60.2-114 - Records and reports.
§ 60.2-114. Records and reports.
A. Each employing unit shall keep true and accurate work records, containingsuch information as the Commission may prescribe. Such records shall be opento inspection and be subject to being copied by the Commission or itsauthorized representatives at any reasonable time and as often as may benecessary. The Commission may require from any employing unit any sworn orunsworn reports, with respect to persons employed by it, which the Commissiondeems necessary for the effective administration of this title. Informationthus obtained shall not be published or be open to public inspection, otherthan to public employees in the performance of their public duties, in anymanner revealing the employing unit's identity, except as the Commissioner orhis delegates deem appropriate, nor shall such information be used in anyjudicial or administrative proceeding other than one arising out of theprovisions of this title; however, the Commission shall make its recordsabout a claimant available to the Workers' Compensation Commission if itrequests such records. However, any claimant at a hearing before an appealtribunal or the Commission shall be supplied with information from suchrecords to the extent necessary for the proper presentation of his claim.Notwithstanding other provisions of this section, the Commissioner, or hisdelegate, may, in his discretion, reveal information when such communicationis not inconsistent with the proper administration of this title.
B. Notwithstanding the provisions of subsection A, the Commission shall, on areimbursable basis, furnish wage and unemployment compensation informationcontained in its records to the Secretary of Health and Human Services andthe Division of Child Support Enforcement of the Department of SocialServices for their use as necessary for the purposes of the NationalDirectory of New Hires established under § 453 (i) of the Social Security Act.
C. Notwithstanding the provisions of subsection A, the Commission shall, uponwritten request, furnish any agency or political subdivision of theCommonwealth, or its designated agent, such information as it may require forthe purpose of collecting fines, penalties, and costs owed to theCommonwealth or its political subdivisions. Such information shall not bepublished or used in any administrative or judicial proceeding, except inmatters arising out of the collection of fines, penalties, and costs owed tothe Commonwealth or its political subdivisions.
D. Each employing unit shall report only to the Virginia New Hire ReportingCenter the initial employment of any person, as defined in § 60.2-212 incompliance with § 63.2-1946.
E. Any member or employee of the Commission and any member, employee or agentof any agency or political subdivision of the Commonwealth who violates anyprovision of this section shall be guilty of a Class 2 misdemeanor.
(Code 1950, § 60-35; 1968, c. 738, § 60.1-40; 1972, c. 764; 1986, c. 480;1988, c. 766; 1993, cc. 246, 806; 1996, c. 220; 1997, c. 385; 1998, cc. 91,108, 745; 2003, c. 721.)