Current through Register Vol. XLI, No. 50, December 13, 2024
Section 96-3-2 - DefinitionsThe following terms and words have the meanings stated, unless the context clearly indicates otherwise.
2.1. "Code" means the West Virginia Code of 1931 as amended.2.2. "Default" for purposes of the administration of chapter twenty-one-a of the Code means that an employer is in default when, after due notice, the employer fails to submit a required payment, interest thereon, or penalty, and has not entered into a properly executed repayment agreement with Workforce West Virginia or has entered into an appropriate repayment agreement, but does not remain in compliance with its obligations under the repayment agreement. For purposes of this rule, an employer who has failed to submit required payments, interest or penalties, or required quarterly reports by the required due dates is presumed to be in default.2.3. "Division" means the division of unemployment compensation within Workforce West Virginia.2.4. "Employer" includes any individual or type of organization as defined in § 21A-1A-14 of the West Virginia Code which has in its employ one or more individuals performing service within this State.2.5. "Employer Violator List" includes any employer as defined above which has a lien filed against them by Workforce West Virginia due to his or her default on any assessment, surcharge, tax or penalty owed to the unemployment compensation trust fund. Information on the violator list includes the business name (also includes the doing business as and trading as name), as well as the city and state where the business is located. Employers not on the list include employers either in bankruptcy or on a repayment plan.2.6. "Executive Director" means the Commissioner of Workforce West Virginia pursuant to West Virginia Code § 21A-1-4(b).2.7. "fund" means the unemployment compensation trust fund.2.8. "Hearing" as defined in 96, CSR 2, Rule for Administrative Hearings is an agency proceeding before an administrative law judge or hearing examiner with definite issues of fact or law to be tried and to which parties have the right to be heard.2.9. "Repayment agreement" means a written agreement to pay in full all delinquent amounts owed to the Agency, including interest and penalties, under the provisions of chapter twenty-one-a of the Code. 2.10. "Workforce West Virginia" is the West Virginia Bureau of Employment Programs pursuant to § 21A-1-4(b) of the West Virginia Code.