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WV Code § 21A-6B-4 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6B. Short Time Compensation Program|§21A-6B-4. Effective Date of Plan, Revocation of Plan, 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 commissioner, 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 12th full calendar month after its effective date or an earlier date mutually agreed upon by the employer and the commissioner. However, if a work sharing plan is revoked by the commissioner under subsection (b) of this section, the plan shall terminate on the date specified in commissioners written order of revocation. An employer may terminate a plan at any time upon written notice to the commissioner. Upon receipt of such notice from the employer, the commissioner 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 commissioner may revoke approval of a work sharing plan for good cause at any time, including upon the request of any of the affected units employees. The revocation order shall be in writing and shall specify the reasons for the revocation and the date the revocation is effective. The commissioner may periodically review the operation of each employers 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 commissioner. 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 commissioner 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 commissioner if the change is not substantial, but the employer shall report every change to the plan to the commissioner promptly and in writing.
WV Code § 21A-6B-5 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6B. Short Time Compensation Program|§21A-6B-5. 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 benefits, not otherwise disqualified for unemployment benefits, 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 employees 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, Pub. L. No. 113-128, 128 Stat. 1425 (2014) to enhance job skills that is approved by the commissioner.(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 employees remuneration as an employee in an affected unit is reduced based on a reduction of the employees 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.
WV Code § 21A-6B-6 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6B. Short Time Compensation Program|§21A-6B-6. 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 individuals usual weekly hours of work. (b) An individual may be eligible for short-time compensation or unemployment benefits, as appropriate: Provided, That no individual shall be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment benefits: Provided, however, That no individual shall be paid short-time compensation benefits for more than 26 weeks under a plan. (c) Provisions applicable to unemployment benefits claimants shall apply to short-time compensation claimants to the extent that they are not inconsistent with the programs 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 benefits shall be eligible for the amount of regular unemployment compensation to which he or she 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 benefits for that week subject to the disqualifying income and other provisions applicable to claims for regular unemployment benefits. (f) An employee who has received all of the short-time compensation or combined unemployment benefits 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.
WV Code § 21A-6B-7 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6B. Short Time Compensation Program|§21A-6B-7. Rulemaking

Workforce West Virginia shall promulgate and propose rules under 29A-3-1 et seq. of this code for implementing this article.
WV Code § 21A-7-1 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-1. Claims

Claims for benefit shall be made in accordance with the rules and regulations prescribed by the commissioner.
WV Code § 21A-7-2 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-2. Display of Regulations

An employer shall post and maintain in places readily accessible to individuals in his service the claim procedure regulations prescribed by the commissioner. At the time any such individual becomes unemployed, an employer shall furnish such individual with a copy of the regulations. The commissioner shall provide an employer copies of the regulations without cost.
WV Code § 21A-7-3 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-3. Deputies

The commissioner shall appoint deputies to investigate all claims, and to hear and initially determine all claims for benefits excepting claims relating to labor disputes or disqualification under subdivision four of section three, article six of this chapter.
WV Code § 21A-7-4 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-4. Investigation by Deputy; Notice and Hearing Before Deputy; Referral of Labor Dispute Claims for Hearing and Determination by Appeal Tribunal; Initial Determination of Other Claims by Deputy; Notice of Findings and Decision

(a) A deputy shall promptly investigate all claims.(b) Upon the filing of any claim for benefits, notice thereof shall promptly be given by the commissioner or his designee to the employer concerned, in writing. The employer shall have a period of four calendar days from the receipt of such notice within which to furnish to the deputy or his local office initial information respecting the claim and the facts and circumstances pertaining to the claimant's unemployment. If, within said four-day period, any party shall request a hearing before the deputy, such hearing shall be held, upon notice to all parties by the commissioner or his designee, either by delivery in person or by mail, within five calendar days of receipt of such request. Such hearing shall be informal in nature, but shall afford the parties reasonable opportunity to present, in person, information relevant to the eligibility and disqualification of the claimant.(c) If it appears from the deputy's investigation and from all of the information before him that a claim relates to a labor dispute or to a disqualification under subdivision (4), section three, article six of this chapter, the claim shall be transferred to the board for full hearing and initial determination by an appeal tribunal.(d) If it appears from the deputy's investigation, and from all of the information before him that a claim does not relate to a labor dispute or to a disqualification under subdivision (4), section three, article six of this chapter, the deputy shall determine whether or not such claim is valid, and, if valid, shall determine:(1) The week with respect to which benefits will commence;(2) The amount of benefit;(3) The maximum duration of benefits.(e) After any finding or determination by a deputy, the deputy shall promptly notify the claimant and the employer of his findings and decision.
WV Code § 21A-7-7 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-7. Appeal Tribunals

