West Virginia Code of State Rules
Agency 96 - WorkForce West Virginia
Series 96-03 - Employer Violator System
Section 96-3-8 - Hearing

Universal Citation: 96 WV Code of State Rules 96-3-8

Current through Register Vol. XLI, No. 13, March 29, 2024

6.1. An employer who files with the Director a written objection to their name being placed on the employer violator system shall be afforded an opportunity to contest the Director's determination that the employer is in default on any assessment, surcharge, tax, or penalty to the Unemployment Compensation Division of WorkForce West Virginia fund and the opportunity to present testimony and enter evidence in support of its position.

6.2. The hearing shall be conducted in accordance with the administrative hearings provisions of 96 CSR 2. However, notwithstanding time requirements for notice and hearing contained in §96 CSR 2, the following time requirements shall govern the expedited administrative hearings held pursuant to this rule:

6.2.a. An expedited administrative hearing shall be held within 20 days of an employer's timely request for a hearing.

6.2.b. Evidence from any party must be submitted to the hearing examiner before, or at, the administrative hearing.

6.2.c. Hearings shall not be continued except by agreement of the parties or upon the most compelling of good cause. Good cause determinations will be strictly resolved in view of the legislative mandate to expedite the resolution of the issue.

6.2.d. The hearing officer shall issue a decision within thirty (30) days of the date of the administrative hearing.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.