reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › PROVISIONS FOR FORMAL PROCEEDINGS › Section 95.100 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a period
				  of time is referred to in the act or in a rule or order, the period in all
				  cases will be so computed as to exclude the first and include the last day of
				  the period.
(b) Whenever the last
				  day of a period falls on a Saturday or Sunday or on a day made a legal holiday
				  by the laws of the Commonwealth or of the United States, the day will be
				  omitted from the computation.
(c)
				  For purposes of computation of time under sections 301(18) and 605(7)(ii) of
				  the act (43 P. S. §§
											1101.301(18) and
				  1101.605(7)(ii)), time will
				  be computed backward from the date of expiration of the collective bargaining
				  agreement.
The provisions of this §
												95.100 issued under section 4(b)
						of the Pennsylvania Labor Relations Act (43 P.S. §
													211.4(b)); and the Public
						Employe Relations Act (43 P.S. §§
													1101.101-1101.2301).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › CONTRIBUTIONS › Section 95.111 - Political contributions

Current through Register Vol. 54, No. 28, July 13, 2024
An employe organization which has made contributions out of
					 funds of the employe organization either directly or indirectly to a political
					 party or organization or in support of a political candidate for public office
					 shall file a report with the Board which shall contain the following:
(1) A statement describing the dates, places
				  of occurrence, amounts and beneficiaries of the contributions.
(2) The signatures of the president and
				  treasurer or corresponding principals of the employe organization.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part V - Labor Relations Board › Chapter 95 - PUBLIC EMPLOYEES › CONTRIBUTIONS › Section 95.112 - Illegal contributions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  individual who has knowledge of a political contribution or other activity by
				  an employe organization thought to be in violation of section 1701 of the act
				  (43
				  P. S. §
											1101.1701) may file a report
				  with the Board. The report shall be signed and sworn to before any person
				  authorized to administer oaths.
(b)
				  The report shall contain the following information:
(1) The name, address, telephone number and
				  affiliation, if any, of the charging party.
(2) A clear and concise statement of the
				  facts constituting the alleged illegal contribution, including the names of the
				  individuals involved, the name of the employe organization, and the time, place
				  of occurrence and nature of each particular contribution or act
				  alleged.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter A - GENERAL PROVISIONS › Section 101.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
					 the following meanings, unless the context clearly indicates otherwise:
Board-
The Unemployment Compensation Board
					 of Review.
Day-
A calendar day.
Department-
The Department of Labor and
					 Industry of the Commonwealth.
Department appeal office-
A Department
					 office responsible for unemployment compensation where an appeal may be filed
					 and accepted, according to the Department-provided instructions accompanying a
					 determination.
Employment office-
A public employment
					 office or branch thereof, operated by the Department or by another state or by
					 the Federal Government under agreement with the Department.
Party
-The Department, the claimant, the
					 last employer of the claimant and another employer affected by the appeal
					 proceedings.
Pennsylvania UC Claims System
-The
					 Department's information technology system of record for the filing, management
					 and processing of unemployment compensation claims and appeals.
Personal delivery
-Delivery by or on behalf
					 of a party that is not enumerated in §
										101.82(b)(1)
					 -(4.1) (relating to time for filing appeal from determination of Department)
					 where a person personally files the appeal at a Board office or workforce
					 investment office.
Referee-
A referee of the Board.
Tribunal-
The Board or one of its
					 referees.
Workforce investment office-
An office
					 where the Department provides employment services under the Wagner-Peyser Act (
					 29 U.S.C.A. §§
											49-
					 49m ). A workforce investment
					 office may be identified as a Team Pennsylvania CareerLink.
The provisions of this §
												101.2 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).
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 101.21 - Conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a
					 hearing the tribunal may examine the parties and their witnesses. Where a party
					 is not represented by counsel the tribunal before whom the hearing is being
					 held should advise him as to his rights, aid him in examining and
					 cross-examining witnesses, and give him every assistance compatible with the
					 impartial discharge of its official duties.
(b) The tribunal shall determine the order in
					 which the evidence shall be presented in hearings. Within the discretion of the
					 tribunal, the parties shall be permitted to present evidence and testimony
					 which they believe is necessary to establish their rights.
