Introduced Version
Senate Bill 689 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 689
(By Senator Bowman)
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[Introduced February 23, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §21A-7-4 of the code of West Virginia,
1931, as amended, relating to a change in the manner in which
evidence can be presented at an unemployment compensation
hearing.
Be it
enacted by the Legislature of West Virginia:
That
§21A-7-4
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. CLAIM PROCEDURE.
§21A-7-4. Investigation by deputy; notice and hearing before
deputy; referral of labor dispute claims for hearing
and determination by appeal tribunal; initial
determination of other claims by deputy; notice of
findings and decision.
(a) A deputy shall promptly investigate all claims.
(b) Upon the filing of any claim for benefits, notice thereof shall promptly be given by the commissioner or his designee to the
employer concerned, in writing. The employer shall have a period
of four calendar days from the receipt of such notice within which
to furnish to the deputy or his local office initial information
respecting the claim and the facts and circumstances pertaining to
the claimant's unemployment. If, within said four-day period, any
party shall request a hearing before the deputy, such hearing shall
be held, upon notice to all parties by the commissioner or his
designee, either by delivery in person or by mail, within five
calendar days of receipt of such request. Such hearing shall be
informal in nature, but shall afford the parties reasonable
opportunity to present in person, information relevant to the
eligibility and disqualification of the claimant.
(c) If it appears from the deputy's investigation and from all
of the information before him, that a claim relates to a labor
dispute or to a disqualification under subdivision (4), section
three, article six of this chapter, the claim shall be transferred
to the board for full hearing and initial determination by an
appeal tribunal.
(d) If it appears from the deputy's investigation, and from
all of the information before him, that a claim does not relate to
a labor dispute or to a disqualification under subdivision (4),
section three, article six of this chapter, the deputy shall
determine whether or not such claim is valid, and, if valid, shall determine:
(1) The week with respect to which benefits will commence;
(2) The amount of benefit;
(3) The maximum duration of benefits.
(e) After any finding or determination by a deputy, the deputy
shall promptly notify the claimant and the employer of his
or her
findings and decision.
NOTE: The purpose for this bill is to allow evidence to be
entered into the record at an unemployment compensation hearing by
alternative methods other than being at the hearing in person, such
as video or teleconference.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.