Bacon's Rebellion

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Pass Me the Napkin, Please. I Need to Write an Appeal.

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Dick Hall-Sizemore
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Carrie Roth, VEC Commissioner. Photo credit: Richmond Times-Dispatch

by Dick Hall-Sizemore

The Youngkin administration has come up with a new way to deal with the backlog of appeals filed with the Virginia Employment Commission (VEC): reduce the amount of time claimants and employers have to file an appeal to the agency’s decision.

As reported by the Richmond Times-Dispatch, a House subcommittee has acted favorably on HB 1639, introduced by Del. Wendell Walker, R-Lynchburg, at the request of the administration. The bill would give claimants and employers 15 days instead of 30 to appeal decisions on claims for unemployment insurances, as well as to ask for a review of an initial appeal ruling.

The administration and the bill’s proponents contend that the bill would make the process more efficient. “The impetus behind this is to make sure we give them a very timely final decision in an expedited fashion,” VEC Commissioner Carrie Roth told the subcommittee.

In reply to Democrats’ concerns that people who might want to appeal could be “disenfranchised,” Roth replied that filing an appeal is not difficult. Apparently inspired by Arthur Laffer, she said, ““You can write it on a napkin and we will accept that appeal.”

Appeals filed on napkins would certainly enable the VEC to speed up the process of reviewing appeals.

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Comments

16 responses to “Pass Me the Napkin, Please. I Need to Write an Appeal.”

  1. James McCarthy Avatar
    James McCarthy

    This is a tactic that is becoming a popular measure in election integrity – reducing time periods to vote, e.g., never on Sunday.

    1. WayneS Avatar
      WayneS

      Reducing time periods to vote? What are you talking about? There has never been a time in our country’s history when the time periods during which people can vote were longer than they are right now.

      People used to have to go to the polls on election day, and only on election day, in order to vote. And absentee voting actually took some planning and effort on the part of the voter.

    2. WayneS Avatar
      WayneS

      Reducing time periods to vote? What are you talking about? There has never been a time in our country’s history when the time periods during which people can vote were longer than they are right now.

      People used to have to go to the polls on election day, and only on election day, in order to vote. And absentee voting actually took some planning and effort on the part of the voter.

      1. DJRippert Avatar
        DJRippert

        Exactly right. Nobody should have an excuse for not voting with the extended voting periods, absentee voting for any reason or no reason, voting by mail, etc.

      2. Matt Adams Avatar
        Matt Adams

        I recall having to justify why I was using a mail in ballot when I had to request it myself. I also had to follow all the rules to get that vote accepted.

        Now, they just send out mail in ballots to everyone and go to court when the written instructions are followed.

  2. Stephen Haner Avatar
    Stephen Haner

    Good bill. The 15-day limit can we waived for good cause, as in “the dog bit the mailman and I didn’t get the notice.” Given the human propensity to procrastination, I see value in getting those who want to appeal off their couch. If you are going back and forth for four weeks, four weeks!, you are not that offended by the decision.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I have no idea what is involved in filing an appeal; how much information is required, whether a lawyer is needed, etc. It must be somewhat complicated because the General Assembly in 1999, in a bill introduced by a Republican delegate and signed by a Republican governor, increased time period from 21 days to 30 days. https://lis.virginia.gov/cgi-bin/legp604.exe?ses=991&typ=bil&val=hb2299

      1. Stephen Haner Avatar
        Stephen Haner

        Most of the appeals probably come from the employer side, BTW. Certainly the most contentious one’s will. Shorter time frame gives a decision sooner to the claimant who might be forced to wait for a payment or even make a refund! Whole thing is way more digital now than in 1999. You are just once again hunting to something to attack Youngkin with. Find better ammo. 🙂

        1. Dick Hall-Sizemore Avatar
          Dick Hall-Sizemore

          Hey, didn’t you see my piece on the mental health plan? I am not always attacking Youngkin.

        2. Nancy Naive Avatar
          Nancy Naive

          Then limit the employer and leave the former employee limit at 30 days. No law says you have to be equal.

          1. WayneS Avatar
            WayneS

            I like it!

      2. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        If one has to lay out the entire case for an appeal, I would agree that 15 days is not enough. If, on the other hand, all one needs to do is provide notice of appeal and describe the issue in a paragraph, 15 days is likely sufficient. It’s very unlikely that either party doesn’t know what the issues are.

        1. Nancy Naive Avatar
          Nancy Naive

          The Bill says “appeal” and not “notice of appeal”. Now, if one can file changes to an appeal, I suppose one could write on that napkin just about anything and change it up later.

          1. f/k/a_tmtfairfax Avatar
            f/k/a_tmtfairfax

            If considerable details must be provided, 15 days is not enough time. I wouldn’t support the change.

  3. Nancy Naive Avatar
    Nancy Naive

    Given that a recent (November) certified, return receipt requested letter size envelope with 5 sheets of paper took 10 days from NNVa to KCMo, better send that napkin FedEx.

    1. Stephen Haner Avatar
      Stephen Haner

      Hence the “good cause” exemption. In that case, there is proof of the USPS incompetence. But I suspect most VEC notices are not certified, return receipt.

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