(c) Hearings under this part shall be open to
					 the public, subject to the availability of suitable and reasonable facilities.
					 However, the tribunal conducting a hearing may close the hearing as to other
					 than interested parties to the extent necessary to protect the interests and
					 rights of the claimant or employer to a fair hearing.
This section cited in 34 Pa. Code §
													101.86 (relating to appeal
						  hearings).
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 101.22 - Consolidated hearings

Current through Register Vol. 54, No. 28, July 13, 2024
When the same or substantially similar evidence is
						relevant and material to the matters at issue in the petition for appeal
						concerning claims filed by more than one individual or, in multiple appeals,
						filed by single individuals or their authorized representatives, the same time
						and place for considering each appeal and claim may be fixed; hearings thereon
						jointly conducted; a single record of the proceedings made; and evidence
						introduced with respect to an appeal or claim considered as introduced with
						respect to appeals or claims if, in the judgment of the Board or referee having
						jurisdiction of the proceeding, such consideration will not be prejudicial to
						any party.
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 101.23 - Continuance of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Continuance
					 of a hearing will be granted only for proper cause and upon the terms as the
					 tribunal may consider proper. The inability of a party to attend a hearing
					 because he received less than 7 days notice will be considered proper cause for
					 continuance of a hearing.
(b)
					 Within the discretion of the tribunal, a continuance will not, however, be
					 granted merely because of the absence of a witness, unless it appears that the
					 testimony and evidence he could give would be competent and relevant to the
					 issues involved and that the information is essential to a proper determination
					 of the case.
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 › WITNESSES › Section 101.31 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
The issuance of subpoenas to compel the attendance of
						witnesses and the production of books, papers, correspondence, memoranda and
						other records and documents, may be obtained on application to the Board,
						referee, or at any local employment office. In no case may a subpoena be issued
						to require the appearance of a witness before the tribunal unless his residence
						is within 100 miles of the place fixed for his appearance.
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 › WITNESSES › Section 101.32 - Distance

Current through Register Vol. 54, No. 28, July 13, 2024
When the testimony of a witness whose residence is more
						than 100 miles from the place of hearing is deemed necessary, the referee
						before whom the hearing is being held may submit to the referee whom the
						witness can more conveniently appear, questions propounded by the parties to
						the appeal proceeding for the purpose of receiving the testimony of that
						witness. The referee to whom such questions are referred shall schedule a
						hearing and, if necessary, subpoena before him the witness by whom the
						questions are to be answered.
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 › WITNESSES › Section 101.33 - Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A witness
					 required by subpoena to attend a hearing before the tribunal shall be allowed
					 witness fees and mileage at the rate fixed by the Department. The fees and
					 mileage shall be approved by the tribunal before whom the witness was required
					 to appear.
(b) In the hearing of
					 each case, the tribunal shall list the names and addresses of witnesses who
					 appeared at the hearing, together with the witness fee and the mileage allowed
					 each witness. In each case the fees and expenses for witnesses properly
					 subpoenaed shall be included as part of the expense of the appeal proceeding
					 under section 506 of the Unemployment Compensation Law (43 P. S. §
												825).
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 › WITNESSES › Section 101.34 - Failure to appear

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a
					 person refuses, fails or neglects to comply with a subpoena issued under the
					 Unemployment Compensation Law (43 P. S. §
												826), or refuses, fails or neglects to
					 produce books, papers, correspondence, memoranda or other records and
					 documents, a party to the appeal proceedings may request the Board to petition
					 a Court of Common Pleas having jurisdiction to require the person subpoenaed to
					 appear and give testimony and to produce the books, papers, correspondence,
					 memoranda or other records and documents described in the subpoena.
(b) The request to the Board shall be in
					 writing and shall set forth the facts as to the issuance and service of the
					 subpoena, including a description of the books, papers, correspondence,
					 memoranda or other records and documents as contained in the subpoena, and a
					 statement as to the residence and present whereabouts of the person subpoenaed.
					 The Board will give notice by mail to the person alleged to have refused,
					 failed or neglected to comply with the subpoena, and unless, within 5 days
					 after the mailing of the notice, he shows cause why he did not comply, the
					 Board may proceed to compel such compliance as provided in this part.
