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2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1316. Furnishing data

§ 1316. Furnishing data
Upon request therefor, the Commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s rights to further benefits under this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1317. Railroad Retirement Board

§ 1317. Railroad Retirement Board
The Commissioner may make available to the Railroad Retirement Board such records relating to the administration of this chapter as that Board deems necessary for its purposes in administering the federal Railroad Unemployment Insurance Act and may furnish copies of such records to the Board at the latter’s expense. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1318. Reciprocal benefit arrangements

§ 1318. Reciprocal benefit arrangements
(a) The Commissioner is hereby authorized to enter into arrangements with the appropriate agencies of other states or the federal government whereby potential rights to benefits accumulated under the unemployment compensation laws of the several states or under such law of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the Commissioner finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the Fund, and the Commissioner is authorized to reimburse such state or federal agency for such benefits as may be paid by that agency upon the basis of wages received in employment subject to this chapter or to receive from such state or federal agency such amounts as may be paid from the Fund upon the basis of wages received in employment subject to the laws of such state or of the federal government.
(b) The Commissioner shall participate in any arrangements for the payment of compensation on the basis of combining an individual’s wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other states which are approved by the Secretary of Labor of the United States in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situation and which include provisions for:
(1) applying the base period of a single state law to a claim involving the combining of an individual’s wages and employment covered under two or more state unemployment compensation laws; and
(2) avoiding the duplicate use of wages and employment by reason of such combining.
(c) Reimbursements paid from the Fund pursuant to this section shall be deemed to be benefits for the purposes of this chapter, except that no charge on account of said reimbursements shall be made to an employer’s experience rating record under subsection 1325(a) of this title. Benefits paid from the Fund to an individual, under arrangements entered into pursuant to this section, shall not be charged to an employer’s experience rating record under subsection 1325(a) of this title when such benefits would not have been payable to the individual but for this section because of lack of wages in subject employment necessary to qualify for benefits under section 1338 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1969, No. 189 (Adj. Sess.), § 1, eff. April 9, 1970; 1971, No. 77, § 2, eff. Dec. 31, 1971.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1319. Agreements for collection and payment of contributions

§ 1319. Agreements for collection and payment of contributions
Notwithstanding the provisions of subdivision 1301(6)(A) of this title, the Commissioner is authorized to enter into reciprocal agreements with the appropriate agencies of other states or the federal government adjusting the collecting and payment of contributions by employers for services of individuals not performed wholly within the jurisdiction of this State. Under the agreements, services may be agreed to be considered for all purposes, in the Commissioner’s discretion, as wholly within or wholly outside of the jurisdiction of this State. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 2021, No. 20, § 221.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1322. Reports; liability

§ 1322. Reports; liability
(a) Every employer shall file with the Commissioner periodic reports on such forms and at such times as the Commissioner may prescribe to disclose his or her liability for contributions under this chapter.
(b) Every employer subject to this chapter who sells in bulk 50 percent or more of his or her assets, including any stock of goods, wares, or merchandise of any kind, fixtures, machinery, equipment, buildings, or real estate, when such sale constitutes the sale of the employer’s business to another shall give the Commissioner 10 days’ notice of the sale before the completion of the transfer of the property. The employer shall file all contribution reports with the Commissioner to the date of the proposed transfer of property and pay all contributions, interest, and penalties due and payable thereon. The employer shall also file the detailed quarterly wage report required by section 1314a of this title (subsequent to June 30, 1986) covering employee wages to date of proposed transfer. When the reports are filed the Commissioner shall furnish to the employer within 10 days thereafter a certificate showing that all reports have been filed and contributions, interest, and penalties paid to the date of the proposed transfer. If the certificate is not furnished by the Commissioner within 10 days no liability may thereafter be imposed upon the purchaser. The employer shall present the certificate to the purchaser of the property. The failure of the purchaser to require the certificate makes the purchaser liable to the Commissioner for the unpaid contributions, interest, and penalties owed by the employer in an amount not to exceed the reasonable value of the assets purchased. The liability imposed upon the purchaser by this subsection shall be secondary to the liability of the employer.
(c) Subsection (b) of this section shall not apply to sales made under any order of court or to any sales made by assignees for the benefit of creditors, executors, administrators, receivers, or any public officer in his or her official capacity or by any officer of the court or to any other transfer excepted under Uniform Commercial Code, 9A V.S.A. § 6-103.
(d) An employing unit which has been liable otherwise than by its election to pay contributions as an employer under this chapter for any calendar year shall file such reports and pay such contributions for the next succeeding calendar year as the Commissioner may prescribe. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1967, No. 226 (Adj. Sess.), § 1, eff. Jan. 17, 1968; 1985, No. 50, § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1322a. Out-of-state or nonresident subcontractors

