West Virginia Code of State Rules Agency 83 - Employment Security
West Virginia Code of State Rules – Agency 84: Board of Review
Overview:
Agency 84 of the West Virginia Code of State Rules (CSR) governs the rules and procedures of the West Virginia Board of Review (BOR). The Board of Review is an administrative appeals body that primarily handles appeals related to unemployment compensation claims and other employment-related disputes under the jurisdiction of the West Virginia Department of Commerce, Division of Workforce Services.
The BOR provides a formal process for claimants, employers, and interested parties to challenge decisions made by unemployment claims examiners and the initial claims process.
Key Functions of Agency 84:
Appeals Process:
Procedures for filing appeals regarding unemployment insurance (UI) benefit determinations.
Timelines and requirements for submission of appeals by claimants or employers.
Hearing Procedures:
Rules for conducting administrative hearings, including evidence submission, witness testimony, and representation.
Guidance on hearing notices, continuances, and decision issuance.
Decision and Orders:
Standards for the Board’s decision-making.
Procedures for issuing final orders and notifications.
Further Appeals:
Information on appealing Board of Review decisions to the Circuit Court for judicial review.
Administrative Rules for Conduct:
Ethics and conduct expectations for parties and representatives during appeals.
Confidentiality and record-keeping requirements.
Selected Chapters in Agency 84:
| CSR Section | Title |
|---|---|
| §84-1 | General Provisions and Definitions |
| §84-2 | Appeals Procedures and Filing Requirements |
| §84-3 | Hearing Procedures and Rules of Evidence |
| §84-4 | Decision Making and Orders |
| §84-5 | Judicial Review and Further Appeals |
Legal Authority:
The Board of Review operates under authority granted by West Virginia Code Chapter 21A, which covers the state’s Unemployment Compensation Law.
The BOR serves as an intermediate appellate body to ensure fair and consistent adjudication of UI claims.
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