Va. Code » Title 60.2. Unemployment Compensation » Chapter 6. Benefits » Article 5. Claims Adjudication
Virginia Code

Va. Code Ann. § 60.2-619 (2026)

Determinations and decisions by deputy; appeals therefrom

✓ current as of May 2026
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A. 1. A representative designated by the Commission as a deputy shall promptly examine the claim. The deputy shall only examine or consider in the claim review process information or evidence from an employer or third party if the deputy (i) has provided the claimant with a reasonable opportunity to review and respond to all potentially disqualifying issues or conflicting or otherwise adverse material facts within such information or evidence, (ii) has documented all material responsive information received from the claimant pursuant to clause (i), and (iii) considers material responsive information in the deputy's evaluation of the claim. On the basis of the facts found by him, the deputy shall either:

a. Determine whether or not such claim is valid, and if valid, the week with respect to which benefits shall commence, the weekly benefit amount payable and the maximum duration thereof; or

b. Refer such claim or any relevant question to the Commission's Administrative Law Division's Office of First Level Appeals or to the Commission, which shall make its determination in accordance with the procedure described in § 60.2-620.

2. When the payment or denial of benefits will be determined by the provisions of subdivision A 2 of § 60.2-612, the deputy shall promptly transmit his full finding of fact with respect to that subdivision to the Commission's Administrative Law Division's Office of First Level Appeals, which shall make its determination in accordance with the procedure described in § 60.2-620.

B. (Effective until July 1, 2028) Upon the filing of an initial claim for benefits, the Commission shall cause an informatory notice of such filing to be mailed to the most recent 30-day or 240-hour employing unit of the claimant and all subsequent employing units, and any reimbursable employing units that may be liable for reimbursement to the Commission for any benefits paid. However, the failure to furnish such notice shall not have any effect upon the claim for benefits. If a claimant has had a determination of initial eligibility for benefits under this chapter, as evidenced by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility and in accordance with the terms of this subsection, until a determination is made that provides the claimant notice and an opportunity to be heard. When a question concerning continued eligibility for benefits arises, a determination shall be made as to whether it affects future weeks of benefits or only past weeks. With respect to future weeks, presumptive payment shall be made no later than 21 days after the issue arises, regardless of the type of issue. With respect to past weeks, presumptive payment shall be issued immediately, regardless of the type of issue. Notice shall be given to individuals who receive payments under such presumption that pending eligibility may affect their entitlement to the payment and may result in an overpayment that requires repayment.

B. (Effective July 1, 2028) Upon the filing of an initial claim for benefits, the Commission shall cause an informatory notice of such filing to be mailed to the most recent 30-day or 240-hour employing unit of the claimant and all subsequent employing units, and any reimbursable employing units that may be liable for reimbursement to the Commission for any benefits paid. However, the failure to furnish such notice shall not have any effect upon the claim for benefits.

C. Notice of determination upon a claim, the reasoning behind the decision, and a statement of case-specific facts material to the determination shall be promptly given to the claimant by delivering or by mailing such notice to the claimant's last known address. In addition, notice of any determination that involves the application of the provisions of § 60.2-618, together with the reasons therefor, shall be promptly given in the same manner to the most recent 30-day or 240-hour employing unit by whom the claimant was last employed and any subsequent employing unit which is a party. The Commission may dispense with the giving of notice of any determination to any employing unit, and such employing unit shall not be entitled to such notice if it has failed to respond timely or adequately to a written request of the Commission for information, as required by § 60.2-528.1, from which the deputy may have determined that the claimant may be ineligible or disqualified under any provision of this title. The deputy shall promptly notify the claimant of any decision made by the deputy, the reasoning behind the decision, and a statement of case-specific facts material to the determination at any time which in any manner denies benefits to the claimant for one or more weeks. As used in this subsection, the reasoning behind the decision means an explanation in plain language of (i) the law or regulation upon which the determination is based; (ii) the application of the law to the material information or evidence obtained from the claimant, employer, or third party; and (iii) the legal conclusion drawn from the application of the law to such information or evidence.

D. Such determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision within 30 calendar days after such notification was mailed or, if the party elects to receive electronic communications pursuant to § 60.2-121.1, electronically delivered to his last known address. Electronic delivery shall include confirmation of receipt. For good cause shown, the 30-day period may be extended. A claim that the Commission has determined to be invalid because of monetary ineligibility shall first be subject to review only upon a request for redetermination pursuant to § 60.2-629. The Commission shall issue a new monetary determination as a result of such review, and such monetary determination shall become final unless appealed by the claimant within 30 days of the date of mailing. The Commission shall clearly set out the process for requesting a redetermination and the process for filing an appeal on each monetary determination issued. Monetary ineligibility does not include an appeal on the effective date of the claim, unless the claimant has requested and received a redetermination of the monetary determination pursuant to § 60.2-629.