§ 1322a. Out-of-state or nonresident subcontractors
Any contractor, who is or becomes an employer under the provisions of this chapter, who contracts with any out-of-state or nonresident subcontractor, who also is or becomes an employer under the provisions of this chapter, shall withhold sufficient monies on said contract to guarantee that all contributions, penalties, and interest are paid upon completion of said contract, or shall require of said subcontractor a good and sufficient bond guaranteeing payment of all contributions, penalties, and interest due or to become due with respect to wages paid for employment on said contract. Failure to comply with the provisions of this section shall render said contractor directly liable for such contributions, penalties, and interest due from said subcontractor and the Commissioner shall have all of the remedies of collection against said contractor under the provisions of this chapter as though the services in question were performed directly for said contractor. Any such contractor who shall become liable for and pay contributions with respect to individuals in the employ of any such subcontractor may recover the same from such subcontractor. For the purpose of this section, the words “contractor” and “subcontractor” mean and include individuals, partnerships, firms or corporations, or other associations of persons engaged in the business of construction, alteration, repairing, dismantling, or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks and towers, airports, dams, water wells, pipelines, and every other type of structure, project, development, or improvement coming within the definition of real property. (Added 1965, No. 115, eff. June 22, 1965.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1323. Termination of coverage; agreement by employee to make contribution

§ 1323. Termination of coverage; agreement by employee to make contribution
(a) An employing unit shall cease to be an employer subject to this chapter only as of the first day of January of any calendar year, if it files with the Commissioner, on or before March 31 next following, a written application for termination of coverage, and the Commissioner finds that such employing unit was not an employer during the preceding calendar year, but these requirements may be waived by the Commissioner for good cause.
(b) The Commissioner may terminate coverage of any employing unit on his or her own motion when he or she finds that the employing unit has not selected coverage in accordance with subdivision 1301(5)(E) of this title and:
(1) that the employing unit has not been an employer for the period of one year immediately preceding; or
(2) that the person who is the employing unit is deceased; or
(3) that the employing unit has ceased to employ at least one person within the State.
(c) Any agreement by an individual in his or her employ to pay the whole or any portion of the employer contributions required by this chapter shall be void and no employer shall make any deduction for such purpose from the wages or salary of any individual in his or her employ. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1969, No. 43.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1324. Rate of contribution

§ 1324. Rate of contribution
(a) For contribution rate years beginning prior to July 1, 1987, the standard rate of contributions shall be five and four-tenths percent. Each employer who has not been subject to this chapter for a sufficient period of time to have his or her rate computed under section 1326 of this title shall pay contributions at a rate, not exceeding five and four-tenths percent, that is the higher of (1) one percent or (2) that percent represented by rate class 11 in applicable rate schedule determined pursuant to section 1326 of this title, in effect with respect to the calendar quarter for which contributions are payable.
(b) For contribution rate years beginning July 1, 1987 and subsequent thereto:
(1) the standard rate of contributions shall be five and four-tenths percent;
(2) each employer who has not been subject to this chapter for a sufficient period of time to have the rate computed under section 1326 of this title shall pay contributions at the rate of one percent, except that foreign corporations classified in the three-digit North American Industry Classification System Code as 236, 237, or 238 shall pay contributions at a rate equal to the average rate as of the most recent computation date paid by all employers so classified. (Amended 1971, No. 77, § 4, eff. Dec. 31, 1971; 1977, No. 64, § 12, eff. Jan. 1, 1977; 1983, No. 124 (Adj. Sess.), § 1; 1987, No. 81; 2001, No. 56, § 3; 2003, No. 131 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1327. Rate, reduction, conditions

