reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC5-5-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC5-5-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC5-5-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  at such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC5-5-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC5-5-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Town Hall and Commonwealth Calendar at least seven
					 working days prior to the date of the meeting. The exception to this
					 requirement is any meeting held in accordance with § 2.2-3707D of the Code
					 of Virginia allowing for contemporaneous notice to be provided to participants
					 and the public.
Statutory Authority
§§ 2.2-4007.02 and 60.2-111 of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC5-5-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC5-5-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 20 - UNEMPLOYMENT TAXES › Section 16VAC5-20-10 - Taxable employers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Taxes
				shall become due for all taxable employers on the last day of the month
				following the end of the calendar quarter for which they have accrued. This
				subsection shall not apply to reimbursable employers, including governmental
				entities and nonprofit organizations electing coverage under the provisions of
				§§ 60.2-501 through 60.2-507 of the Code of Virginia.
B. The first tax payment of an employer who
				becomes liable for taxes in any year shall become due on the next due date
				following the month in which he became subject to the Act. The first payment of
				such an employer shall include taxes for all wages payable for each employing
				unit from the first day of the calendar year.
C. Payment for each calendar quarter shall
				include taxes for wages payable in all pay periods (weekly, biweekly,
				semi-monthly, monthly) ending within such calendar quarter.
D. Upon written request of any employer filed
				with the commission on or before the due date of any tax payment, the
				commission for good cause may grant in writing an extension of time for the
				payment of such taxes, but (i) no extension of time shall exceed 30 days, (ii)
				no extension shall postpone payment beyond the last date for filing tax returns
				under the Federal Unemployment Tax Act, 26 USC §§ 3302 and 3306, and
				(iii) interest as provided in § 60.2-519 of the Code of Virginia shall be
				payable from the original due date as if no extension had been
				granted.
Statutory Authority
§ 60.2-111 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 20 - UNEMPLOYMENT TAXES › Section 16VAC5-20-20 - Reimbursable employers

Current through Register Vol. 40, No. 24, July 15, 2024
Reimbursable employers shall not be required to post a
				  bond.
Statutory Authority
§ 60.2-111 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 30 - VIRGINIA EMPLOYMENT COMMISSION REGULATIONS AND GENERAL RULES - BENEFITS [REPEALED] › Section 16VAC5-30-10 to 16VAC5-30-60 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 32 - REQUIRED RECORDS AND REPORTS › Section 16VAC5-32-10 - Employing unit records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				employing unit as defined under § 60.2-211 of the Code of Virginia, having
				services performed for it by one or more individuals in its employ, shall
				maintain records reasonably protected against damage or loss as hereinafter
				indicated and shall preserve such records. These records shall include for each
				worker:
1. A full legal name;
2. A social security account
				number;
3. The state in which his
				services are performed; and if any of such services are performed outside the
				Commonwealth of Virginia not incidental to the services within the Commonwealth
				of Virginia, his base of operations with respect to such services (or if there
				is no base of operations then the place from which such services are directed
				or controlled) and his residence (by state). Where the services are performed
				outside the United States, the country in which performed;
4. The date of hire, rehire, or return to
				work after temporary lay off;
5.
				The date when work ceased and the reason for such cessation;
6. Scheduled hours (except for workers
				without a fixed schedule of hours, such as those working outside their
				employer's establishment in such a manner that the employer has no record or
				definite knowledge of their working hours);
7.
a. Wages
				earned in any week by a partially employed individual as such individual is
				defined in 16VAC5-10-10;
b. Whether
				any week was in fact a week of less than full-time work;
c. Time lost, if any, by each such worker,
				and the reason therefor;
8. Total wages in each pay period, and the
				total wages payable for all pay periods ending in each quarter, showing
				separately (i) money wages, including tips and dismissal or severance pay, and
				(ii) the cash value of other remuneration;
9. Any special payments for service other
				than those rendered exclusively in a given quarter, such as annual bonuses,
				gifts, prizes, etc., showing separately (i) money payments, (ii) other
				remuneration, and (iii) nature of said payments;
10. Amounts paid each worker as advancement,
				allowance or reimbursement for traveling or other business expenses, dates of
				payment, and the amounts of expenditures actually incurred and accounted for by
				such worker;
11. Location in which
				the worker's services are performed within or outside of the United States and
				dates such services are performed outside of the United States. For the
				purposes of this subdivision, "United States" includes the Commonwealth of
				Virginia, including land and premises located therein, owned, held or possessed
				by the United States, the states of the United States of America, the District
				of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin
				Islands.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 32 - REQUIRED RECORDS AND REPORTS › Section 16VAC5-32-20 - Required reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				employer, as defined in § 60.2-210 of the Code of Virginia, shall report
				to the Virginia Employment Commission (commission) for each calendar quarter
				all the information concerning the number of workers subject to the Virginia
				Unemployment Compensation Act (the Act) (§ 60.2-100 et seq. of the Code of
				Virginia) and the total wages payable with respect to employment in all pay
				periods ending within each such quarter. Upon request, each such employer shall
				furnish the commission additional information revealing the wages earned by an
				individual in the individual's employment during the time between the last pay
				period for which wages were paid in any quarter and the end of such
				quarter.
B. Each employer shall
				report quarterly, not later than the last day of the month following the end of
				the calendar quarter, the following information in the format prescribed by the
				commission:
1. Employer's name, address, and
				any registration number assigned to the employer by the commission;
2. The quarterly period covered by the
				report;
3. The social security
				account numbers of the workers;
4.
				The full legal names of workers, with surnames last; and
5. Each worker's total wages paid for the
				quarter.
Such reports shall be submitted for each calendar quarter of
				  each year.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 32 - REQUIRED RECORDS AND REPORTS › Form - FORMS (16VAC5-32)