E. Benefits shall be paid promptly in accordance with a determination or redetermination under this chapter, or decision of the Commission's Administrative Law Division's Office of First Level Appeals, the Commission, or a reviewing court under § 60.2-625 upon the issuance of such determination, redetermination, or decision, regardless of the pendency of the period to file an appeal or petition for judicial review that is provided in this chapter, or the pendency of any such appeal or review. Such benefits shall be paid unless or until such determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with such modifying or reversing redetermination or decision. If a decision of the Commission's Administrative Law Division's Office of First Level Appeals allowing benefits is affirmed in any amount by the Commission, benefits shall continue to be paid until such time as a court decision has become final so that no further appeal can be taken. If an appeal is taken from the Commission's decision, benefits paid shall result in a benefit charge to the account of the employer under § 60.2-530 only when, and as of the date on which, as the result of an appeal, the courts finally determine that the Commission should have awarded benefits to the claimant or claimants involved in such appeal.

Code 1950, § 60-49; 1954, c. 203; 1966, c. 30; 1968, c. 738, § 60.1-61; 1970, c. 104; 1972, c. 692; 1974, c. 466; 1976, c. 708; 1980, cc. 408, 426; 1982, c. 363; 1986, c. 480; 1995, c. 515; 1997, c. 202; 1999, c. 79; 2013, c. 771; 2021, Sp. Sess. I, c. 539; 2022, cc. 668, 716, 754; 2024, cc. 165, 236, 562, 603, 746, 772.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1991–2025 · leading case: Deborah A. Wood v. VEC & Americomm Direct, etc, 458 S.E.2d 319 (Va. Ct. App. 1995).
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Deborah A. Wood v. VEC & Americomm Direct, etc, 458 S.E.2d 319 (Va. Ct. App. 1995). · cites it 4× “2, Chapter 6, Article 5 (Code §§ 60.2-619, et. seq.). Upon review, the Commission, acting through a special examiner pursuant to Code § 60.”
Carolyn M. Snyder v. VEC & Blue Shield, etc., 477 S.E.2d 785 (Va. Ct. App. 1996). · cites it 2× “See also Code § 60.2-619(A)(2) (“the deputy shall promptly transmit his full finding of fact with respect to that subsection to any appeal tribunal.”
Virginia Emp. Comm'n v. Brenda R. Cole (Va. Ct. App. 2016). · cites it 41× “Mandatory Promptness Requirement Special Examiner Snyder of the VEC conceded in his written opinion that the promptness requirement for issuing a determination found in Code § 60.2-619 is a mandatory requirement for the VEC.”
Moore v. Pya Monarch, LLC, 238 F. Supp. 2d 724 (E.D. Va. 2002). “Neither such information, nor any determination or decision rendered under the provisions of §§ 60.2-619, 60.2-620 or § 60.2-622, shall be used in any judicial or administrative proceeding other than one arising out of the provisions of this title.”
Joyce W. Offield v. Virginia Emp. Comm'n, Stone Container Corp. (Va. Ct. App. 2009). · cites it 34× “2-619(D), a deputy’s determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within thirty calendar days after the delivery of such notification, (ii) within thirty calendar days after such…”
Fairfax Cnty. Sch. Bd. v. Virginia Emp. Comm'n (E.D. Va. 2025). · cites it 11× “2-619 provides, inter alia, that if a claimant files an initial claim for benefits, the VEC “shall” send notice to “any reimbursable employing units that may be liable for reimbursement to the Commission for any benefits paid.”
Phillip Clay, Jr. v. Virginia Emp. Comm'n (Va. Ct. App. 2022). · cites it 6× “” Code § 60.2-619(A)(1) provides that in the initial level of review, a deputy of the VEC “shall promptly -8- Similarly, the Commission, under 16 VAC 5-80-30(B), is permitted to consider the documentation in the record to reach its determinations.”
Tindall v. Virginia Emp. Comm'n, 66 Va. Cir. 125 (Richmond County Cir. Ct. 2004). · cites it 10× “Code *128 § 60.2-619(A)(1), the only way a person can receive benefits is through a decision of a claims deputy, an appeals examiner, or the Commission.”
Darick K. Jones v. Virginia Emp. Comm'n (Va. Ct. App. 2004). · cites it 5× “(A) Appeals filed under § 60.2-619 shall be heard by an appeal tribunal appointed pursuant to § 60.”
Amazon Logistics, Inc. v. Virginia Emp. Comm'n (Va. 2025). · cites it 2× “Code § 60.2-619(E). 2 The employer may appeal the Commission’s decision under Section 60.”
Cent. Delivery Serv. v. VEC (Va. Ct. App. 2001). · cites it 3× “However, Code § 60.2-619 contains a list of services that are statutorily exempt from the "employment" definition.”
Zugg v. Virginia Emp. Comm'n, 63 Va. Cir. 429 (Loudoun Cir. Ct. 2003). · cites it 3× “On April 4,2003, Petitioner timely filed an appeal of the decision of the Appeals Examiner based on two issues: (1) that the Petitioner was dismissed without cause and (2) that the interpretation of § 60.2-619(E) with § 60.2-620(A) and § 60.”