§ 1327. Rate, reduction, conditions
No employer’s contribution rate shall be reduced from five and four-tenths percent for any rate year, except as provided in section 1324 of this title, unless and until his or her experience-rating record has been chargeable with benefits throughout the three consecutive calendar years immediately preceding the rate year with respect to which said rate shall be reduced and contributions were payable by him or her with respect to such three calendar years; provided that an employer who has not been subject to the law for a period of time sufficient to meet this requirement may qualify for a reduced rate if his or her record has been chargeable with benefits throughout a lesser number of consecutive calendar years but in no event less than one calendar year immediately preceding the rate year with respect to which said rate shall be reduced and contributions were payable by him or her with respect to such period. (Amended 1963, No. 106, § 3; 1971, No. 77, § 5, eff. Dec. 31, 1971; 1983, No. 124 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1328. Filing employer quarterly tax contribution reports; failure

§ 1328. Filing employer quarterly tax contribution reports; failure
The Commissioner shall impose a penalty of $100.00 for each failure by an employer to file any contribution report required under section 1322 of this title on or before the date on which the report is due, which shall be collected in the manner provided for the collection of contributions in section 1329 of this title and shall be paid into the Contingent Fund provided in section 1365 of this title. If the employer demonstrates that its failure was due to a reasonable cause, the Commissioner may waive or reduce the penalty. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1963, No. 106, § 5; 1967, No. 178; 1985, No. 50, § 9; 1989, No. 132 (Adj. Sess.), § 5; 2009, No. 142 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1330. Assessment provided

§ 1330. Assessment provided
When any employer fails to pay any contributions or payments required under this chapter the Commissioner shall make an assessment of contributions against such employer together with interest and penalty thereon. After making the assessment, due notice shall be given thereof, by ordinary or certified mail, to the employer and the assessment shall be final unless the employer petitions for a hearing on such assessment within the time hereinafter specified. (Amended 1961, No. 210, § 7, eff. July 11, 1961; 1989, No. 8, § 1; 1989, No. 8, § 1; 1991, No. 82, § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1331. Notice; hearing

§ 1331. Notice; hearing
Any employer against whom an assessment is made may, within 30 days after date thereof, file with the Commissioner a petition for a hearing before a referee appointed for such purpose, which petition shall set forth specifically and in detail the grounds upon which it is claimed the assessment is erroneous. Hearing or hearings on the assessment shall be held by the referee at such times and places as may be provided by rules and regulations of the Board and due notice of the time and place of such hearing or hearings shall be given by ordinary or certified mail to the petitioner. After hearing as above provided, the petitioner shall be promptly notified by ordinary or certified mail of the findings of fact, conclusions, and decision of the referee. The decision of the referee shall be final unless the employer or Commissioner makes application for review thereof by the Board within 30 days after date thereof or unless the Board, on its own motion within said period, initiates a review thereof. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 8, eff. July 11, 1961; 1989, No. 8, § 2; 1991, No. 82, § 3.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1332. Review by board; Supreme Court appeal

§ 1332. Review by board; Supreme Court appeal
The Board, upon an application filed or on its own motion, within the time specified, shall, on notice to interested parties, review the decision of the referee. Before rendering its decision, the Board may order the taking of additional evidence by the referee or, in its discretion, the Board may hear additional evidence to be made a part of the record in the case. Upon the basis of evidence previously submitted in the case and such additional evidence as the Board may take or direct to be taken, the Board may affirm, modify, or reverse the findings and conclusions of the referee and shall render its decision thereon. The parties shall be promptly notified by ordinary or certified mail of the findings of fact, conclusions, and decision of the Board. The decision of the Board shall be final unless an appeal is taken therefrom to the Supreme Court. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 9, eff. July 11, 1961; 1971, No. 185 (Adj. Sess.), § 195, eff. March 29, 1972; 1989, No. 8, § 3; 1991, No. 82, § 4.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1334. Judgment; exception

