§ 60.2-619. Determinations and decisions by deputy; appeals therefrom.
A. 1. A representative designated by the Commission as a deputy, shallpromptly examine the claim. On the basis of the facts found by him, thedeputy shall either:
a. Determine whether or not such claim is valid, and if valid, the week withrespect to which benefits shall commence, the weekly benefit amount payableand the maximum duration thereof; or
b. Refer such claim or any question involved therein to any appeal tribunalor to the Commission, which tribunal or Commission shall make itsdetermination in accordance with the procedure described in § 60.2-620.
2. When the payment or denial of benefits will be determined by theprovisions of subdivision 2 of § 60.2-612, the deputy shall promptly transmithis full finding of fact with respect to that subdivision to any appealtribunal, which shall make its determination in accordance with the proceduredescribed in § 60.2-620.
B. Upon the filing of an initial claim for benefits, the Commission shallcause an informatory notice of such filing to be mailed to the most recentthirty-day or 240-hour employing unit of the claimant and all subsequentemploying units, and any reimbursable employing units which may be liable forreimbursement to the Commission for any benefits paid. However, the failureto furnish such notice shall not have any effect upon the claim for benefits.
C. Notice of determination upon a claim shall be promptly given to theclaimant by delivering or by mailing such notice to the claimant's last knownaddress. In addition, notice of any determination which involves theapplication of the provisions of § 60.2-618, together with the reasonstherefor, shall be promptly given in the same manner to the most recentthirty-day or 240-hour employing unit by whom the claimant was last employedand any subsequent employing unit which is a party. The Commission maydispense with the giving of notice of any determination to any employingunit, and such employing unit shall not be entitled to such notice if it hasfailed to indicate prior to the determination, as required by regulationpromulgated by the Commission, that the claimant may be ineligible ordisqualified under any provision of this title. The deputy shall promptlynotify the claimant of any decision made by him at any time which in anymanner denies benefits to the claimant for one or more weeks.
D. Such determination or decision shall be final unless the claimant or anysuch employing unit files an appeal from such determination or decision (i)within thirty calendar days after the delivery of such notification, (ii)within thirty calendar days after such notification was mailed to his lastknown address, or (iii) within thirty days after such notification was mailedto the last known address of an interstate claimant. For good cause shown,the thirty-day period may be extended.
E. Benefits shall be paid promptly in accordance with a determination orredetermination under this chapter, or decision of an appeal tribunal, theCommission, the Board of Review or a reviewing court under §§ 60.2-625 and60.2-631 upon the issuance of such determination, redetermination ordecision, regardless of the pendency of the period to file an appeal orpetition for judicial review that is provided in this chapter, or thependency of any such appeal or review. Such benefits shall be paid unless oruntil such determination, redetermination or decision has been modified orreversed by a subsequent redetermination or decision, in which event benefitsshall be paid or denied for weeks of unemployment thereafter in accordancewith such modifying or reversing redetermination or decision. If a decisionof an appeal tribunal allowing benefits is affirmed in any amount by theCommission, benefits shall continue to be paid until such time as a courtdecision has become final so that no further appeal can be taken. If anappeal is taken from the Commission's decision, benefits paid shall result ina benefit charge to the account of the employer under § 60.2-530 only when,and as of the date on which, as the result of an appeal, the courts finallydetermine that the Commission should have awarded benefits to the claimant orclaimants involved in such appeal.
(Code 1950, § 60-49; 1954, c. 203; 1966, c. 30; 1968, c. 738, § 60.1-61;1970, c. 104; 1972, c. 692; 1974, c. 466; 1976, c. 708; 1980, cc. 408, 426;1982, c. 363; 1986, c. 480; 1995, c. 515; 1997, c. 202; 1999, c. 79.)
§ 60.2-619. Determinations and decisions by deputy; appeals therefrom.
A. 1. A representative designated by the Commission as a deputy, shallpromptly examine the claim. On the basis of the facts found by him, thedeputy shall either:
a. Determine whether or not such claim is valid, and if valid, the week withrespect to which benefits shall commence, the weekly benefit amount payableand the maximum duration thereof; or
b. Refer such claim or any question involved therein to any appeal tribunalor to the Commission, which tribunal or Commission shall make itsdetermination in accordance with the procedure described in § 60.2-620.
2. When the payment or denial of benefits will be determined by theprovisions of subdivision 2 of § 60.2-612, the deputy shall promptly transmithis full finding of fact with respect to that subdivision to any appealtribunal, which shall make its determination in accordance with the proceduredescribed in § 60.2-620.
B. Upon the filing of an initial claim for benefits, the Commission shallcause an informatory notice of such filing to be mailed to the most recentthirty-day or 240-hour employing unit of the claimant and all subsequentemploying units, and any reimbursable employing units which may be liable forreimbursement to the Commission for any benefits paid. However, the failureto furnish such notice shall not have any effect upon the claim for benefits.
C. Notice of determination upon a claim shall be promptly given to theclaimant by delivering or by mailing such notice to the claimant's last knownaddress. In addition, notice of any determination which involves theapplication of the provisions of § 60.2-618, together with the reasonstherefor, shall be promptly given in the same manner to the most recentthirty-day or 240-hour employing unit by whom the claimant was last employedand any subsequent employing unit which is a party. The Commission maydispense with the giving of notice of any determination to any employingunit, and such employing unit shall not be entitled to such notice if it hasfailed to indicate prior to the determination, as required by regulationpromulgated by the Commission, that the claimant may be ineligible ordisqualified under any provision of this title. The deputy shall promptlynotify the claimant of any decision made by him at any time which in anymanner denies benefits to the claimant for one or more weeks.
