16 Va. Admin. Code § 5-80-10

Current through Register Vol. 41, No. 8, December 2, 2024

Section 16VAC5-80-10 - Deputy's determinations or decisions

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.

16 Va. Admin. Code § 5-80-10

Derived from VR300-01-8 §1, eff. December 14, 1994; amended, Virginia Register Volume 18, Issue 26, eff. November 3, 2002; Amended, Virginia Register Volume 39, Issue 8, eff. 1/19/2023.

Statutory Authority: §§ 60.2-111 and 60.2-623 of the Code of Virginia.