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 › COUNSEL › Section 101.41 - Approval of counsel fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 702 of the Unemployment Compensation Law (43 P. S. §
												862), an individual claiming compensation in
					 a proceeding before the Board or referee, may be represented by counsel or
					 other authorized agent. Ordinarily, the amount of the fee for the service may
					 be agreed upon between the claimant and counsel or authorized agent. However,
					 if an issue is raised as to the amount of the fee, a petition or other written
					 communication may be filed with the Board setting forth in detail the nature
					 and extent of the services rendered to the claimant, the amount of benefits to
					 which the claimant was potentially entitled at the beginning of the current
					 benefit year, and the amount of compensation obtained by the
					 claimant.
(b) In connection with
					 the consideration of a petition or other written communication that raises an
					 issue as to the amount of the fee for services rendered, the Board will apply
					 the rule that the fee charged or received for the service may not exceed 5% of
					 the amount of benefits to which the claimant was potentially entitled at the
					 beginning of his current benefit year, except that in mass or token appeal
					 proceedings involving multiclaimants, if an issue is raised as to the amount of
					 the fee, the Board reserves within its discretion the right to determine the
					 amount of the fee to be approved, which will depend upon the circumstances
					 prevailing with regard to the particular proceeding.
(c) The Board will make an order upon a
					 petition or other written communication without a hearing. Notice of an order
					 will be served upon both the claimant and counsel or authorized agent. The
					 order will become final 10 days after the mailing of the notice thereof, unless
					 objections to the order are filed. Objections to the order will be disposed of
					 and decided in such manner as the Board may prescribe.
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 › PROCEDURE › Section 101.51 - Absence of party

Current through Register Vol. 54, No. 28, July 13, 2024
If a party notified of the date, hour and place of a
						hearing fails to attend a hearing without proper cause, the hearing may be held
						in his absence. In the absence of all parties, the decision may be based upon
						the pertinent available records. The tribunal may take such other action as may
						be deemed appropriate.
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 › PROCEDURE › Section 101.52 - Investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where, in the
					 determination of an appeal, the report of an investigation is to be used
					 adversely to the interests of any party, the report, if objected to, may not be
					 introduced as evidence and considered in the disposition of the appeal unless a
					 continued hearing has been held at which the persons who furnished the
					 information contained in the report appeared and the party adversely affected
					 was afforded an opportunity for cross-examination and rebuttal. If the person
					 who furnished the information appears but the party adversely affected fails to
					 appear, the latter shall be deemed to have been afforded a reasonable
					 opportunity for cross-examination and rebuttal.
(b) The tribunal may continue the hearing of
					 an appeal and make an investigation either in person or through an investigator
					 or other designated person when the hearing has failed to produce sufficient
					 evidence to establish adequate findings as to the material facts or where there
					 is reason to doubt the reliability of the evidence submitted, and when efforts
					 to compel the attendance of the party or witness whose evidence is desired have
					 failed. Information obtained in this manner shall be introduced into the record
					 of evidence only under the same conditions (applicable to other investigations)
					 as prescribed in subsection (a).
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 › PROCEDURE › Section 101.53 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
Mailing of notices, orders or decisions of a referee, or
						of the Board to the parties at their last known addresses, or issuance by
						electronic transmission when permitted by law and this chapter, as furnished by
						the parties to the referee, the Board or the Department, shall constitute
						notice of the matters therein contained.
The provisions of this §
													101.53 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).
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 › PROCEDURE › Section 101.54 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The proceedings
					 of appeal hearings, at both referee and Board levels shall be recorded and
					 preserved for a period of 2 years. The record need not be transcribed unless a
					 further appeal is filed. In the event an application for further appeal is
					 filed from the decision of a referee, the record shall be transcribed and
					 transmitted to the Board, together with records and documents in the appeal
					 proceeding. At any time the Board may require the complete record of a case, or
					 a part thereof, to be transcribed and filed with the Board.
(b) When an interested party or his
					 representative requests information from the file of the Board in order to
					 present and maintain the issues at a hearing before a referee or the Board, or
					 in an appeal to the Court, such information (including the hearing transcript,
					 where the record has been transcribed) shall be made available at a reasonable
					 time to the party and his representative, without charge, at the office of the
					 referee to whom the case was assigned or at the central office of the Board in
					 Harrisburg, Pennsylvania, whichever is more convenient to the interested party
					 or his representative, for examination, copying and making notations therefrom.
