Va. Code § 60.2-100
Short title
This title shall be known and may be cited as the "Virginia Unemployment Compensation Act."
Code of Virginia Title 60.2 — Unemployment Compensation
Virginia · statute · Va. Code tit. 60.2 · 170 active provisions
Va. Code § 60.2-101
Disclosure of social security account number
The Commission shall continue to require disclosure of the social security account number of any individual for any purpose relating to a claim for benefits and for any purpose relating to the provision of employment or employment-related services, including verification of the identity of any individual. Additionally,…
Va. Code § 60.2-102
Limitations on payment of benefits; nonliability of Commonwealth and Commission
Benefits shall be deemed to be due and payable under this title only to the extent provided in this title and to the extent that moneys are available to the credit of the Unemployment Compensation Fund. Neither the Commonwealth nor the Commission shall be liable for any amount in excess of such sums.
Va. Code § 60.2-103
Contingencies affecting operation of title
A. In the event that Chapter 23 of the Internal Revenue Code (26 U.S.C. § 3301 et seq.) is repealed, amended or otherwise changed by the Congress of the United States, or is finally adjudged invalid or unconstitutional by the Supreme Court of the United States, with the result that no portion of the taxes required by t…
Va. Code § 60.2-104
Reservation of right to amend or repeal
The General Assembly reserves the right to amend or repeal all or any part of this title at any time. There shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this title or by acts done pursuant thereto shall exist subject to the power o…
Va. Code § 60.2-105
Publication and distribution of law, regulations, etc
The Commission shall cause to be readily available for distribution to the public the text of this title, the Commission's regulations and general rules, its annual reports to the Governor, and any other material the Commission deems relevant and suitable. The Commission shall furnish these materials to any person upon…
Va. Code § 60.2-106
Employer to post and maintain posters
Each employer shall post and maintain in places readily accessible to individuals in its services all such posters related to unemployment insurance as furnished it by the Commission.
Va. Code § 60.2-107
Waiver of rights void
Any agreement other than an agreement made pursuant to § 60.2-608 by an individual to waive, release or commute his rights to benefits or any other rights under this title shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's taxes, required und…
Va. Code § 60.2-108
The Commission; appointment, term of office and compensation of Commissioner
The Virginia Employment Commission shall consist of one Commissioner, who shall be appointed by the Governor for a term of four years, subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. Appointments to fill vacancies…
Va. Code § 60.2-109
Bond of Commissioner
The Commissioner shall be bonded in accordance with § 2.2-1840 , conditioned upon the faithful discharge of his duties.
Va. Code § 60.2-111
Duties and powers of Commission; reporting requirements
A. It shall be the duty of the Commission to administer this title. The Commission may establish separate divisions as necessary to carry out the duties and powers prescribed by this section. It shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expe…
Va. Code § 60.2-114
Records and reports
A. Each employing unit shall keep true and accurate work records, containing such information as the Commission may prescribe. Such records shall be open to inspection and be subject to being copied by the Commission or its authorized representatives at any reasonable time and as often as may be necessary. The Commissi…
Va. Code § 60.2-114.01
Furnishing information to consumer reporting agencies
A. Notwithstanding the provisions of subsection A of § 60.2-114 , the Commission shall be authorized to enter into agreements with any consumer reporting agency pursuant to which the consumer reporting agency is provided secure electronic access to information contained in quarterly wage reports submitted to the Commis…
Va. Code § 60.2-115
State-federal cooperation
A. In the administration of this title, the Commission shall cooperate with the United States Department of Labor to the fullest extent consistent with the provisions of this title. The Commission shall make such reports, in such form and containing such information as the United States Department of Labor may require,…
Va. Code § 60.2-116
Reciprocal agreements
A. Subject to the approval of the Governor, the Commission is hereby authorized to enter into arrangements with the appropriate agencies of other states or the federal government whereby individuals performing services in this and other states for a single employing unit under circumstances not specifically provided fo…
Va. Code § 60.2-117
Use of collections in financing administrative expenditures
If § 303 (a) (5) of Title III of the Social Security Act (42 U.S.C. § 503 (a) (5)) and § 3304 (a) (4) of the Internal Revenue Code (26 U.S.C.) are amended to permit a state agency to use, in partial or complete substitution for grants under such Title III, for financing administrative expenditures incurred in carrying…
Va. Code § 60.2-118
Civil action to enforce title; actions on behalf of other states
A. In any civil action to enforce the provisions of this title the Commission and the Commonwealth may be represented by the Office of the Attorney General. B. The Office of the Attorney General may commence actions in this Commonwealth as agent for, or on behalf of, any other state: 1. To enforce judgments and liabili…
Va. Code § 60.2-119
Criminal cases
All criminal actions for violation of any provision of this title, or of any rules or regulations issued pursuant to this title, shall be prosecuted by the attorney for the Commonwealth of the county or city in which the offense, or a part thereof, was committed, except that the offense set out in § 60.2-518 or 60.2-63…
Va. Code § 60.2-120
Reimbursement of expenses of Office of Attorney General
The compensation of the assistant attorneys general, together with their proper expenses incurred in the performance of their duties, shall be chargeable as administrative expense of the Commission and paid in the manner in which the compensation and expenses of employees of the Commission are paid.
Va. Code § 60.2-121
Violation of title or rule or regulation
Any person who willfully violates any provision of this title or any valid rule or regulation promulgated pursuant to it, for which a penalty is not provided, shall be guilty of a Class 1 misdemeanor. Each day that such violation continues shall be deemed to be a separate offense.
Va. Code § 60.2-121.1
Communications with parties
In any action commenced under this title, the Commission may, if the party elects, send notices and other communications to such party through email or other electronic means. The Commission shall allow any party to change its election regarding receiving communications through electronic means. If an electronic notice…
Va. Code § 60.2-121.2
Electronic submission of information; payments
A. Each employer subject to the provisions of this title shall submit claim-related forms, including separation information, using an electronic format as prescribed by the Commission, unless the employer has been granted a waiver by the Commission. An employer shall submit any other information related to a claim, as…
Va. Code § 60.2-121.3
Unemployment Compensation Ombudsman; established; responsibilities
A. The Commission shall create the Office of the Unemployment Compensation Ombudsman (the Office) and shall appoint an Unemployment Compensation Ombudsman to head the Office. The Unemployment Compensation Ombudsman shall provide neutral educational information and assistance to, shall protect the interests of, and shal…
Va. Code § 60.2-122
Limitation of fees
No individual claiming benefits shall be charged fees of any kind in any proceeding under this title by the Commission or its representatives. Any person who violates any provision of this section shall, for each such offense, be guilty of a Class 1 misdemeanor.
Va. Code § 60.2-123
Representation
Any individual or employing unit appearing before an officer of the Commission may be represented by counsel or other duly authorized agent. However, no such counsel or agent representing a claimant shall either charge or receive for such services more than an amount approved by the Commission.
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