The board shall determine the manner of hearing cases transferred or appealed from a decision of a deputy. All cases relating to labor disputes or to disqualification under subdivision (4), section three, article six of this chapter, and transferred to an appeal tribunal for initial determination, shall be heard by an appeal tribunal composed either of three administrative law judges assigned by the board, or the board itself, as the board may direct in particular cases or in particular areas. All other appeals from the decision of a deputy shall be heard by an appeal tribunal composed, as the board may direct in particular cases or in particular areas, of a single administrative law judge; a tribunal of three administrative law judges assigned by the board; a member of the board; or the board itself.
WV Code § 21A-7-7a (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-7a. Hearings and Determinations by Appeal Tribunal in Labor Dispute Cases

Upon transfer to the board of a case relating to a labor dispute or to a disqualification under subdivision four, section three, article six of this chapter, for hearing and initial determination by an appeal tribunal, the parties shall be entitled to a full and complete hearing and opportunity to present evidence before an appeal tribunal as provided in section seven of this article. Within eight days after the transfer or referral of such a case to the board, the board shall fix the time and place for hearing such case, and notify the claimant, last employer, and the commissioner, ten days in advance of the date set for hearing. All such cases shall be heard and determined as expeditiously as possible and shall be given priority over all other cases. Upon consideration of all evidence the appeal tribunal shall make a decision with respect to all questions fairly raised by the record, within fourteen days after the date of the hearing, and shall notify the claimant, last employer, and the commissioner of its findings and decisions.
WV Code § 21A-7-8 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-8. Appeal From Deputy's Decision

A claimant, last employer or other interested party, may file an appeal from the decision of the deputy within eight calendar days after notice of the decision has been delivered or mailed to the claimant and last employer as provided in section four of this article. The period within which an appeal from the decision of the deputy may be filed shall be stated in such notice. The decision of the deputy shall be final and benefits shall be paid or denied in accordance therewith unless an appeal is filed within such time.Upon appeal from the determination of a deputy, an individual shall be entitled to a fair hearing and reasonable opportunity to be heard before an appeal tribunal as provided in section seven of this article.Within eight days after receipt by the board of notice of appeal from the decision of a deputy, the board shall fix the time and place for hearing such appeal, and notify the claimant, last employer, and the commissioner, ten days in advance of the date set for hearing.Upon consideration of all evidence the appeal tribunal shall make a decision within twenty-one days after the date of the hearing and shall notify the claimant, last employer, and the commissioner of its findings and decision.
WV Code § 21A-7-9 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-9. Appeal From Appeal Tribunal's Decision; Finality of Decision

A claimant, last employer, or other interested party may file an appeal to the board from the decision of an appeal tribunal within eight calendar days after notice of the decision has been delivered or mailed to the claimant and last employer. The commissioner shall be deemed an interested party. The decision of the appeal tribunal shall be final unless an appeal is filed within such time.
WV Code § 21A-7-10 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-10. Review by Board

The board may, on its own motion, after notice to the claimant, last employer, and the commissioner, eight days in advance of the date set for hearing, affirm, modify, or reverse and set aside a decision of an appeal tribunal. Any appeal from a decision of an appeal tribunal allowing benefits in a case relating to a labor dispute or to a disqualification under subdivision four, section three, article six of this chapter, shall be heard as expeditiously as possible and given priority over all other cases and shall be decided by the board within ten days after the hearing before the board.
WV Code § 21A-7-11 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-11. Benefits Pending Appeal

(a) Benefits found payable by decision of a deputy, appeal tribunal, the board or court shall be immediately paid up to the week in which a subsequent appellate body renders a decision, by order, finding that benefits were not or are not payable.(b) If, at any appeal stage, benefits are found to be payable which were found before the appeal stage to be not payable, the commissioner shall immediately reinstate the payment benefits. (c) If the final decision in any case determines that a claimant was not lawfully entitled to benefits paid to him or her pursuant to a prior decision, the amount of benefits paid are considered overpaid.(1) The commissioner shall recover such amount by civil action or in any manner provided in this code for the collection of past-due payment and shall withhold, in whole or in part, as determined by the commissioner, any future benefits payable to the individual and credit the amount against the overpayment until it is repaid in full.(2) The commissioner may not bill an employer under section three-a, article five of this chapter for overpaid amounts of benefits paid to a claimant. In any instance where the commissioner has billed an employer, the employer has paid the billed amount and the amount is determined under this section to be an overpayment, the commissioner shall reimburse the employer for the amount of the overpayment paid by the employer from the Unemployment Compensation Trust Fund, if allowed by federal law, and if not from the Administrative Fund: Provided, That no employer shall be entitled to any payment under this subdivision unless such employer has filed all requested adequate separation information within the required time frame.(d) If the final decision in any case determines that the claimant was not lawfully entitled to the benefits paid to him or her pursuant to a prior order any benefits paid pursuant to the prior order, are not chargeable to the employer's account.(e) Whenever the commissioner finds that a claimant has received back pay at his or her customary wage rate from his or her employer the employee is liable to repay the benefits, if any, paid to the individual for the time he or she was unemployed.(f) In any case in which, under this section, an employee is liable to repay benefits to the commissioner, the amount is collectible by civil action in the name of the commissioner.(g) Whenever an employer subject to this chapter is required to make a payment of back pay to an individual who has received unemployment compensation benefits during the same period covered by the back pay award, the employer shall withhold an amount equal to the unemployment compensation benefits and shall repay the amount withheld to the Unemployment Compensation Trust Fund. If an employer fails to comply with this section, the commissioner may recover from the employer the amount of unemployment compensation benefits which should have been withheld by a civil action.
WV Code § 21A-7-12 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-12. Quorum

