2006 Code of Virginia § 63.2-1946 - Virginia New Hire Reporting Center; State Directory of New Hires; reporting by employers

63.2-1946. Virginia New Hire Reporting Center; State Directory of NewHires; reporting by employers.

A. Each employing unit shall report to the Virginia New Hire ReportingCenter, operated under the authority of the Division of Child SupportEnforcement, the initial employment of any person, as defined in 60.2-212,within twenty days of such employment. The Center shall operate and maintainthe Virginia State Directory of New Hires. The Center is authorized to shareinformation with the Virginia Employment Commission.

B. Employers who transmit such reports magnetically or electronically shall,if necessary, report by two monthly transmissions not less than twelve daysnor more than sixteen days apart. Employers that have employees who areemployed in two or more states and that transmit reports magnetically orelectronically may comply by designating one state in which such employer hasemployees to which the employer will transmit the report, and transmittingsuch report to such state. Such employers shall notify the federal Secretaryof Health and Human Services in writing as to which state is designated forthe purpose of sending reports and shall provide a copy of that notificationto the Virginia New Hire Reporting Center.

C. Employers shall not report an employee of a state agency performingintelligence or counterintelligence functions, if the head of such agency hasdetermined that such reporting could endanger the safety of the employee orcompromise an ongoing investigation or intelligence mission.

D. Information to be provided shall include only that information that isrequired by federal law. This information may be provided by mailing a copyof the employee's W-4 form, transmitting information magnetically orelectronically in the prescribed format or by any other means determined bythe Virginia New Hire Reporting Center to result in timely reporting. Withinthree business days after the date information regarding a newly hiredemployee is entered into the Virginia State Directory of New Hires, theCenter shall furnish the information to the National Directory of New Hiresestablished under 453 (i) of the Social Security Act, as amended.

E. The Board shall have the authority to adopt regulations as necessary,consistent with the federal law and its implementing regulations, toadminister this provision, including any exemptions and waivers which areneeded to reduce unnecessary or burdensome reporting.

(1998, c. 108, 63.1-274.11; 2002, c. 747.)