§ 1334. Judgment; exception
(a) Any liability for contributions, payments, penalties, interest, and costs imposed under this chapter becomes, from the time the liability is due and payable, a debt of the liable employer or employing unit to the State for the benefit of the Unemployment Compensation Fund and the Contingent Fund to be recovered in a civil action.
(b) The Commissioner may file in the Superior Court for the county wherein the employer resides, or the Washington Superior Court if the employer is a nonresident, a certified copy of an assessment for contributions from which an appeal has not been taken within the time allowed therefor, whereupon such court after due notice to all parties interested, shall summarily render a final judgment in accordance therewith. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court, provided, however, there shall not be an appeal therefrom except on matters of law heard and determined in such court.
(c) When an assessment has been made under section 1330 of this title from which a timely appeal has not been taken or when any appeal taken has been finally determined under sections 1331 and 1332 of this title, the Commissioner may, as an additional or alternate remedy to other remedies and proceedings authorized by this chapter, issue a warrant directed to the sheriff of any county of this State. The warrant shall command the sheriff to levy upon and sell the real and personal property of any person liable for unpaid contributions, payments, interest, penalties, and costs due under this chapter, for payment of the amount due and the cost of executing the warrant, and to return the warrant to the Commissioner and to pay him or her the money collected by virtue of the warrant within 60 days after receipt of the warrant. The sheriff shall within five days after receipt of the warrant file with the county clerk a copy of the warrant, and the clerk shall then enter in the judgment docket the name of the person liable, the amount of the contributions, payments, interest, penalties, and costs for which the warrant is issued and the date when the copy is filed. The levy and sale shall be effected in the manner prescribed for levy of execution. If a warrant is returned not fully satisfied, the Commissioner may from time to time issue new warrants for the balance due in accordance with the procedure described hereinabove. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1977, No. 64, § 15.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1337. Adjustments and refunds

§ 1337. Adjustments and refunds
If not later than three years after the date on which any contributions or interest thereon became due, an employer who has paid such contributions or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the Commissioner shall determine that such payments or any portion thereof were erroneously collected, the Commissioner shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent payments by him or her, or if such adjustment cannot be made, shall refund said amount without interest from the fund. For like cause and within the same period, adjustment or refund may be so made on the Commissioner’s own initiative. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1997, No. 101 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1337a. Administrative determination; hearing on

§ 1337a. Administrative determination; hearing on
(a) Any employing unit aggrieved by an administrative determination affecting its rate of contributions, its rights to adjustment or refund on contributions paid, its coverage as an employer, or its termination of coverage may, within 30 days after date thereof, file with the Commissioner a petition for a hearing thereon, which petition shall set forth specifically and in detail the grounds upon which it is claimed the administrative determination is erroneous. Hearing or hearings on such petition shall be held by a referee appointed for such purpose, at such times and places as may be provided by rules of the Board, and due notice of the time and place of such hearing or hearings shall be given by ordinary or certified mail to the petitioner.
(b) After hearing as provided in subsection (a) of this section, the petitioner shall be promptly notified by ordinary or certified mail of the findings of fact, conclusions, and decision of the referee. The decision of the referee shall be final unless the employing unit or Commissioner makes application for review thereof by the Board within 30 days after date thereof or unless the Board, on its own motion within said period, initiates a review thereof. (Added 1961, No. 210, § 10, eff. July 11, 1961; amended 1965, No. 76, § 1, eff. May 26, 1965; 1989, No. 8, § 6; 1991, No. 82, § 6.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1338a. Disregarded earnings

§ 1338a. Disregarded earnings
(a) An individual shall be deemed “partially unemployed” in any week of less than full-time work if the wages earned by the individual with respect to such week are less than the weekly benefit amount the individual would be entitled to receive if totally unemployed and eligible. As used in this section, “wages” in any one week includes only that amount of remuneration to the nearest dollar that is in excess of 50 percent of the individual’s weekly wage.
(b) Notwithstanding subsection (a) of this section, an individual shall not be deemed to be “partially unemployed” if the individual performed less than full-time work only because there was a holiday in that week for which the individual was entitled to holiday pay. (Added 1959, No. 64, eff. March 31, 1959; amended 1967, No. 246 (Adj. Sess.), § 1, eff. Feb. 20, 1968; 1971, No. 70, eff. April 15, 1971; 1979, No. 120 (Adj. Sess.). § 8, eff. April 14, 1980; 1991, No. 62; 2001, No. 56, § 2; 2009, No. 124 (Adj. Sess.), § 4, eff. July 1, 2012; 2013, No. 173 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1339. Weekly benefit for partial unemployment

