West Virginia Code § 21A-7-4

Investigation by deputy; notice and hearing before deputy; referral of
Open in Lexace · Ask the AI about this section
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, wiuthin 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 tdelivery 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 investigatiosn 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 appegal 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 findings and decision.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.