W. Va. Code R. § 96-3-6 - Employer Placed on Violator List; Notice

6.1 An employer who is in default on any assessment, surcharge, tax, or penalty to the fund, shall be placed in the employer violator system and only removed from the system pursuant to section seven of this rule.

6.2 Prior to being placed in the employer violator system, the employer shall be notified by mail that the Director has identified the employer as being in default and as a result, intends to include the employer in the employer violator system. The notice of the Director's intent to include the default employer in the employer violator system shall include the following information:

a. The employer may avoid being included in the employer violator system by paying all moneys owed to the fund or entering into a repayment agreement within 10 days of the date of the notice.

b. The employer may object to being included in the employer violator system and request, in writing, an expedited administrative hearing pursuant to section eight of this rule

c. The request for an expedited administrative hearing must be postmarked on or before the tenth day after the date of the Director's notice and must be mailed to the following address:

Director of Unemployment Compensation

Workforce West Virginia

Unemployment Compensation

112 California Avenue

Charleston, WV 25305

6.3 An employer who fails to respond within 10 days of the date of the notice of the Director's intent to include the employer in the employer violator system, by

a. paying all moneys owed to the fund;

b. entering into a repayment agreement, or

c. requesting, in writing an expedited administrative hearing,

shall be included in the employer violator system and shall remain in the system until removed pursuant to section seven of this rule.

Notes

W. Va. Code R. § 96-3-6