					 An examination of the file shall be permitted only for purposes relating to the
					 Unemployment Compensation Law (43 P. S. §§
												751-882) and for no other proceeding or
					 purpose.
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 › PROCEDURE › Section 101.55 - Withdrawal or discontinuance of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A party who has filed an appeal may withdraw and
						discontinue it with the approval of the tribunal before whom the appeal is
						pending. Forms for withdrawal of appeal may be obtained from the office of the
						Board, a referee or a local employment office.
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 101.62 - Disqualification to participate in hearing or decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No referee, member of the Board or
					 employe of the Department shall participate in the hearing or determination of
					 any case in which he himself is an interested party. The Board will designate
					 an alternate to serve in the absence or disqualification of any
					 referee.
(b) A referee or member of
					 the Board may be challenged at any time by an interested party prior to the
					 disposition of an appeal by the referee or the Board, whichever is the subject
					 of the challenge. A challenge to the referee may be presented orally at a
					 scheduled hearing conducted by the designee of the Board and made a part of the
					 record, or a written challenge may be filed with the Board. The challenge to a
					 referee will be decided by the Board. A challenge to a member of the Board may
					 be presented orally at a scheduled hearing before the Board or its designee and
					 made a part of the record, or a written challenge may be filed with the Board.
					 The challenge to a particular Board member shall be decided by the other Board
					 members. If it is not feasible for the other Board members to reach a decision,
					 the Board will request the Secretary of the Department to make a decision on
					 the challenge.
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 › COPIES OF TESTIMONY › Section 101.71 - Copies on request

Current through Register Vol. 54, No. 28, July 13, 2024
If a party to a proceeding shall file with the referee or
						the Board, a statement that a transcribed copy of the record of the testimony,
						or a part thereof, is necessary to a proper presentation of his case, either
						before the referee or the Board, a transcribed copy of the record of the
						testimony, or an indicated part thereof, shall be furnished to him without
						charge. In the event of an appeal from the decision of the Board to the
						Commonwealth Court, a party may request a transcribed copy of the record of the
						testimony, and it shall be furnished without charge.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.81 - Filing of appeal from determinations of Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Appeal forms may be obtained from a
				  Department appeal office, a workforce investment office or the Board's appeals
				  system administrator in Harrisburg and from the Department website (
www.dli.state.pa.us
).
(b) Information about filing an appeal may be
				  obtained from a Department appeal office, Board office and the Department's
				  website. The Department will provide appeal instructions with each
				  determination, including the address and fax number of a Board office,
				  workforce investment office or a Department appeal office where appeals may be
				  filed.
(c) An appeal from a
				  determination of the Department shall be filed with a Department appeal office,
				  a workforce investment office or a Board office and shall contain the following
				  information:
(1) The name and address of the
				  claimant.
(2) The Social Security
				  number of the claimant, if known.
(3) The date of the determination which is
				  being appealed.
(4) The reasons for
				  appeal.
(5) The name and address of
				  the appellant.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.82 - Time for filing appeal from determination of Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party seeking to appeal a Department
				  determination shall file an appeal in the form and manner specified in §
										101.81 (relating to filing of
				  appeal from determination of Department) and this section no later than 21 days
				  after the "determination date" on the determination.
(a.1) The Department will mail a copy of the
				  determination to the party's last known post office address or transmit it
				  electronically, as designated by the party.
(b) A party may file a written appeal by any
				  of the following methods:
(1)
United
				  States mail.
The filing date will be determined as follows:
(i) The date of the official United States
				  Postal Service postmark on the envelope containing the appeal, a United States
				  Postal Service Form 3817 (Certificate of Mailing) or a United States Postal
				  Service certified mail receipt.
(ii) If there is no official United States
				  Postal Service postmark, United States Postal Service Form 3817 or United
				  States Postal Service certified mail receipt, the date of a postage meter mark
				  on the envelope containing the appeal.
