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(a) The Unemployment Insurance Service, designated as a division of the Virgin Islands Employment Security Agency by section 153 of this title, shall be administered in accordance with the provisions of this chapter.
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[Additional duties and powers of the Commissioner of Labor]
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(b) In addition to the duties prescribed in section 153 of this title, it shall be the duty of the Commissioner of Labor to administer this chapter; and he shall have the power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, devise such methods of procedure, and take such other action as he deems necessary or suitable to that end. The Commissioner of Labor shall appoint all employees whom he employs pursuant to the provisions of this subsection in accordance with the merit system standards which are prescribed in section 153(d) of chapter 7 of this title with respect to the appointment of employees who are employed for the administration of said chapter 7. The Commissioner may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter.
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Research and publication
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(c)
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(1) The Commissioner shall study and make recommendations on the most effective methods of providing economic security through unemployment insurance, employment service and related programs and shall take appropriate steps to promote the re-employment of unemployed workers throughout the Virgin Islands in every way that may be feasible; and to these ends shall carry on and publish the results of investigations and research studies.
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(2) The Commissioner of Labor shall cause to be printed for distribution to the public the text of this chapter, his regulations, and any other material he deems relevant and suitable, and shall furnish the same to any person upon application.
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Records and reports of employing units
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(d)
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(1) Each employing unit shall keep true and accurate work records for such periods of time and containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or his authorized representatives at any reasonable time and as often as may be necessary.
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(2) The Commissioner of Labor or a hearing examiner may require from any employing unit, with respect to persons who are performing or have performed service for it, any sworn or unsworn reports which are deemed necessary for the effective administration of this chapter.
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Preservation and destruction of agency records
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(e)
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(1) The Commissioner of Labor may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports, or transcripts thereof as he may deem suitable for the effective and economical preservation of the information contained therein, and such summaries, compilations, photographs, duplications, or reproductions, duly authenticated, shall be admissible in any proceedings under this chapter if the original record or records would have been admissible therein.
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(2) The Commissioner of Labor may provide by regulation for the destruction, after reasonable periods, of any records, reports, transcripts, other papers in his custody, or reproductions thereof, the preservation of which is no longer necessary for the establishment of contribution liability or of benefit rights, or for any other purpose necessary to the proper administration of this chapter, including any required audit thereof.
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Authority to administer oaths and issue subpoenas
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(f)
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(1) In the discharge of the duties imposed by this chapter, the Commissioner, or any duly authorized representative, shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this chapter.
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(2) In case of contumacy by any person during a hearing or other investigation under this chapter, or in case any person refuses to obey a subpoena which has been served on him under this chapter, the Commissioner, or any duly authorized representative, may apply for court order to be issued to such person. Upon such application, the order may be issued by any court of the Virgin Islands within whose jurisdiction the investigation is being carried on. The order may require such person to appear before the official who is conducting the investigation, to produce records or other evidence if so ordered by such official, and to give testimony there regarding the matter under investigation. Failure to obey such order of the court may be punished by said court as a contempt thereof.
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(3) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commissioner, or any duly authorized representative, or in obedience to a subpoena, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
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Representative of Agency in court
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(g)
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(1) In any civil action to enforce the provisions of this chapter and in any proceeding for judicial review pursuant to sections 306(e)(1) and 309(g) of this title, the Commissioner, the hearing examiner, and the Government of the Virgin Islands may be represented by any qualified attorney who is employed by the Commissioner and is designated by him for the purpose or at the Commissioner’s request, by the Attorney General, or if the action is brought in the courts of any state, by any attorney qualified to appear in the courts of that state.
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(2) All criminal actions for violation of any provision of this chapter or of any regulations issued pursuant to this chapter, shall be prosecuted by the Attorney General of the Virgin Islands.
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Disclosure of information
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(h) Except as otherwise provided in this chapter, information obtained from any employing unit or individual pursuant to the administration of this chapter, and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual’s or the employing unit’s identity. Any claimant (or his authorized representative) shall be supplied with information from the records of the agency, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter with respect thereto. The Commissioner of Labor shall disclose information to the following, in accordance with regulations which he shall prescribe: (1) any agency of any state or any federal agency, charged with the administration of any unemployment compensation program or the maintenance of a system of public unemployment offices, and (2) any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s rights to further benefits under this chapter. The Commissioner of Labor may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Federal Unemployment Tax Act and (3) public officials required for the performance of their public duties, provided that adequate safeguards are established to ensure that disclosure of such information will not be made by such public officials for any reason other than the performance of their public duties. (4) The publication requirements in section 3261, Title 33, Virgin Islands Code, shall not apply when undeliverable benefit checks are cancelled.
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Federal-State cooperation
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(i)
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(1) In the administration of this chapter, the Commissioner shall cooperate with the United States Department of Labor to the fullest extent consistent with the provisions of this chapter, and shall, in accordance with Title 3, chapter 35, Virgin Islands Code, adopt such rules and regulations, and employ such administration methods and standards as may be necessary to secure to the Virgin Islands all advantages available under the provisions of the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act and the Federal-State Extended Unemployment Compensation Act of 1970. Said rules and regulations may alter the provisions of this chapter to the extent necessary to secure such advantages but shall remain in effect only until such time as appropriate legislation to secure such advantages is enacted.
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(2) The Commissioner shall comply with the regulations and directives of the Secretary of Labor of the United States relating to the receipt and expenditure by the Virgin Islands of money granted under any of such acts, and shall make such reports, in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the Secretary of Labor may from time to time find necessary to assure the corrections and verification of such reports. The Commissioner shall afford reasonable cooperation with every agency of the United States charged with the administration of any employment security law.
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(3) The Commissioner of Labor is authorized to make such investigations, obtain and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter and of any powers granted him in chapter 7 of this title with respect to the administration of that chapter as he deems necessary or appropriate to facilitate the administration of any State or Federal public employment service law or law providing for compensation, allowances, or assistance with respect to unemployment or training and related services, and, in like manner, to accept and utilize information, services and facilities made available to the Virgin Islands by the agency charged with the administration of such other State or Federal law.
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(4) In the administration of the provisions in section 315 of this chapter, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the Commissioner shall take such action as may be necessary (i) to ensure that the provisions are so interpreted and applied as to meet the requirements of such Federal Act as interpreted by the United States Department of Labor, and (ii) to secure to the Virgin Islands the full reimbursement of the regular and extended benefits paid under this chapter that are reimbursable under the Federal Act.
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[Unemployment Insurance Advisory Council]
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(j) The Commissioner of Labor shall appoint an Unemployment Insurance Advisory Council, composed of men and women, including an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such members representing the general public as the Commissioner may designate. Such council shall aid the Commissioner in reviewing the unemployment insurance program as to its content, adequacy and effectiveness and to make recommendations for its improvement. Members of the Unemployment Insurance Advisory Council shall serve without compensation but shall be reimbursed for any travel and subsistence expense incurred, in accordance with the travel and subsistence regulations applicable to employees of the Virgin Islands Employment Security Agency. The Advisory Council shall meet as frequently as the Commissioner deems necessary but not less than twice each year. The Advisory Council shall make reports of its meetings to the Commissioner, which shall include a record of its discussions and its recommendations. The Commissioner of Labor shall make such reports available to any interested persons or groups.
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