D. Such determination or decision shall be final unless the claimant or anysuch employing unit files an appeal from such determination or decision (i)within thirty calendar days after the delivery of such notification, (ii)within thirty calendar days after such notification was mailed to his lastknown address, or (iii) within thirty days after such notification was mailedto the last known address of an interstate claimant. For good cause shown,the thirty-day period may be extended.
E. Benefits shall be paid promptly in accordance with a determination orredetermination under this chapter, or decision of an appeal tribunal, theCommission, the Board of Review or a reviewing court under §§ 60.2-625 and60.2-631 upon the issuance of such determination, redetermination ordecision, regardless of the pendency of the period to file an appeal orpetition for judicial review that is provided in this chapter, or thependency of any such appeal or review. Such benefits shall be paid unless oruntil such determination, redetermination or decision has been modified orreversed by a subsequent redetermination or decision, in which event benefitsshall be paid or denied for weeks of unemployment thereafter in accordancewith such modifying or reversing redetermination or decision. If a decisionof an appeal tribunal allowing benefits is affirmed in any amount by theCommission, benefits shall continue to be paid until such time as a courtdecision has become final so that no further appeal can be taken. If anappeal is taken from the Commission's decision, benefits paid shall result ina benefit charge to the account of the employer under § 60.2-530 only when,and as of the date on which, as the result of an appeal, the courts finallydetermine that the Commission should have awarded benefits to the claimant orclaimants involved in such appeal.
(Code 1950, § 60-49; 1954, c. 203; 1966, c. 30; 1968, c. 738, § 60.1-61;1970, c. 104; 1972, c. 692; 1974, c. 466; 1976, c. 708; 1980, cc. 408, 426;1982, c. 363; 1986, c. 480; 1995, c. 515; 1997, c. 202; 1999, c. 79.)
§ 60.2-619. Determinations and decisions by deputy; appeals therefrom.
A. 1. A representative designated by the Commission as a deputy, shallpromptly examine the claim. On the basis of the facts found by him, thedeputy shall either:
a. Determine whether or not such claim is valid, and if valid, the week withrespect to which benefits shall commence, the weekly benefit amount payableand the maximum duration thereof; or
b. Refer such claim or any question involved therein to any appeal tribunalor to the Commission, which tribunal or Commission shall make itsdetermination in accordance with the procedure described in § 60.2-620.
2. When the payment or denial of benefits will be determined by theprovisions of subdivision 2 of § 60.2-612, the deputy shall promptly transmithis full finding of fact with respect to that subdivision to any appealtribunal, which shall make its determination in accordance with the proceduredescribed in § 60.2-620.
B. Upon the filing of an initial claim for benefits, the Commission shallcause an informatory notice of such filing to be mailed to the most recentthirty-day or 240-hour employing unit of the claimant and all subsequentemploying units, and any reimbursable employing units which may be liable forreimbursement to the Commission for any benefits paid. However, the failureto furnish such notice shall not have any effect upon the claim for benefits.
C. Notice of determination upon a claim shall be promptly given to theclaimant by delivering or by mailing such notice to the claimant's last knownaddress. In addition, notice of any determination which involves theapplication of the provisions of § 60.2-618, together with the reasonstherefor, shall be promptly given in the same manner to the most recentthirty-day or 240-hour employing unit by whom the claimant was last employedand any subsequent employing unit which is a party. The Commission maydispense with the giving of notice of any determination to any employingunit, and such employing unit shall not be entitled to such notice if it hasfailed to indicate prior to the determination, as required by regulationpromulgated by the Commission, that the claimant may be ineligible ordisqualified under any provision of this title. The deputy shall promptlynotify the claimant of any decision made by him at any time which in anymanner denies benefits to the claimant for one or more weeks.
D. Such determination or decision shall be final unless the claimant or anysuch employing unit files an appeal from such determination or decision (i)within thirty calendar days after the delivery of such notification, (ii)within thirty calendar days after such notification was mailed to his lastknown address, or (iii) within thirty days after such notification was mailedto the last known address of an interstate claimant. For good cause shown,the thirty-day period may be extended.
E. Benefits shall be paid promptly in accordance with a determination orredetermination under this chapter, or decision of an appeal tribunal, theCommission, the Board of Review or a reviewing court under §§ 60.2-625 and60.2-631 upon the issuance of such determination, redetermination ordecision, regardless of the pendency of the period to file an appeal orpetition for judicial review that is provided in this chapter, or thependency of any such appeal or review. Such benefits shall be paid unless oruntil such determination, redetermination or decision has been modified orreversed by a subsequent redetermination or decision, in which event benefitsshall be paid or denied for weeks of unemployment thereafter in accordancewith such modifying or reversing redetermination or decision. If a decisionof an appeal tribunal allowing benefits is affirmed in any amount by theCommission, benefits shall continue to be paid until such time as a courtdecision has become final so that no further appeal can be taken. If anappeal is taken from the Commission's decision, benefits paid shall result ina benefit charge to the account of the employer under § 60.2-530 only when,and as of the date on which, as the result of an appeal, the courts finallydetermine that the Commission should have awarded benefits to the claimant orclaimants involved in such appeal.
(Code 1950, § 60-49; 1954, c. 203; 1966, c. 30; 1968, c. 738, § 60.1-61;1970, c. 104; 1972, c. 692; 1974, c. 466; 1976, c. 708; 1980, cc. 408, 426;1982, c. 363; 1986, c. 480; 1995, c. 515; 1997, c. 202; 1999, c. 79.)
