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

Va. Code Ann. § 60.2-620 (2026)

Hearing and decision on appeal

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A. Appeals filed under § 60.2-619 shall be heard by the Commission's Administrative Law Division's Office of First Level Appeals. Such office, after affording the claimant and any other parties reasonable opportunity for a fair hearing, shall have jurisdiction to consider all issues with respect to the claim since the initial filing thereof. Such office shall affirm, set aside, reverse, modify, or alter the findings of fact and decision of the deputy, and may enter such order or decision with respect to the claim as such office finds should have been entered. However, no such order or decision shall affect benefits already paid except in accordance with the provisions of § 60.2-633.

B. The parties shall be duly notified of such office's decision, together with its reasons therefor, which shall be deemed to be the final decision of the Commission, unless within 30 days after the date of notification or mailing of such decision, further appeal is initiated pursuant to § 60.2-622. However, for good cause shown the 30-day period may be extended.

Code 1950, § 60-50; 1968, c. 738, § 60.1-62; 1976, c. 708; 1980, c. 426; 1986, c. 480; 1995, c. 515; 1999, c. 79; 2024, cc. 562, 603.

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 1998–2025 · leading case: Phillip Clay, Jr. v. Virginia Emp. Comm'n, No. 1048213 (Va. Ct. App. June 14, 2022).
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Phillip Clay, Jr. v. Virginia Emp. Comm'n, No. 1048213 (Va. Ct. App. June 14, 2022). · cites it 4× “” If it is determined invalid, it will be referred to an appeal tribunal or the Commission, who shall make a determination in accordance with Code § 60.2-620. Code § 60.2-619(A)(1)(b).”
Zugg v. Virginia Emp. Comm'n, 63 Va. Cir. 429 (Loudoun Cir. Ct. 2003). · cites it 6× “The Petition for Judicial Review raises one issue for this Court to determine, namely, whether the Commission erred in its interpretation of Va. Code § 60.2-620(A) and § 60.2-633(A) requiring the Petitioner to repay all benefits paid to him prior to the decision…”
Fairfax Cnty. Sch. Bd. v. Virginia Emp. Comm'n, No. 1:25-cv-00951 (E.D. Va. Aug. 27, 2025). · cites it 3× “Where an employer files an appeal under Section § 60.2-620, the Office of First Level Appeals within VEC’s Administrative Law Division considers the claim and “shall affirm, set aside, reverse, modify, or alter the findings of fact and decision of the deputy, and may enter such…”
Darick K. Jones v. Virginia Emp. Comm'n, No. 0362044 (Va. Ct. App. Nov. 23, 2004). · cites it 5× “Code § 60.2-620. “Any party to a hearing before an appeals examiner may appeal the decision within the time limit set forth in § 60.”
Colvin v. Hess, No. 3:21-cv-00746 (E.D. Va. Jan. 12, 2022). · cites it 2× “Va. Code Ann. § 60.2-620 (A). Then, the Commission may, on its own authority or following the claimant’s filing of an appeal within thirty days, “affirm, modify, or set aside any decision of an appeal tribunal.”
Custis v. Hess, No. 3:23-cv-00799 (E.D. Va. Dec. 17, 2024). · cites it 2× “Va. Code Ann. § 60.2-620 (A). Then, the Commission may, on its own authority or following the claimant’s filing of an appeal within thirty days, “affirm, modify, or set aside any decision of an appeal tribunal.”
Malcolm A. Agnew v. Baker Roofing Co. & VEC, No. 1004972 (Va. Ct. App. Feb. 10, 1998). · cites it 4× “Code § 60.2-620 provides that an appeal tribunal, "after affording the claimant and any other parties reasonable opportunity for a fair hearing, shall have jurisdiction to consider all issues with respect to the claim .”
Joyce W. Offield v. Virginia Emp. Comm'n, No. 2133081 (Va. Ct. App. July 14, 2009). · cites it 2× “2-619, which concerns appeals from deputy determinations, as well as the Commission’s 3 An appeal is conducted pursuant to Code § 60.2-620, which allows for the appeal to be heard by either a lone appeals examiner (as occurred here) or a three-member tribunal.”
Saulnier v. Virginia Emp. Comm'n, 45 Va. Cir. 290 (Arlington Cir. Ct. 1998). · cites it 3× “) This twenty-one-day period is provided for by Va. Code § 60.2-620(B), which also states that “for good cause shown the twenty-one-day period may be extended.”
Gilliam v. Hess, No. 2:21-cv-00384 (E.D. Va. Jan. 27, 2022). “§ 60.2-620 (A). Then, the Commission may, on its own authority or following the claimant’s filing of an appeal within thirty days, “affirm, modify, or set aside any decision of an appeal tribunal.”
Va. Code Ann. § 60.2-620(A): 2 cases
Zugg v. Virginia Emp. Comm'n, 63 Va. Cir. 429 (Loudoun Cir. Ct. 2003). “The Petition for Judicial Review raises one issue for this Court to determine, namely, whether the Commission erred in its interpretation of Va. Code § 60.2-620(A) and § 60.2-633(A) requiring the Petitioner to repay all benefits paid to him prior to the decision…”
Fairfax Cnty. Sch. Bd. v. Virginia Emp. Comm'n, No. 1:25-cv-00951 (E.D. Va. Aug. 27, 2025). “Where an employer files an appeal under Section § 60.2-620, the Office of First Level Appeals within VEC’s Administrative Law Division considers the claim and “shall affirm, set aside, reverse, modify, or alter the findings of fact and decision of the deputy, and may enter such…”
Va. Code Ann. § 60.2-620(B): 3 cases
Darick K. Jones v. Virginia Emp. Comm'n, No. 0362044 (Va. Ct. App. Nov. 23, 2004). “Code § 60.2-620. “Any party to a hearing before an appeals examiner may appeal the decision within the time limit set forth in § 60.”
Saulnier v. Virginia Emp. Comm'n, 45 Va. Cir. 290 (Arlington Cir. Ct. 1998). “) This twenty-one-day period is provided for by Va. Code § 60.2-620(B), which also states that “for good cause shown the twenty-one-day period may be extended.”
Fairfax Cnty. Sch. Bd. v. Virginia Emp. Comm'n, No. 1:25-cv-00951 (E.D. Va. Aug. 27, 2025). “Where an employer files an appeal under Section § 60.2-620, the Office of First Level Appeals within VEC’s Administrative Law Division considers the claim and “shall affirm, set aside, reverse, modify, or alter the findings of fact and decision of the deputy, and may enter such…”
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