Commenter:
Flannery O'Rourke, Virginia Poverty Law Center
Response to Proposed Changes
Proposed 16 VAC 5-80-10(B) removes the requirement that notice of a fact-finding proceeding be mailed five days before the scheduled proceeding. Requirements for advance mailings by the VEC must (at minimum) be maintained, particularly due to the USPS’s recent increase in the days for each service delivery standard. Moreover, even with recent improvements in delivery speed, nearly ten percent of all first class mail is not delivered on time. Thus, given the aforementioned changes to the USPS service standard and untimely rate, notice should be mailed 14 days prior to the fact-finding proceeding.
Proposed 16 VA 5-80-20 (B)(1) eliminates the requirement that an in-person First Level Appeals hearing be set for the regional adjudication center most convenient for the party appearing in person. This may prevent claimants from taking part in in-person hearings. Telephonic hearings reduce the appeals examiner’s ability to make complete findings of fact and law. Further, while the option of remote hearings (such as by Zoom or Microsoft Teams) should be added, this alone will not remediate the adverse effect of the proposed change as more than 900,000 Virginians lack broadband access.
16 VAC 5-80-20(B)(4) provides that notice of hearing be mailed to all parties at least 10 days advance of the hearing. Given the aforementioned changes to the USPS service standard and the rate of deliveries beyond the standard, notice should be given at least 30 days advance of the hearing.
Proposed 16 VAC 5-80-30 (B)(3) limits the availability of telephonic hearings for second level appeals to VEC discretion. Parties should have the choice between telephonic and in person hearings.
