2006 Code of Virginia § 60.2-625 - Judicial review

60.2-625. Judicial review.

A. Within thirty days after the decision of the Commission upon a hearingpursuant to 60.2-622 has been mailed, any party aggrieved who seeksjudicial review shall commence an action in the circuit court of the countyor city in which the individual who filed the claim was last employed. Insuch action against the Commission, the Commission and any other party to theadministrative procedures before the Commission shall be named a defendant ina petition for judicial review. Such petition shall also state the groundsupon which a review is sought; it shall be served upon a member of theCommission or upon such person as the Commission may designate, and suchservice shall be deemed completed service on all parties. There shall be leftwith the party so served as many copies of the petition as there aredefendants, and the Commission shall forthwith mail one such copy to eachsuch defendant. With its answer, the Commission shall certify and file withthe court all documents and papers and a transcript of all testimony taken inthe matter, together with its findings of fact and decision therein. In anyjudicial proceedings under this chapter, the findings of the Commission as tothe facts, if supported by evidence and in the absence of fraud, shall beconclusive, and the jurisdiction of the court shall be confined to questionsof law. Such actions and the questions so certified shall be heard in asummary manner at the earliest possible date. An appeal may be taken from thedecision of the court to the Court of Appeals in conformity with Part Five Aof the Rules of Supreme Court and other applicable laws.

B. From any circuit court decision involving (i) the provisions of 60.2-612or 60.2-618, (ii) whether an employing unit constitutes an employer or(iii) whether services performed for or in connection with the business of anemploying unit constitute employment for such employing unit, the Court ofAppeals shall have jurisdiction to review such decision regardless of theamount involved in any claim for benefits. It shall not be necessary, in anyproceeding under this chapter, to enter exceptions to the rulings of theCommission or an appeal tribunal, and no bond shall be required upon anappeal to any court. Upon the final determination of such judicialproceeding, the Commission shall administer the Unemployment CompensationFund in accordance with such determination.

C. The Commission shall have the right to appeal a decision of a circuitcourt in any proceeding under this chapter.

(1980, c. 463, 60.1-67.1; 1982, c. 24; 1984, c. 703; 1986, c. 480; 1987, c.567; 1988, c. 766; 1996, c. 573.)