Current through Register Vol. 40, No. 24, July 15, 2024
Delinquent
				  Notice-Quarterly, T-COL-001 (rev. 4/2022)
Employer's
				  Quarterly Tax Report, T-FC20 (rev. 8/2018)
Voluntary
				  Election Notice, T-COL-009 (rev. 9/2021)
Report
				  to Determine Liability, T-FC-27 (rev. 10/2015)
Annual
				  Tax Rate Notice, T-RAT-001 (rev. 12/2021)
Combined
				  Amended Quarterly Tax and Wage Report, FC-34 (rev. 7/2012)
Partial
				  Transfer of Experience for Partial Acquisitions, T-MRG-007 (rev.
				  5/2022)
Waiver
				  of Experience Rate Transfer, T-MRG-001 (rev. 2/2021)
501(c)(3)
				  Voluntary Election Notice, T-REG-004 (rev. 2/2021)
Account
				  Registration Notice, T-REG-011 (rev. 2/2022)
Notice
				  to Appear in Lieu of Summons, T-COL-008 (rev. 3/2021)
Account
				  Update Notice, T-PRO-001 (rev. 11/2019)
Missing
				  Information Notice, T-PRO-002 (rev. 8/2020)
Statutory Authority: § 60.2-111 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 32 - REQUIRED RECORDS AND REPORTS › Form - FORMS (16VAC5-32)

Current through Register Vol. 40, No. 24, July 15, 2024
Delinquent
				  Notice-Quarterly, T-COL-001 (rev. 4/2022)
Employer's
				  Quarterly Tax Report, T-FC20 (rev. 8/2018)
Voluntary
				  Election Notice, T-COL-009 (rev. 9/2021)
Report
				  to Determine Liability, T-FC-27 (rev. 10/2015)
Annual
				  Tax Rate Notice, T-RAT-001 (rev. 12/2021)
Combined
				  Amended Quarterly Tax and Wage Report, FC-34 (rev. 7/2012)
Partial
				  Transfer of Experience for Partial Acquisitions, T-MRG-007 (rev.
				  5/2022)
Waiver
				  of Experience Rate Transfer, T-MRG-001 (rev. 2/2021)
501(c)(3)
				  Voluntary Election Notice, T-REG-004 (rev. 2/2021)
Account
				  Registration Notice, T-REG-011 (rev. 2/2022)
Notice
				  to Appear in Lieu of Summons, T-COL-008 (rev. 3/2021)
Account
				  Update Notice, T-PRO-001 (rev. 11/2019)
Missing
				  Information Notice, T-PRO-002 (rev. 8/2020)
Virginia
				  Employment Commission Notice to Workers, VEC B-29 (eff. 3/2024)
Statutory Authority: §§ 60.2-111 and 60.2-115 of
					 the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 40 - VIRGINIA EMPLOYMENT COMMISSION REGULATIONS AND GENERAL RULES - ADJUDICATION [REPEALED] › Section 16VAC5-40-10 to 16VAC5-40-40 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 42 - COMBINED EMPLOYER ACCOUNTS › Section 16VAC5-42-10 - Group accounts for employers