§ 1339. Weekly benefit for partial unemployment
Each eligible individual who is partially unemployed in any week shall be paid with respect to such week a partial benefit. Such partial benefit shall be an amount equal to the difference between his or her weekly benefit amount and his or her wages, as used in section 1338a of this title, for such week. (Amended 1981, No. 86, § 11, eff. May 10, 1981.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1340. Computation of benefits

§ 1340. Computation of benefits
(a) Except as provided in subchapter 2 of this chapter, the maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed the lesser of 26 times his or her weekly benefit amount or 46 percent of the total wages paid to the individual during his or her base period.
(b) An individual who is discharged by his or her last employing unit for misconduct connected with his or her work under subdivision 1344(a)(1)(A) of this title is limited to a maximum amount during the benefit year which is the lesser of the maximum amount determined under subsection (a) of this section or 23 times his or her weekly benefit amount, provided that the individual has not already received more than 23 weeks in his or her benefit year. (Amended 1959, No. 51, § 2; 1959, No. 107, § 2, eff. April 10, 1959; 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1963, No. 84, § 5; 1971, No. 1, § 1, eff. Oct. 11, 1970; 2009, No. 156 (Adj. Sess.), § E.401.3, eff. June 3, 2010; 2009, No. 124 (Adj. Sess.), § 5, eff. July 1, 2011.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1346. Claims for benefits; rules; notice

§ 1346. Claims for benefits; rules; notice
(a) Claims for benefits shall be made in accordance with rules adopted by the Board.
(b) Every person making a claim shall certify that he or she has not, during the week with respect to which waiting period credit or benefits are claimed, earned or received wages or other remuneration for any employment, whether subject to this chapter or not, otherwise than as specified in his or her claim. All benefits shall be paid in accordance with the rules adopted by the Board.
(c)(1) An employer shall post notice of how an unemployed individual can seek unemployment benefits in a form provided by the Commissioner in a place conspicuous to individuals performing services for the employer. The notice shall also advise individuals of their rights under the Domestic and Sexual Violence Survivor’s Transitional Employment Program, established pursuant to chapter 16A of this title. The Commissioner shall provide a copy of the notice to an employer upon request without cost to the employer.
(2) An employer shall provide an individual with notification of the availability of unemployment compensation at the time of the individual’s separation from employment. The notification may be based on model notification language provided by the U.S. Secretary of Labor. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1973, No. 155 (Adj. Sess.), § 1, eff. March 15, 1974; 2019, No. 85 (Adj. Sess.), § 19, eff. Feb. 20, 2020; 2019, No. 91 (Adj. Sess.), § 34, eff. March 30, 2020.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1348. Procedure

§ 1348. Procedure
(a) An authorized representative of the Commissioner shall pass upon each claim for benefits as provided in this chapter and shall, after such filing, promptly award such benefits as shall be found to be payable under the provisions of this chapter. Prompt notice in writing of the determination of such representative and reasons therefor in respect to such claim shall be given to the claimant, his or her last employer, all other interested parties, and the Commissioner. Any interested party may, within 30 days after notice thereof, file an appeal from the determination with an appeals referee employed by the Commissioner. Such appeal shall, after notice to the claimant, his or her last employer, and all other interested parties, be heard at a place as convenient to the parties as, in the judgment of the referee, is practical, within 30 days after such appeal is filed with the referee; after the hearing the determination shall be sustained, modified, or set aside by the referee as may be warranted. Prompt notice in writing of the decision of the referee and the reasons therefor shall be given.
(b) The authorized representative of the Commissioner may, for good cause, at any time within one year after date of the original determination, reconsider an award of benefits or the denial of a claim therefor, and may issue a redetermination which may award, terminate, continue, increase, or decrease such benefits. Such redetermination shall not affect any benefits paid before the date thereof under authority of the prior determination in the absence of nondisclosure or misrepresentation of a material fact. Prompt notice in writing of such redetermination and the reasons therefor shall be given to the claimant, his or her last employer, and all other interested parties any of whom shall have the same right to appeal and the same procedure shall be followed as provided for in case of appeal from the original determination. (Amended 1959, No. 117; 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1965, No. 66, eff. May 19, 1965; 1989, No. 8, § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1349. Appeals to Board; Supreme Court appeal