(iii) If the filing date cannot be determined
				  by any of the methods in subparagraph (i) or (ii), the filing date will be the
				  date recorded by the Department, the workforce investment office or the Board
				  when it receives the appeal.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.83 - Notification of filing of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Notice of an appeal having been filed shall be furnished by
					 the local employment office wherein the appeal was filed, to the central office
					 of the Board and to each party to the claim proceedings, by personal delivery
					 or by mailing it to his last known post office address.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.84 - Jurisdiction of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
				  may hear and dispose of an appeal without referring it to a referee. However,
				  unless the Board assumes original jurisdiction, the appeal shall be assigned
				  promptly to a referee for hearing.
(b) The Board may also remove or transfer an
				  appeal pending before a referee at any time. When an appeal pending before a
				  referee is transferred by the Board to another referee a hearing shall be held
				  before the referee by whom the appeal is to be decided.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.85 - Notice of appeal hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  tribunal by which the appeal is to be heard shall schedule the appeal promptly
				  for hearing and give at least 7 days' notice of the hearing to the parties and
				  their counsel or authorized agent of record, specifying the date, hour and
				  place of hearing and specific issues to be covered at the hearing.
(b) Exclusive of cases which involve an issue
				  as to the amount or sufficiency of wages of a claimant in covered employment,
				  an exception may be made to the 7-day rule and hearings may be scheduled upon
				  shorter notice, but not less than 3 days, so that newly received appeals may be
				  included in the itinerary of the referee of scheduled hearings at outlying
				  points. If a hearing is scheduled with less than 7 days' notice, affected
				  parties shall be instructed to notify the referee immediately, if it is not
				  convenient for them to attend the hearing. If it is inconvenient for an
				  affected party to attend a hearing on short notice, the appeal shall be
				  rescheduled promptly for hearing.
(c) If hearings on more than one appeal are
				  to be scheduled and conducted jointly, each party shall be notified in his
				  notice of hearing that a joint hearing will be held, that a single record of
				  the proceedings will be made and that evidence introduced with respect to an
				  appeal will be considered as introduced with respect to all.
The provisions of this §
												101.85 amended under sections
						203(d) and 505 of the Unemployment Compensation Law (43 P. S. §§
													763(d) and
						825).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.86 - Appeal hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Hearings shall be held at places determined by the tribunal which shall be
				  reasonably convenient to each of the parties concerned. During the hearing each
				  party shall be given the opportunity to submit testimony or evidence in support
				  of his contentions. Also, each party shall have the right to present oral or
				  written argument and be afforded the opportunity to reply to the arguments and
				  contentions of the other parties.
(b) If the scheduled hearing is not in the
				  county where the claimant regularly reports for work, the employer may make a
				  written request that a separate hearing be scheduled in such county, and such
				  request shall be granted where it is established that it is impracticable
				  because of the distance for the employer or his representative to attend the
				  regularly scheduled hearing in the area where the claimant is
				  located.
(c) The hearing of an
				  appeal from the decision of the Department shall be conducted in the manner
				  provided in §
										101.21 (relating to conduct of
				  hearings).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.87 - Issues considered on original appeal

Current through Register Vol. 54, No. 28, July 13, 2024
When an appeal is taken from a decision of the Department,
					 the Department shall be deemed to have ruled upon all matters and questions
					 pertaining to the claim. In hearing the appeal the tribunal shall consider the
					 issues expressly ruled upon in the decision from which the appeal was filed.
					 However, any issue in the case may, with the approval of the parties, be heard,
					 if the speedy administration of justice, without prejudice to any party, will
					 be substantially served thereby.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.88 - Decision on original appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The tribunal shall affirm, modify or reverse the decision
					 of the Department as shall appear just and proper from the evidence submitted.
					 The decision shall be rendered promptly after the conclusion of the hearing and
					 shall set forth the following:
(1) The
				  names and addresses of parties involved, appeal number and claimant's social
				  security number.
(2) A history of
				  the case, including the date of application for benefits, claim week ending
				  dates, date of appeal and identity of appellant.
(3) The date and nature of the determination
				  (decision) being appealed.
(4)
				  Findings of fact.
(5) Reasons for
				  the decision.
(6) Conclusions of
				  law.
(7) The order.
