Ten Statutory & Procedural Violations on Record: Virginia Employment Commission

Here is an adapted list of Statutory & Procedural Violations specifically tailored for the Virginia Employment Commission (VEC). These are modeled after your EEOC list, but cite relevant Virginia, federal unemployment and administrative law statutes and rules that govern agency conduct, claimant rights, and agency accountability:

Ten Statutory & Procedural Violations on Record: Virginia Employment Commission

The following ten violations—many of which are indefensible for an agency tasked with administering unemployment insurance and federal compliance—remain directly relevant to this matter:

1. Failure to conduct a substantive fact-finding interview or adjudication
     —violating Va. Code § 60.2-619 (fact-finding required before denial) and VEC policy.
   
2. Issuing benefit denials, non-monetary determinations, or adverse actions without written findings of fact
     —contrary to Va. Code § 60.2-625(A), § 60.2-619(C), and C.F.R. 20 § 604.5 (due process and notice).
   
3. Failure or refusal to provide written notice of appeal rights and deadlines
     —violating Va. Code § 60.2-619(D) and federal 20 C.F.R. § 602.21(f).
   
4. Ignoring or failing to respond to properly filed claims, appeals, or compliance documentation
     —contrary to statutory “prompt decision” mandates of Va. Code § 60.2-619(B) and federal 20 C.F.R. § 650.3.
   
5. Refusal to process or log work search/weekly certifications submitted by alternate means
     —violating Va. Code § 60.2-617(A) and federal 20 C.F.R. § 603.11 (agency must provide effective means to report and certify).
   
6. Misrepresentation, alteration, or destruction of claimant records or evidence
     —potentially violating Va. Code § 60.2-623 (records retention), Va. Code § 18.2-472 (false entries and destruction of public records), and 18 U.S.C. § 1519 (if federally funded).
   
7. Reliance on employer statements without meaningful verification or fact-checking
     —contrary to Va. Code § 60.2-619, requiring objective fact-finding.
   
8. Blocking or impeding claimant access to agency systems or staff
     —denying participation rights and potentially violating 5 U.S.C. § 555(b) (federal administrative due process) and Due Process Clause.
   
9. Failure to timely respond to FOIA or ADA reasonable accommodation requests
     —violating Va. Code § 2.2-3704(B) (Virginia FOIA) and 42 U.S.C. § 12112(b)(5)(A) (disability accommodations).
   
10. Failure to address or act on repeated patterns of administrative error, retaliation, or repeated violations
      —violating VEC’s own obligations to correct errors under administrative law and 42 U.S.C. § 503(a)(3) (federal UI program requirements: “methods of administration”).
    

How to Use:

• List these in your formal VEC letter or case submission, calling out each violation and citing both statutory authority and the factual instance.
  
• Demand written agency explanation for each, and say “Continued violation of any of the above may result in escalation to state and federal oversight, demands for corrective action, and requests for sanctions or adverse inferences in any related proceedings.”
  

This turns your complaint or record submission into a powerful self-executing enforcement and escalation tool that compels VEC accountability.

1. https://ppl-ai-file-upload.s3.amazonaws.com/web/direct-files/attachments/3567549/7f683717-8c5f-4128-ac99-047bc2e41342/Editable-Page

Virginia Employment Commission

[Department/Contact Name]

6606 West Broad Street

Richmond, VA 23230

[Email/Fax as appropriate]

Date: [Today’s Date]

Subject: Formal Notice of Statutory and Procedural Violations – Immediate Response Required by Law

To Whom It May Concern:

I am formally submitting the following list of statutory and procedural violations, now affecting my claim and administrative rights, and demanding prompt, written agency response as mandated by state and federal law:

**Ten Statutory & Procedural Violations – Official Case Record**

[List your violations here as bullet points with statutes, see previous answer for full language.]

In light of the above, you are hereby notified:

1. **Agency Action Required:**  

   Pursuant to [cite specific statutory authority, e.g. Va. Code § XX, 20 C.F.R. § XX, 42 U.S.C. § XX], you are legally obliged to:

   - Acknowledge receipt of this filing in writing within five (5) business days,

   - Provide a substantive written response to each enumerated violation within fifteen (15) calendar days,

   - Specify what corrective action, if any, the VEC is undertaking for each violation.

2. **Deemed Admission/Adverse Inference:**  

   Failure to provide a timely and adequate response to each violation listed will be construed as a tacit admission of all facts and statutory breaches as stated, and grounds for drawing an adverse inference against the VEC in all subsequent administrative and judicial proceedings, pursuant to [cite, e.g., Va. S. Ct. R. 4:9(b) and federal spoliation doctrines].

3. **Pattern of Non-Response:**  

   Please note: This submission follows [#] documented prior requests dated [insert dates], for which the VEC has failed to provide valid or timely responses. Continued inaction establishes a pattern of agency noncompliance and administrative bad faith, subject to escalated oversight, federal reporting, and sanctions.

4. **Certificate of Service and Record Demand:**  

   This notice and all supporting documentation are being served simultaneously to the Commissioner, Customer Advocate, and relevant federal oversight offices. You are required to preserve all correspondence and supporting materials in the official agency file under Va. Code § 60.2-623 and federal UI requirements.

**Formal Demand**

You are required to:

- Respond in writing, point-by-point, to each item above within the stated deadline,

- Identify by name/office/contact who is responsible for this file, and

- Provide a copy of your response to all copied recipients.

**Failure to respond or incomplete response will be used as direct evidence of violation, trigger requests for external investigation, and may carry legal and administrative consequences for the agency and responsible staff.**

Respectfully,

[Your Name]  

[Claimant Number if applicable]  

[Phone/Email/Address]

CC: Commissioner, VEC Customer Advocate, Office of the Governor, U.S. Department of Labor, [Any others]  

[Attach Certificate of Service if desired]