SB 689 Text

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.

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