This section cited in 34 Pa. Code §
												101.109 (relating to decision of
						Board).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.89 - Notice of decision

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of the decision of the tribunal shall be mailed to
					 each party's last known post office address or transmitted electronically, as
					 designated by the party, including each party's counsel or authorized agent.
					 The decision date shall be the date the decision is posted on the Pennsylvania
					 UC Claims System and available for viewing.
The provisions of this §
												101.89 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter C - APPEALS FROM DETERMINATIONS OF DEPARTMENT › Section 101.90 - Further appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 21
				  days after the decision of a referee, the claimant, the Department or an
				  affected employer may file an application for a further appeal with the
				  Board.
(b) The decision of the
				  Board on an original appeal will become final the date it is rendered. Within
				  30 days after the decision of the Board becomes final, the claimant, the
				  Department or an affected employer may file an appeal with the Commonwealth
				  Court.
The provisions of this §
												101.90 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.101 - Review by Board

Current through Register Vol. 54, No. 28, July 13, 2024
Upon application to the Board (petition for further appeal
					 to the Board), or on its own motion, the Board may review an appeal which has
					 been decided by a referee. Notice of the removal of a case to the Board shall
					 be mailed to the last known post office address of each interested
					 party.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.102 - Form and filing of application for further appeal from decision of

Current through Register Vol. 54, No. 28, July 13, 2024
A party shall file an appeal from a referee's decision in
					 accordance with §§
										101.81 and
					 101.82 (relating to filing of
					 appeal from determination of Department; and time for filing appeal from
					 determination of Department).
This section cited in 34 Pa. Code §
												101.111 (relating to
						reconsideration by Board).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.103 - Notification of filing of application for further appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Notice of the application for the allowance of an appeal
					 (petition for further appeal) shall be furnished by the local employment office
					 wherein such application was filed, to the central office of the Board and to
					 each party to the claim proceedings, by personal delivery or by mailing it to
					 his last known post office address.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.104 - Allowance or disallowance of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may allow or disallow any
				  application for a further appeal without hearing, solely on the basis of the
				  application and the record.
(b) If
				  the further appeal is disallowed, the Board will enter an order of
				  disallowance, notification or a copy of which order shall be mailed to each
				  party, his counsel or authorized agent, at their last known post office
				  addresses.
(c) If the further
				  appeal is allowed by the Board, or if the Board removes an appeal from the
				  referee to the Board and on its own motion assumes jurisdiction of the appeal,
				  notification shall be mailed to the last known post office address of each
				  interested party. The Board will review the previously established record and
				  determine whether there is a need for an additional hearing. Under section 504
				  of the Unemployment Compensation Law (43 P. S. §
											824), the Board may affirm, modify or reverse
				  the decision of the referee on the basis of the evidence previously submitted
				  in the case, or the Board may direct the taking of additional evidence, if in
				  the opinion of the Board, the previously established record is not sufficiently
				  complete and adequate to enable the Board to render an appropriate decision.
				  The further appeal shall be allowed and additional evidence required in any of
				  the following circumstances:
(1) Whenever the
				  further appeal involves a material point on which the record below is silent or
				  incomplete or appears to be erroneous.
(2) It appears that there may have been a
				  denial of a fair hearing under the rules.
(3) Under §
											101.24 (relating to reopening of
				  hearing) a request for reopening received after the decision of the referee was
				  issued which constitutes a request for further appeal to the
				  Board.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.105 - Notice of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Board
				  determines that a further hearing is necessary, the tribunal shall give at
				  least 7 days' notice of the scheduled hearing to the parties and their counsel
				  or authorized agent of record, with specific instructions regarding the date,
				  hour and place of hearing, and specific issues to be covered at the
				  hearing.
(b) If hearings on more
				  than one appeal are to be scheduled and conducted jointly, each party shall be
				  notifed in his notice of hearing that a joint hearing will be held, that a
				  single record of the proceedings will be made and that evidence introduced with
				  respect to an appeal will be considered as introduced with respect to
				  all.