§ 1349. Appeals to Board; Supreme Court appeal
Within 30 days after date thereof, an interested party may appeal from the decision of the referee to the Board, by filing a written request therefor in the manner prescribed by regulations of the Board. The appeal shall be heard by the Board after notice to the claimant and his or her last employer, within a reasonable time after notice of the appeal is filed, and the Board may affirm, modify, or reverse the decision of the referee solely on the basis of evidence in the record transferred to it by the referee, or upon the basis of evidence in the record and such additional evidence as it may direct to be taken. Upon motion made by the Commissioner, a review may be initiated by the Board of a decision of the referee or a benefit determination. The Board shall make its findings of fact and conclusions thereon. Prompt notice of the findings of fact, ruling of law, conclusions, and decision of the Board shall be given as hereinabove provided. The decision shall be final unless an appeal to the Supreme Court is taken. Testimony given at any hearing upon a disputed claim shall be recorded, but the record need not be transcribed unless ordered. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 11, eff. July 11, 1961; 1971, No. 185 (Adj. Sess.), § 196, eff. March 29, 1972; 1989, No. 8, § 8.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1350. Interested party disqualified on behalf of Commissioner

§ 1350. Interested party disqualified on behalf of Commissioner
A person shall not participate on behalf of the Commissioner in any case in which he or she is an interested party. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1351. Procedure

§ 1351. Procedure
The manner in which disputed claims shall be presented and the conduct of hearings before the Commissioner, a referee, and the Board shall be governed by suitable rules and regulations established by the Board. The Commissioner, the referee, and the Board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure except as provided in this chapter, but may conduct a hearing or trial in such manner as to ascertain the substantial rights of the parties. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 12, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1352. Witnesses; fees

§ 1352. Witnesses; fees
In the discharge of his or her duties prescribed by this chapter, any member of the Board, a referee, and any authorized agent of the Commissioner shall have power to administer oaths, take depositions, certify to official acts, and by subpoena compel the attendance of witnesses and the production of books, papers, documents, and records, necessary and material to be used in connection with any disputed claim. Witnesses summoned by a member of the Board, a referee, or an agent of the Commissioner in proceedings within this section shall be paid the same fees as witnesses summoned to appear before a Criminal Division of the Superior Court in civil causes. Such fees shall be paid out of the Vermont Employment Security Board Administration Fund. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 13, eff. July 11, 1961; 1973, No. 249 (Adj. Sess.), § 75, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1353. Collateral use prohibited

§ 1353. Collateral use prohibited
Any determination, redetermination, finding of fact, conclusion of law, decision, final order, or final judgment entered or made by a claims adjudicator or other authorized representative of the Commissioner, an appeals referee, the Employment Security Board, or a court of competent jurisdiction in any type of proceeding under this chapter is binding only between the Department and all parties in that proceeding and is not binding, conclusive, or admissible in any separate or subsequent action between an individual and his or her present or former employer brought before an arbitrator, court, or judge of this State or of the United States, regardless of whether the prior proceeding was between the same or related parties or involved the same facts. (Added 1989, No. 132 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1356. Limitation of fees

§ 1356. Limitation of fees
An individual shall not be charged fees of any kind by the Commissioner or his or her representatives, a referee, or the Board in any proceeding under this chapter. An individual claiming benefits in any such proceeding may be represented by counsel or other authorized agent; but no such counsel or agents shall together charge or receive for such services from any individual more than 10 percent of the maximum benefits at issue in such proceedings or court action, except as the Board or the court may allow in exceptional circumstances. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 14, eff. July 11, 1961; 1965, No. 75, § 1, eff. May 26, 1965.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1357. Notices; form and service