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applications for the establishment of
				a group account pursuant to the provisions of § 60.2-505 of the Code of
				Virginia shall show:
1. The name, address,
				and established account number of member employing units;
2. The name and address of the authorized
				group representative;
3. The
				signature of an authorized representative of each employing unit;
4. An authorization for the representative
				named by the group to act for the group.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 42 - COMBINED EMPLOYER ACCOUNTS › Section 16VAC5-42-20 - Joint accounts for governmental entities

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applications for the establishment of
				a joint account pursuant to the provisions of § 60.2-507 of the Code of
				Virginia shall show:
1. The name, address,
				and established account number of member employing units;
2. The name and address of the authorized
				joint representative;
3. The
				signature of an authorized representative of each employing unit;
4. An authorization for the representative
				named by the member units to act for the joint account.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 50 - EMPLOYER ELECTIONS TO COVER MULTISTATE WORKERS › Section 16VAC5-50-10 - Interstate Reciprocal Coverage Arrangement

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section shall govern the commission
				in its administrative cooperation with other states subscribing to the
				Interstate Reciprocal Coverage Arrangement pursuant to Title 60.2 of the Code
				of Virginia hereinafter referred to as "the Arrangement."
B. Submission and approval of coverage
				elections under the Interstate Reciprocal Coverage Arrangement is made as
				follows:
1. Any employing unit may file an
				election to cover under the law of a single participating jurisdiction all of
				the services performed for him by an individual who customarily works for him
				in more than one participating jurisdiction.
Such an election may be filed, with respect to an individual,
				  with any participating jurisdiction in which (i) any part of the individual's
				  services are performed, (ii) the individual has his residence, or (iii) the
				  employing unit maintains a place of business to which the individual's services
				  bear a reasonable relation.
2. The agency of the elected jurisdiction
				shall initially approve or disapprove the election.
If such agency approves the election, it shall forward a copy
				  thereof to the agency of each other participating jurisdiction specified
				  thereon under whose unemployment compensation law the individual or individuals
				  in question might, in the absence of such election, be covered. Each such
				  interested agency shall approve or disapprove the election, as promptly as
				  practicable, and shall notify the agency of the elected jurisdiction
				  accordingly.
In case its law so requires, any such interested agency may,
				  before taking action, require from the electing employing unit satisfactory
				  evidence that the affected employees have been notified of, and have acquiesced
				  in, the election.
3. If the
				agency of the elected jurisdiction or the agency of any interested jurisdiction
				disapproved the election, the disapproving agency shall notify the elected
				jurisdiction and the electing employing unit of its action and reasons
				therefor.
4. Such an election shall
				take effect as to the elected jurisdiction only if approved by its agency and
				by one or more interested agencies. An election thus approved shall take
				effect, as to any interested agency, only if it is approved by such
				agency.
5. In case any such
				election is approved only in part or is disapproved by some of such agencies,
				the electing employing unit may withdraw its election within 10 days after
				being notified of such action.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 60 - BENEFITS › Section 16VAC5-60-10 - Total and part-total unemployment

