West Virginia Code of State Rules Agency 84 - Board Of Review

West Virginia Code of State Rules – Agency 83: Employment Security

🏛️ Overview of Agency 83

Agency 83 encompasses the legislative rules under the West Virginia Department of Employment Security, which was dissolved on January 1, 2024, as part of the restructuring of the West Virginia Department of Health and Human Resources (DHHR) into three separate agencies. Despite this structural change, Agency 83's rules remain in effect unless amended or repealed by the new agencies.

📚 Title 83: Legislative Rule – Department of Employment Security

Series 83-01: Regulations of the Commissioner of Employment Security

Effective Date: May 1, 1991

Authority: West Virginia Code §21A-2

Scope: This rule establishes procedures for the administration of unemployment compensation, including employer obligations, claims processing, and appeals.

🧾 Key Provisions

Section 83-1-1 – General: Defines the scope and authority of the regulations, establishing rules for interpreting the West Virginia Unemployment Compensation Law.

Section 83-1-10 – Employer Responsibilities: Outlines the obligations of employers upon receiving a notice of a claim filed or a request for separation information, including timelines for response and penalties for non-compliance.

Section 83-1-5 – Records: Specifies requirements for employers to maintain payroll records for a minimum of five years, detailing information such as employee names, Social Security numbers, wages, and dates of employment.

⚖️ Statutory Framework

West Virginia Code §21A: The legislative foundation for unemployment compensation in West Virginia, outlining the purpose, administration, and enforcement of the unemployment compensation system.

✅ Summary

Agency 83: Previously under the Department of Employment Security, now part of the restructured DHHR.

Title 83: Focuses on the administration of unemployment compensation, including employer obligations and claims processing.

Key Provisions: Employer responsibilities, record-keeping requirements, and procedures for interpreting the Unemployment Compensation Law.

 

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