All hearings before the board shall be before at least a quorum of its members.
WV Code § 21A-7-13 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-13. Board to Establish Regulations for Procedure

The board shall establish, and may from time to time modify and amend, rules and regulations for:(1) The conduct and determination of benefit cases appealed to it, or to an appeal tribunal;(2) The form of all papers and records thereof;(3) The time, place, and manner of hearings;(4) Determining the rights of the parties; and the rules need not conform to the common-law or statutory rules of evidence and procedure and may provide for the determination of questions of fact according to the predominance of the evidence.
WV Code § 21A-7-14 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-14. Records

The board shall keep full and complete records of all proceedings concerning a disputed claim. All testimony upon a disputed claim shall be recorded but need not be transcribed unless the claim is appealed.
WV Code § 21A-7-15 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-15. Notice of Decision

The board shall, within fifteen days after the conclusion of the hearing, notify the claimant, last employer, and the commissioner of its findings and decision on an appeal.
WV Code § 21A-7-16 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-16. Interested Parties Not to Decide Disputed Claims

A person interested in the determination of any disputed claim arising under this chapter shall not participate on behalf of the commissioner or the board in the determination thereof.
WV Code § 21A-7-17 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-17. Finality of Board's Decision -- Judicial Review

The decision of the board shall be final and benefits shall be paid or denied in accordance therewith, unless a claimant, last employer, or other interested party appeals to the circuit court of Kanawha county within thirty days after mailing of notification of the board's decision: Provided, That, in cases relating to a disqualification under subdivision (4) of section three of article six the decision of the board shall be final and benefits shall be paid or denied in accordance therewith, unless a claimant, last employer, or other interested party appeals to the circuit court of Kanawha county within twenty days after mailing of notification of the board's decision.Parties to the proceedings before the board shall be made defendants in any such appeal; and the commissioner shall be a necessary party to such judicial review.
WV Code § 21A-7-18 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-18. Claim Procedure Costs

Witness fees of subpoenaed witnesses shall be charged to the administration fund.
WV Code § 21A-7-19 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-19. Administrative Procedure to Be Exhausted

A person claiming an interest under the provisions of this article shall exhaust his remedies before the board before seeking judicial review.
WV Code § 21A-7-20 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-20. Board a Necessary Party to Judicial Action; Legal Counsel

The board shall be made a party to every judicial action which involves its decisions. The board may be represented in such actions by an attorney of the department or at the board's request, by the Attorney General.
WV Code § 21A-7-21 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-21. Weight Accorded Board's Findings of Fact

In a judicial proceeding to review a decision of the board, the findings of fact of the board shall have like weight to that accorded to the findings of fact of a trial chancellor or judge in equity procedure.
WV Code § 21A-7-23 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-23. Trial; Preference on Calendar

Except as limited by section twenty-one of this article, a decision of the board taken to the circuit court of Kanawha county for judicial review shall be tried as any other civil action: Provided, That such actions shall have preference on the calendar of the court over all other civil actions, except cases arising under the workers' compensation law.
WV Code § 21A-7-24 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-24. Exceptions; Appeal Bond

In any judicial proceeding arising under this chapter it shall not be necessary to enter exception to the rulings of the board and no bond shall be required for entering an appeal.
WV Code § 21A-7-25 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-25. Service of Process

Service in such action shall be upon the chairman of the board or such person as he may designate, and service upon him shall be treated as completed service upon all parties to the original dispute. With such service upon the board there shall be included a copy of the petition for review and as many additional copies as there are defendants, including the commissioner. The chairman of the board or such person as he may designate shall immediately upon receipt of service forward a copy of such service, including a copy of the petition for review, by registered mail to each defendant, including the commissioner.
WV Code § 21A-7-26 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 7. Claim Procedure|§21A-7-26. Certification and Filing of Record; Certification of Questions of Law

The board shall certify and file with the court all documents and papers and a transcript of all testimony taken in a disputed claim together with its findings of fact and decision thereon.Upon its own motion the board may also certify to the court questions of law involved in any of the board's decisions.