Current through Register Vol. 40, No. 24, July 15, 2024
A. An individual's
				week of total or part-total unemployment shall consist of the
				seven-consecutive-day period beginning with the Sunday prior to the first day
				the individual files a claim and registers for work, and, thereafter, the
				seven-consecutive-day period following any week of such unemployment. An
				initial claim may be filed by telephone, Internet, or by other means at the
				discretion of the commission.
B.
				Whenever an employing unit receives an Employer's Report of Separation and Wage
				Information correspondence electronically or by mail from the commission
				informing it that an individual has filed a claim for benefits, such employing
				unit shall, within 10 days from the date of notification, complete the report
				and return or submit it to the commission as directed. That portion of the
				Employer's Report of Separation and Wage Information to be completed by the
				employing unit shall set forth:
1. The date
				the worker began working;
2. The
				last day on which he actually worked;
3. The reason for separation;
4. Such other information as is required by
				such form. The employing unit's official name and account number, if any,
				assigned to such employing unit by the commission shall appear on the completed
				report;
5. The name and title of
				the official completing the report shall be provided as well as certification
				that the information contained in the report is accurate and complete to the
				best knowledge of that official.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 60 - BENEFITS › Section 16VAC5-60-30 - Disposition of benefit checks payable to a deceased claimant

Current through Register Vol. 40, No. 24, July 15, 2024
If a claimant has met the eligibility requirements of the
				  Act and completed all forms prescribed by the commission prior to his death,
				  upon proof thereof, the check(s) for all benefits due shall be payable to the
				  decedent's estate.
Statutory Authority
§ 60.2-111 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 60 - BENEFITS › Section 16VAC5-60-40 - Commission approval of training other than that under Section 134 of the Workforce Innovation and Opportunity Act or Section 2296 of the Trade Act

Current through Register Vol. 40, No. 24, July 15, 2024
A. Training shall
				be approved for an eligible claimant under the provisions of § 60.2-613 of
				the Code of Virginia only if the commission finds that:
1. Prospects for continuing employment for
				which the claimant is qualified by training and experience are minimal and are
				not likely to improve in the foreseeable future in the locality in which the
				claimant resides or is claiming benefits;
2. The proposed training course of
				instruction is vocational or technical training or retraining in schools or
				classes that are conducted as programs designed to prepare an individual for
				gainful employment in the occupation for which training is applicable. The
				training course shall require a minimum of 30 hours attendance each
				week;
3. The proposed training
				course has been approved by an appropriate accrediting agency or, if none
				exists in the state, the training complies with quality and supervision
				standards established by the commission, or is licensed by an agency of the
				state in which it is being given;
4. The claimant has the required
				qualifications and aptitude to complete the course successfully;
5. The training does not include programs of
				instruction which are primarily intended to lead toward a baccalaureate or
				higher degree from an institution of higher education.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 60 - BENEFITS › Form - FORMS (16VAC5-60)