§ 1357. Notices; form and service
Notices required under the provisions of this chapter, unless otherwise provided herein or by rules of court promulgated by the Supreme Court, shall be deemed sufficient if given in writing and delivered to the person entitled thereto by an agent of the Commissioner, or sent by ordinary or certified mail to the last address of the person appearing upon the records of the Commissioner. The manner of service shall be certified by the agent of the Commissioner making the service. Regardless of the manner of service, appeal periods shall commence to run from the date of the determination or decision rendered. In the event that a person to whom a notice has been sent files with the Commissioner within 60 days from date of said notice a sworn statement to the effect that the notice was not received, or if the Commissioner is satisfied that the addressee did not receive the notice, a new notice shall be sent to that person and the appeal period shall commence to run from the date on which the new notice is sent. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1971, No. 185 (Adj. Sess.), § 197, eff. March 29, 1972; 1987, No. 100, § 4; 1989, No. 8, § 9; 1991, No. 82, § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1358. Unemployment Compensation Fund; establishment and control

§ 1358. Unemployment Compensation Fund; establishment and control
There is hereby established as a special fund, to be kept separate and apart from all other public monies or funds of this State, an Unemployment Compensation Fund, which shall be administered by the Commissioner exclusively for the purposes of this chapter. This Fund shall consist of (1) all contributions collected under this chapter; (2) interest earned upon any monies in the Fund; (3) any property or securities acquired through the use of monies belonging to the Fund; (4) all earnings of such property or securities; (5) all money credited to this State’s account in the Unemployment Trust Fund pursuant to section 903 of the Social Security Act as amended; and (6) all other monies received for the Fund from any other source. All monies in the Fund shall be mingled and undivided. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1967, No. 190, § 1, eff. April 17, 1967.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1360. Treasurer

§ 1360. Treasurer
The Commissioner shall designate a treasurer of the Fund, who shall pay all vouchers duly drawn upon the Fund, in such manner as the Commissioner may prescribe. He or she shall have custody of all monies belonging to the Fund and not otherwise held or deposited or invested pursuant to this chapter. The treasurer shall give bond conditioned on the faithful performance of his or her duties as treasurer of the Fund in an amount specified by the Commissioner and approved by the Governor. All premiums upon bonds required pursuant to this section when furnished by an authorized surety company shall be paid from the Unemployment Compensation Administration Fund. The treasurer shall deposit the monies constituting the Fund, under the supervision and control of the Commissioner, according to the provisions of this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1361. Management of Funds upon discontinuance of Unemployment Trust Fund

§ 1361. Management of Funds upon discontinuance of Unemployment Trust Fund
The provisions of sections 1358-1360 of this title to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the Secretary of the Treasury continues to maintain for this State a separate book account of all Funds deposited therein by this State for benefit purposes, together with this State’s proportionate share of the earnings of such Unemployment Trust Fund, from which only the Commissioner of Labor is permitted to make withdrawals. If and when such Unemployment Trust Fund shall no longer be required by the laws of the United States to be maintained as aforesaid as a condition of approval of this chapter as provided in Title III of the Social Security Act, then all monies, properties, or securities therein, belonging to the Unemployment Compensation Fund of this State, shall be transferred to the treasurer of the Unemployment Compensation Fund, who shall hold, invest, transfer, sell, deposit, and release such monies, properties, or securities in a manner approved by the Commissioner and appropriate for trust funds, subject to all claims for benefits under this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1981, No. 66, § 5(b), eff. May 1, 1981; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1362. Unemployment Compensation Administration Fund

§ 1362. Unemployment Compensation Administration Fund
There is hereby created the Unemployment Compensation Administration Fund to consist of all monies received by the State or by the Commissioner for the administration of this chapter. This special fund shall be handled through the State Treasurer as other State monies are handled, but it shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administration of such chapter and its balance shall not lapse at any time but shall remain continuously available to the Commissioner for expenditures consistent herewith. All federal monies allotted or apportioned to the State by the Secretary of Labor, or other agency, for the administration of this chapter shall be paid into the Unemployment Compensation Administration Fund and are hereby appropriated to such Fund. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1363. Expenditures

