Code 1950, § 61-110; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-42. Commissioner to keep record and publish in bulletin.
The Commissioner of Agriculture and Consumer Services shall cause such statement to be accurately copied into a book to be kept for this purpose and shall keep separate and apart the statements returned to him from each leaf tobacco market in the Commonwealth, so as to show the number of pounds of tobacco sold by each market for the sale of leaf tobacco; the number of pounds sold by producers, and the number of pounds resold upon each market. The Commissioner shall keep such books open to the inspection of the public, and shall, on or before the twentieth day of each month, after the receipt of the reports above required to be made to him on or before the tenth day of each month, cause the reports to be published in the bulletin issued by the Department of Agriculture and Consumer Services, and in one or more journals published in the interest of the growth, sale, and manufacture of tobacco in the Commonwealth, or having a large circulation therein.

Code 1950, § 61-111; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-43. Penalty for failure to report sales.
Any warehouse failing to make the report as required by § 61.1-40 shall be subject to a penalty of twenty-five dollars and the costs in the case, to be recovered by any person suing for same.

Code 1950, § 61-112; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-44. Manufactured tobacco; false branding.
If any person use, or permit to be used, on any cask, box or keg of manufactured tobacco, any brand or mark indicating a place or a manufacturer different from the place in which, or the manufacturer by whom, it was really manufactured, he shall be guilty of a misdemeanor and shall be punished as provided in § 18.2-12.

None of the provisions of this chapter, other than this section, shall be construed to apply to manufactured tobacco.

Code 1950, § 61-136; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-45. Nesting punished.
If any person nest a basket or parcel of tobacco with inferior tobacco, or other things, with intent to defraud the purchaser, he shall be guilty of a misdemeanor and shall be punished as provided in § 18.2-12.

Code 1950, § 61-137; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-46. Publication of insurance.
Every proprietor of a public tobacco warehouse shall keep posted in some conspicuous place upon the premises, a statement showing the amount of insurance he has on such warehouse, the companies in which the insurance has been effected, and the length of time the policies have to run.

Code 1950, § 61-141; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 4 (TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL)
§ 61.1-46.1. Maximum charges for tobacco auction warehouse services.
Notwithstanding any other provisions of law to the contrary, on and after July 1, 1970, no tobacco auction warehouse shall charge the grower for services rendered in the sale and handling of flue-cured tobacco any amount or sum in excess of the following:

(a) Warehouse charges: ten cents per 100 pounds or fraction thereof;

(b) Auction fee: twenty-five cents per basket and commission of 2 1/2 percent of the gross amount of each sale.

1970, c. 140.