Current through Register Vol. 40, No. 24, July 15, 2024
Instructions
				  to Partial Claimants, VEC-B-19 (rev. 9/2016)
Verification
				  of Offer of Continuing Employment, VEC-B-25 (rev. 6/2012)
Request
				  for Name Changes, VEC-B-41 (rev. 8/2012)
Continued
				  Claim for Benefits, VEC-B-3 (rev. 12/2011)
Notice
				  of Exhaustion, VEC-B-3a (rev. 3/2014)
VEC
				  Claim for Benefits, VEC-B-10 (rev. 8/2013)
Employer's
				  Report of Separation and Wage Information, B-10SEP (rev. 1/2013)
Request
				  for Physician's Certificate of Health, VEC-B-14 (rev. 6/2012)
Request
				  for Licensed Medical Professional's Certificate of Health, VEC-B-14A (rev.
				  6/2012)
Notice
				  of Benefit Year Ending (BYE), VEC-B-22, (filed 11/2022)
Notice
				  to Workers, VEC-B-29 (rev. 4/2015)
Monetary
				  Determination, VEC-B-30 (rev. 1/2013)
Notice
				  of Benefit Liability, VEC-B-30R (rev. 9/95)
Statement
				  of Partial Unemployment, VEC-B-31 (rev. 3/2014)
Notification
				  of Claim Filed for Benefits, VEC-B-32 (rev. 10/2015)
Verification
				  of Work Search Revised, VEC-B-36 (rev. 8/2013)
Unemployment
				  Benefits Tax Withholding, VEC- B-38 (rev. 9/2012)
Your Unemployment
				  Benefits Rights and Responsibilities (rev. 1/2016). (Although issued for
				  informational purposes only, this booklet contains some interpretative
				  material.)
Training
				  Certification, VEC-TB-1 (rev. 11/1972)
Notice
				  of Child Support Intercept Deduction, VEC-CSI-1 (rev. 2/2010)
Wage
				  Verification Request, VEC-BPC-65 (rev. 4/2016)
New
				  Hire Audit, VEC-BPC-65A (rev. 4/2016)
Claimant's
				  Statement Concerning Report of New Hire, VEC-BPC-66A (rev.
				  8/2013)
UI
				  Billing Statement, VEC-BPC-89-UI (rev. 11/2013)
Initial
				  Application for Disaster Unemployment Assistance, DUA-1 (rev.
				  1/1996)
Weekly
				  Request for DUA, DUA-3 (rev. 719/96)
Bi-weekly
				  Request for Allowances by Workers in Training - Trade Act of 1974, ETA 8-58A
				  (rev. 8/2013)
Claim
				  Cancellation Request (rev. 12/2014)
Notice
				  of Reemployment and Eligibility Assessment (REA) Interview (rev.
				  10/2015)
Statutory Authority: §§ 60.2-11 and 60.2-623 of
					 the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 70 - INTERSTATE AND MULTISTATE CLAIMANTS › Section 16VAC5-70-10 - Cooperative agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section
				shall govern the commission in its administrative cooperation with other states
				adopting a similar regulation for the payment of benefits to interstate
				claimants.
B. A week of
				unemployment for an interstate claimant shall consist of any week of
				unemployment as defined in the law of the liable state from which benefits with
				respect to such week are claimed.
C. Each interstate claimant shall be
				registered for work through any public employment office in the agent state
				when and as required by the law, regulations, and procedures of the agent
				state. Such registration shall be accepted as meeting the registration
				requirements of the liable state.
Each agent state shall duly report to the liable state in
				  question whether each interstate claimant meets the registration requirements
				  of the agent state.
D. If a
				claimant files a claim against any state and it is determined by such state
				that the claimant has available benefit credits in such state, then claims
				shall be filed only against such state as long as benefit credits are available
				in that state. Thereafter, the claimant may file claims against any other state
				in which there are available benefit credits. For the purposes of this chapter,
				benefit credits shall be deemed to be unavailable whenever benefits have been
				exhausted, terminated, or postponed for an indefinite period or for the entire
				period in which benefits would otherwise be payable or whenever benefits are
				affected by the application of a seasonal restriction.
E. Claims for benefits or a waiting period
				shall be filed by interstate claimants by Internet, telephone, or other such
				means as the commission may authorize.
Claims shall be filed in accordance with agent state
				  regulations for intrastate claims.
1.
				With respect to claims for weeks of unemployment in which an individual was not
				working for the individual's regular employer, the liable state shall, under
				circumstances which it considers good cause, accept a continued claim filed up
				to one week or one reporting period late. If a claimant files more than one
				reporting period late, an initial claim shall be used to begin a claim series
				and no continued claim for a past period shall be accepted.
2. With respect to weeks of unemployment
				during which an individual is attached to the individual's regular employer,
				the liable state shall accept any claim which is filed within the time limit
				applicable to such claims under the law of the agent state.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 70 - INTERSTATE AND MULTISTATE CLAIMANTS › Section 16VAC5-70-20 - Interstate cooperation