Show all 14 citing cases →
— Va. Code Ann. § 60.2-619(22) — 1 case
Cent. Delivery Serv. v. VEC (Va. Ct. App. 2001). “However, Code § 60.2-619 contains a list of services that are statutorily exempt from the "employment" definition.”
— Va. Code Ann. § 60.2-619(A) — 2 cases
Virginia Emp. Comm'n v. Brenda R. Cole (Va. Ct. App. 2016). “Mandatory Promptness Requirement Special Examiner Snyder of the VEC conceded in his written opinion that the promptness requirement for issuing a determination found in Code § 60.2-619 is a mandatory requirement for the VEC.”
Darick K. Jones v. Virginia Emp. Comm'n (Va. Ct. App. 2004). “(A) Appeals filed under § 60.2-619 shall be heard by an appeal tribunal appointed pursuant to § 60.”
— Va. Code Ann. § 60.2-619(A)(1) — 2 cases
Phillip Clay, Jr. v. Virginia Emp. Comm'n (Va. Ct. App. 2022). “” Code § 60.2-619(A)(1) provides that in the initial level of review, a deputy of the VEC “shall promptly -8- Similarly, the Commission, under 16 VAC 5-80-30(B), is permitted to consider the documentation in the record to reach its determinations.”
Tindall v. Virginia Emp. Comm'n, 66 Va. Cir. 125 (Richmond County Cir. Ct. 2004). “Code *128 § 60.2-619(A)(1), the only way a person can receive benefits is through a decision of a claims deputy, an appeals examiner, or the Commission.”
— Va. Code Ann. § 60.2-619(A)(1)(a) — 1 case
Phillip Clay, Jr. v. Virginia Emp. Comm'n (Va. Ct. App. 2022). “” Code § 60.2-619(A)(1) provides that in the initial level of review, a deputy of the VEC “shall promptly -8- Similarly, the Commission, under 16 VAC 5-80-30(B), is permitted to consider the documentation in the record to reach its determinations.”
— Va. Code Ann. § 60.2-619(A)(1)(b) — 1 case
Phillip Clay, Jr. v. Virginia Emp. Comm'n (Va. Ct. App. 2022). “” Code § 60.2-619(A)(1) provides that in the initial level of review, a deputy of the VEC “shall promptly -8- Similarly, the Commission, under 16 VAC 5-80-30(B), is permitted to consider the documentation in the record to reach its determinations.”
— Va. Code Ann. § 60.2-619(A)(2) — 1 case
Carolyn M. Snyder v. VEC & Blue Shield, etc., 477 S.E.2d 785 (Va. Ct. App. 1996). “See also Code § 60.2-619(A)(2) (“the deputy shall promptly transmit his full finding of fact with respect to that subsection to any appeal tribunal.”
— Va. Code Ann. § 60.2-619(B) — 2 cases
Fairfax Cnty. Sch. Bd. v. Virginia Emp. Comm'n (E.D. Va. 2025). “2-619 provides, inter alia, that if a claimant files an initial claim for benefits, the VEC “shall” send notice to “any reimbursable employing units that may be liable for reimbursement to the Commission for any benefits paid.”
Joyce W. Offield v. Virginia Emp. Comm'n, Stone Container Corp. (Va. Ct. App. 2009). “2-619(D), a deputy’s determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within thirty calendar days after the delivery of such notification, (ii) within thirty calendar days after such…”
— Va. Code Ann. § 60.2-619(C) — 2 cases
Joyce W. Offield v. Virginia Emp. Comm'n, Stone Container Corp. (Va. Ct. App. 2009). “2-619(D), a deputy’s determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within thirty calendar days after the delivery of such notification, (ii) within thirty calendar days after such…”
Darick K. Jones v. Virginia Emp. Comm'n (Va. Ct. App. 2004). “(A) Appeals filed under § 60.2-619 shall be heard by an appeal tribunal appointed pursuant to § 60.”
— Va. Code Ann. § 60.2-619(D) — 3 cases
Joyce W. Offield v. Virginia Emp. Comm'n, Stone Container Corp. (Va. Ct. App. 2009). “2-619(D), a deputy’s determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within thirty calendar days after the delivery of such notification, (ii) within thirty calendar days after such…”
Tindall v. Virginia Emp. Comm'n, 66 Va. Cir. 125 (Richmond County Cir. Ct. 2004). “Code *128 § 60.2-619(A)(1), the only way a person can receive benefits is through a decision of a claims deputy, an appeals examiner, or the Commission.”
Fairfax Cnty. Sch. Bd. v. Virginia Emp. Comm'n (E.D. Va. 2025). “2-619 provides, inter alia, that if a claimant files an initial claim for benefits, the VEC “shall” send notice to “any reimbursable employing units that may be liable for reimbursement to the Commission for any benefits paid.”
— Va. Code Ann. § 60.2-619(E) — 2 cases
Amazon Logistics, Inc. v. Virginia Emp. Comm'n (Va. 2025). “Code § 60.2-619(E). 2 The employer may appeal the Commission’s decision under Section 60.”
Zugg v. Virginia Emp. Comm'n, 63 Va. Cir. 429 (Loudoun Cir. Ct. 2003). “On April 4,2003, Petitioner timely filed an appeal of the decision of the Appeals Examiner based on two issues: (1) that the Petitioner was dismissed without cause and (2) that the interpretation of § 60.2-619(E) with § 60.2-620(A) and § 60.”
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