§ 1363. Expenditures
All monies made available by or received by the State for the State employment service, as provided in chapter 15 of this title, shall be paid to and expended from the Unemployment Compensation Administration Fund, and a special employment service account shall be maintained for that purpose as a part of said Fund. For the purpose of establishing and maintaining free public employment offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this State or with any private, nonprofit organization, and as a part of any such agreement, the Commissioner may accept monies, services, or quarters as a contribution to the employment service account. (Amended 1959, No. 329 (Adj. Sess.). § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1364. Replacement

§ 1364. Replacement
This State shall replace any monies received after July 1, 1941, from the Secretary of Labor under Title III of the Social Security Act, any unencumbered balances in the Unemployment Compensation Administration Fund as of that date, any monies thereafter granted to this State pursuant to the provisions of the Wagner-Peyser Act, and any monies made available by the State or its political subdivisions and matched by such monies granted to this State pursuant to the provisions of the Wagner-Peyser Act, which the Secretary of Labor finds after reasonable notice and opportunity for hearing to the Commissioner have, because of any action or contingency, been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of this chapter. In the event that there are insufficient funds in the Contingent Fund as provided in section 1365 of this title, such monies shall be promptly replaced by monies appropriated for such purpose from the general funds of this State to the Unemployment Compensation Administration Fund for expenditure as provided in sections 1362 and 1363 of this title. The Commissioner shall promptly report to the Governor, and the Governor to the General Assembly, the amount required for such replacement. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1365. Contingent Fund

§ 1365. Contingent Fund
There is hereby created a special fund to be known as the Contingent Fund. All interest, fines, and penalties collected under the provisions of the unemployment compensation law after April 1, 1947, together with any voluntary contributions tendered as a contribution to this Fund, shall be paid into this Fund. Such monies shall not be expended or available for expenditures in any manner which would permit their substitution for, or a corresponding reduction in, federal funds which would in the absence of such monies be available to finance expenditures for the administration of the unemployment compensation law. But nothing in this chapter shall prevent such monies from being used as a revolving fund to cover expenditures, necessary and proper under the law for which federal funds have been duly requested but not yet received, subject to the charging of such expenditures against such funds when received. The monies in this Fund shall be used by the Commissioner for the payment of costs of administration which are found not to have been properly and validly chargeable against federal grants, or other funds, received for or in the Unemployment Compensation Administration Fund on or after January 1, 1947. No expenditure of the Fund shall be made unless and until the Commissioner finds that no other funds are available or can properly be used to finance such expenditures. The State Treasurer shall co-sign all expenditures from this Fund authorized by the Commissioner. The monies in this Fund are hereby specifically made available to replace, within a reasonable time, any monies received by this State pursuant to section 302 of the federal Social Security Act, as amended, which because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those necessary for the proper administration of the unemployment compensation law. The monies in this Fund shall be continuously available to the Commissioner for expenditure in accordance with the provisions of this section and shall not lapse at any time or be transferred to any other fund except as herein provided. Provided, however, that on December 31 of each year all monies in excess of $10,000.00 in this Fund shall be transferred to the Unemployment Compensation Fund. On or before March 31 of each year, an audit of this Fund will be completed and a report of that audit will be made public. In the event that a refund of interest, a fine, or a penalty is found necessary, and such interest, fine, or penalty has been deposited in the Contingent Fund, such refund shall be made from the Contingent Fund. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1983, No. 16, § 8, eff. April 4, 1983; 1985, No. 121 (Adj. Sess.), § 2, eff. April 16, 1986.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 17 - Unemployment Compensation › § 1367. Benefits not subject to assignment or trustee process

§ 1367. Benefits not subject to assignment or trustee process
Benefits which are due or may become due under this chapter shall not be assignable before payment, but this provision shall not affect the survival thereof; and when awarded, adjudged, or paid shall be exempt from all claims of creditors, and from levy, execution, attachment, and trustee process or other remedy now or hereafter provided for recovery or collection of debt. This exemption may not be waived.