2006 Code of Virginia § 60.2-536.2 - Advisory opinion by the Commission

60.2-536.2. Advisory opinion by the Commission.

Upon application by an employer who is a party to a transfer or potentialtransfer of any trade or business, the Commission shall issue an advisoryopinion as to whether such transfer constitutes a transfer pursuant to 60.2-536.1, or is solely or primarily for the purpose of obtaining a lowerunemployment tax rate. The application shall be under oath or affirmation, ina form prescribed by the Commission, and shall fully set forth all relevantfacts regarding the proposed transfer. The Commission may require suchadditional information and documentary evidence as deemed necessary for afair and informed opinion. Such opinion shall be issued within 60 days afterthe Commission has received all of the information and evidence requested. Anemployer who proceeds with the transfer of a trade or business in relianceupon a favorable advisory opinion issued under this section shall notsubsequently be found to have violated the provisions of 18.2-204.3, andshall not be subject to the penalties of 60.2-536.3, provided such employerhas made full disclosure of all relevant facts to the Commission. If anemployer disagrees with the Commission's advisory opinion, it shall have theright to a hearing and decision pursuant to 60.2-500, provided that anapplication for a hearing is filed with the Commission within 30 days fromthe date the advisory opinion was mailed.

(2005, cc. 47, 91.)