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section,
				approved by the Secretary of Labor pursuant to § 3304(a)(9)(B), Federal
				Unemployment Tax Act and adopted under § 60.2-609 of the Code of Virginia,
				shall govern the Virginia Employment Commission in its administrative
				cooperation with other states relating to the Interstate Arrangement for
				Combining Employment and Wages.
B.
				A claim for benefits shall be filed by a combined-wage claimant in the same
				manner as by a claimant who is eligible for benefits under the unemployment
				insurance law of the paying state. An initial combined-wage claim may be
				canceled if the cancellation request is made within the appeal period shown on
				the monetary determination. The request for cancellation must be submitted in
				writing. A combined wage claim can only be established if there are base period
				wages in the paying state.
C.
				Benefits, in all cases, shall be paid to a combined-wage claimant from the
				unemployment insurance fund of the paying state, and all benefit rights shall
				be determined by the paying state pursuant to its unemployment insurance
				law.
D. Wages paid by the paying
				state to a claimant during the paying state's applicable base period, including
				wages reported for that period by a transferring state as available for the
				payment of benefits under the arrangement, shall be included by the paying
				state in determining such claimant's benefit rights.
Wages, once they have been transferred and used in a
				  determination that established monetary eligibility for benefits in the paying
				  state, shall be unavailable for determining monetary eligibility for benefits
				  under the unemployment insurance law of the transferring state, except to the
				  extent that wages are usable for redetermination purposes.
E. Each state, with respect to any
				combined-wage claimant, in utilizing forms approved by the Interstate Benefit
				Payment Committee, shall:
1. When acting as
				the paying state, send to the claimant a copy of the initial determination,
				noting his rights to appeal.
2.
				When acting as the paying state, send to each transferring state a statement of
				the benefits chargeable to each state. This is done at the end of each quarter
				in which any benefits have been paid, and each statement shall include the
				benefits paid during such quarter as to each combined-wage claimant. The ratio
				of each charge to total benefits paid shall be equal to the ratio of the wages
				reported by the transferring state (and used in the monetary determination) to
				the total wages used in the determination.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 70 - INTERSTATE AND MULTISTATE CLAIMANTS › Form - FORMS (16VAC5-70)

Current through Register Vol. 40, No. 24, July 15, 2024
Initial
				  Interstate Claim, VEC 2025 IB-1 (rev. 6/2022)
Interstate
				  Request for Reconsideration of Monetary Determination/Wage Credits, VUIS IB-14
				  (rev. 9/2017)
Notice
				  of Wage Transfer Determination, VEC-CW-54 (rev. 7/2016)
Combined
				  Wage Claim Cancellation Request, VEC-CW-31 (rev. 3/1994)
Statutory Authority: §§ 60.2-111 and 60.2-623 of
					 the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 80 - ADJUDICATION › Section 16VAC5-80-10 - Deputy's determinations or decisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Whenever, after a
				claim is filed, a deputy obtains information from a claimant, employer, or
				third party that could affect the claimant's entitlement to benefits, the
				deputy shall initiate further investigation. The deputy may contact the parties
				to obtain information. Documentary evidence prepared specifically for the claim
				or for other purposes may be considered by the deputy. Any party to an
				investigation may be represented by counsel or a duly authorized
				representative. No information or evidence shall be considered by the deputy
				unless the claimant has been given the opportunity to see or hear it and
				comment upon it. Information concerning eligibility or qualification for
				benefits shall be entered into commission records.
B. A predetermination fact-finding proceeding
				may be conducted with a deputy when deemed necessary by the commission in order
				to resolve an outstanding issue on a claim.
The proceeding may be conducted telephonically with the
				  deputy presiding. This informal interview shall not be recorded in any way,
				  although notes can be taken by the deputy. Statements made by parties or
				  witnesses shall not be taken under oath and formal examination or
				  cross-examination shall not be permitted. The deputy shall direct questions to
				  the parties and witnesses. Rebuttal to statements made by opposing parties or
				  witnesses shall be permitted. Any party to a predetermination proceeding may be
				  represented by counsel or other duly authorized agent. The record of facts of
				  the proceeding shall become a part of the commission's records.
C. As soon as possible following
				the acquisition of facts necessary to make a determination or decision, either
				from the parties' submissions or from a predetermination proceeding, the deputy
				shall render a determination or decision in writing which shall include the
				effective date of any qualification or disqualification, the dates of any
				eligibility or ineligibility, the law or regulation upon which the
				determination or decision is based, and the reasons for the determination or
				decision, together with information concerning the filing of an appeal. This
				determination or decision shall be promptly delivered or mailed to the parties
				at their last known addresses or designated point of contact.
Statutory Authority: §§ 60.2-111 and 60.2-623 of
					 the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 80 - ADJUDICATION › Section 16VAC5-80-20 - First level appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The claimant, the
				claimant's liable employer, or any subsequent employing unit with a direct
				interest in an issue may appeal from an adverse deputy's determination or
				decision as specified in § 60.2-619 of the Code of Virginia.
1. Appeals shall be filed with the
				commission's Administrative Law Division's Office of First Level Appeals in one
				of the following ways:
a. In person at any
				agency service location, including workforce, adjudication, or one-stop centers
				or the commission's administrative office in Richmond, Virginia;
b. By mail to the Administrative Law
				Division's Office of First Level Appeals at the address specified on the
				deputy's determination or decision;
c. By facsimile transmission to the
				Administrative Law Division's Office of First Level Appeals at the facsimile
				number specified on the deputy's determination or decision;
d. By the Internet at a site or address
				specified by the commission; or
e.
				By an electronic format as prescribed by the commission.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 80 - ADJUDICATION › Section 16VAC5-80-30 - Commission review

