Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter B - PROVISIONS GOVERNING HEARINGS BEFORE THE DEPARTMENT OR REFEREE › DISMISSAL AND DISQUALIFICATION › Section 101.61 - Dismissal if filing of appeal or application for further appeal is late

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an appeal
					 from a decision of the Department or an application for further appeal appears
					 to have been filed beyond the applicable time limit, the tribunal shall advise
					 the appealing party in writing that it appears not to have a jurisdiction
					 because of the late filing, and that the appeal or application for further
					 appeal will be dismissed without a hearing unless the appealing party notifies
					 the tribunal in writing within the succeeding 15 days from the date of such
					 notice, that he contends the appeal or application for further appeal was
					 timely filed and that he desires a hearing. If no reply from the appealing
					 party is received within the 15-day period, or if the appealing party does not
					 request a hearing, the tribunal shall dismiss the appeal or application for
					 further appeal.
(b) If an appeal
					 has been filed from a decision of the Department, which appears to have been
					 filed beyond the applicable time limit, and a request for a hearing is received
					 within the 15-day period, the case shall be assigned to a referee for hearing
					 on the issue of the timeliness of the appeal, and on the merits, if it appears
					 that the appeal was in fact timely filed. Notice of the hearing will be mailed
					 to the last known post office address of each interested party. If the referee
					 finds that the appeal was not timely filed, he shall issue a decision only on
					 this issue. If the referee finds that the appeal was timely filed, he shall
					 issue a decision not only on the issue of the timeliness of the appeal, but
					 also on the merits of the case.
(c)
					 If an application for further appeal has been filed, which appears has been
					 filed beyond the applicable time limit, and a request for a hearing is received
					 by the Board within such 15-day period, the case shall be assigned to a referee
					 to conduct a hearing for and on behalf of the Board on the issue of the
					 timeliness of the application for further appeal, and on the merits, if it
					 appears that the appeal was in fact timely filed. Notice of the hearing shall
					 be mailed to the last known post office address of each interested party. If
					 the Board finds that the application for further appeal was not timely filed,
					 the Board will issue a decision only on this issue. If the Board finds that the
					 application for further appeal was timely filed, the Board will proceed to
					 either allow or disallow the application for further appeal, and notification
					 thereof shall be mailed to the last known post office address of each
					 interested party. If the application for further appeal is allowed, the Board
					 will proceed to review the established record and render a decision on the
					 merits of the case.