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 › HEARINGS › Section 101.24 - Reopening of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a party
					 who did not attend a scheduled hearing subsequently gives written notice, which
					 is received by the tribunal prior to the release of a decision, and it is
					 determined by the tribunal that his failure to attend the hearing was for
					 reasons which constitute "proper cause," the case shall be reopened. Requests
					 for reopening, whether made to the referee or Board, shall be in writing; shall
					 give the reasons believed to constitute "proper cause" for not appearing; and
					 they shall be delivered or mailed-preferably to the tribunal at the address
					 shown on the notice of hearing or to the Unemployment Compensation Board of
					 Review, Labor and Industry Building, Seventh and Forster Streets, Harrisburg,
					 Pennsylvania 17121, or to the local employment office where the appeal was
					 filed.
(b) A request for reopening
					 which is received by the referee before his decision has been issued to the
					 parties shall be decided by the referee before whom the case is pending. If the
					 request for reopening is allowed, a new hearing shall be scheduled with written
					 notice thereof to each of the parties. At a reopened hearing, the opposing
					 party shall be given the opportunity to object to the reopening if he so
					 desires. If the request for reopening is denied, the referee shall append to
					 the record the request, supporting material and the ruling on the request, so
					 that it shall be subject to review on further appeal.
(c) A request for reopening the hearing which
					 is not received before the decision was issued, but is received or postmarked
					 on or before the 21st day after the decision of the referee was issued to the
					 parties, shall constitute a request for further appeal to the Board and a
					 reopening of the hearing, and the Board will rule upon the request. If the
					 request for reopening is allowed, the case will be remanded and a new hearing
					 scheduled, with written notice thereof to each of the parties. At a reopened
					 hearing, the opposing party shall be given the opportunity to object to the
					 reopening if he so desires. If the request to have the hearing reopened is
					 denied, the Board will append to the record the request, supporting material
					 and the ruling on the request, so that it shall be subject to review in
					 connection with any further appeal to the Commonwealth Court.
(d) If a request for reopening is not
					 received before the decision was issued but is received or postmarked within 15
					 days after the decision of the Board was issued to the parties, it will be
					 accepted as a request for reconsideration and a reopening of the hearing and
					 the Board will rule upon the request. If the request for reopening is allowed,
					 the Board will vacate its decision and remand the case for further hearing,
					 with written notice thereof to each of the parties. At a reopened hearing, the
					 opposing party shall be given the opportunity to object to the reopening if he
					 so desires. If the request to have the hearing reopened is denied, the Board
					 will append to the record the request, supporting material, and the ruling on
					 the request, so that it shall be subject to review in connection with any
					 further appeal to the Commonwealth Court.
The provisions of this §
													101.24 amended under section
						  203(d) of the Unemployment Compensation Law (43 P.S. §
														763(d)) and section 506 of
						  The Administrative Code of 1929 (71 P.S. §
														186).
This section cited in 34 Pa. Code §
													101.104 (relating to allowance or
						  disallowance of appeal).