Current through Register Vol. 40, No. 24, July 15, 2024
A. The claimant, the
				claimant's liable employer, or any subsequent employing unit with a direct
				interest in an issue may appeal from an adverse appeals examiner's decision as
				provided in § 60.2-620 of the Code of Virginia.
1. Appeals should be filed with the
				commission's Administrative Law Division's Office of Commission Appeals, in one
				of the following ways:
a. In person at any
				agency service location, including its workforce or adjudication centers,
				one-stop centers, or the commission's administrative office in Richmond,
				Virginia;
b. By mail to the
				Administrative Law Division's Office of Commission Appeals, at the address
				specified on the appeals examiner's decision;
c. By facsimile transmission to the
				Administrative Law Division's Office of Commission Appeals, at the facsimile
				number specified on the appeals examiner's determination or decision;
				or
d. By the Internet to the site
				or address specified by the commission.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 5 - VIRGINIA EMPLOYMENT COMMISSION › Chapter 80 - ADJUDICATION › Form - FORMS (16VAC5-80)

Current through Register Vol. 40, No. 24, July 15, 2024
Notice
				  of Telephonic Hearing Before an Appeals Examiner, A-FLA-028 (rev.
				  7/2012)
Notice
				  of In-Person Hearing Before an Appeals Examiner, A-FLA-028 (rev.
				  7/2012)
Notice
				  of First Level Appeals, A-FLA-002 (rev. 7/2012)
Notice
				  of Claims Filed During Labor Dispute, VEC-AE-15 (rev. 7/1970)
Notice
				  of Commission Appeals, A-CLA-025 (rev. 7/2012)
Notice
				  of Commission Hearing for Oral Argument, A-CLA-067 (rev.
				  12/2016)
Notice
				  of Commission Hearing for Additional Evidence, A-CLA-067 (rev.
				  12/2016)
Employer
				  Notice of Telephonic Fact Finding Interview, B-10EX (rev.
				  1/2015)
Claimant
				  Notice of Telephonic Fact Finding Interview, B-10EXP (rev.
				  7/2017)
Notice
				  of Deputy's Determination, VEC-54 (rev. 3/2010)
Notice
				  of Deputy's Determination - Overpayment, VEC-BPC-54 (eff.
				  5/2009)
Notice
				  of Deputy's Determination - Fraud, VEC-BPC-54F (rev.
				  9/2007)
Statutory Authority: §§ 60.2-111 and 60.2-623 of
					 the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 10 - GOVERNOR'S EMPLOYMENT AND TRAINING DEPARTMENT › Chapter 20 - JTPA (JOB TRAINING PARTNERSHIP ACT) REQUIREMENTS [REMOVED] › Section 16VAC10-20-10 to 16VAC10-20-460 - [Removed]

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 16VAC15-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Department of Labor and Industry. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 40.1-6(3) of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 16VAC15-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 40.1-6(3) of the Code of
						Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 16VAC15-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  16VAC15-11-30, the agency shall
				  send the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC15-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC15-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC15-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC15-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC15-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 40.1-6(3) of the Code of
						Virginia.