The provisions of this §
												101.105 amended under sections
						203(d) and 505 of the Unemployment Compensation Act (43 P. S. §§
													763(d) and
						825).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.106 - Scope of review

Current through Register Vol. 54, No. 28, July 13, 2024
In connection with the consideration of an appeal to the
					 Board from the decision of a referee, the Board may review both the facts and
					 the law pertinent to the issues involved on the basis of the evidence
					 previously submitted, or direct the taking of additional testimony. In any case
					 the Board may limit the parties to oral argument or the filing of a written
					 argument or both.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.107 - Issues considered on appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  In connection with the consideration of an appeal to the Board from the
				  decision of a referee, the Board may consider an issue in the case though not
				  expressly ruled upon in the decision of the Department or the referee and
				  though not previously raised in the claim or appeal proceedings. However,
				  issues not previously considered or raised will not be considered by the Board,
				  either upon application for, or in the determination of an appeal unless the
				  speedy administration of justice, without prejudice to any party, will be
				  substantially served thereby and are supported by the record.
(b) The Board shall consider the issues
				  expressly ruled upon in the decision from which the appeal was filed. However,
				  any issue in the case, with the approval of the parties, may be determined
				  though not expressly ruled upon or indicated in the notice of hearing, if the
				  speedy administration of justice, without prejudice to any party, will be
				  substantially served thereby and are supported by the record.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.108 - Appeal hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
				  Board determines that a further hearing is necessary, such hearing shall be
				  held at a location to be determined by the Board and shall be conducted in the
				  manner provided in the general rules as set forth in this part. Hearings for
				  taking additional evidence shall be held at places reasonably convenient to the
				  parties concerned.
(b) Where an
				  appeal is remanded to a referee for the taking of additional evidence, the
				  referee shall either render a new decision or submit the entire file and
				  completed record of testimony for Board consideration and determination, as
				  directed in the remanding order of the Board.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.109 - Decision of Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may affirm, modify, or reverse the findings of
					 fact and the decision of the referee as shall appear just and proper on the
					 basis of all the evidence submitted in the case. The decision shall set forth
					 information described in §
										101.88 (relating to decision on
					 original appeal).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.110 - Notice of decision of Board

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of the decision of the Board shall be mailed to each
					 party's last known post office address or transmitted electronically, as
					 designated by the party, including each party's counsel or authorized agent.
					 The decision date shall be the date the decision is posted on the Pennsylvania
					 UC Claims System and available for viewing.
The provisions of this §
												101.110 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.111 - Reconsideration by Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within
				  15 days after the issuance of the decision of the Board, as may be determined
				  by the provisions of §
										101.102 (relating to form and
				  filing of application for further appeal from decision of referee), any
				  aggrieved party may request the Board to reconsider its decision and if
				  allowed, to grant further the opportunity to do the following:
(1) Offer additional evidence at another
				  hearing.
(2) Submit written or oral
				  argument.
(3) Request the Board to
				  reconsider the previously established record of evidence.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter D - APPEALS FROM DECISION OF REFEREE › Section 101.112 - Appeal from decision of Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  An order of the Board disallowing a further appeal from the decision of a
				  referee, or the decision of the Board where an appeal is allowed, shall become
				  final the date it is rendered.
(b)
				  Within 30 days after the order or decision of the Board becomes final, the
				  claimant, the Department, or any affected employer may take an appeal to the
				  Commonwealth Court.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter E - TELEPHONE HEARINGS › Section 101.127 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In-person
				  testimony is normally preferable to testimony by telephone; however, there can
				  be reasons to justify receiving testimony by telephone. This subchapter is
				  promulgated to provide the conditions under which testimony by telephone will
				  be scheduled and received, to safeguard the due process rights of the parties,
				  and to ensure that testimony by telephone is received under uniformly applied
				  rules. Testimony by telephone may be received only if specifically authorized
				  by this subchapter.
(b) When the
				  general rules of this chapter conflict with this subchapter, this subchapter
				  controls.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter E - TELEPHONE HEARINGS › Section 101.128 - Scheduling of telephone testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The tribunal may schedule, on its own motion, testimony by telephone of a party
				  or witness when it appears from the record that the party or witness is located
				  at least 50 miles from the location at which the tribunal will conduct the
				  hearing, without regard to State boundaries.
(b) The tribunal may schedule testimony by
				  telephone of a party or witness, at the request of one or more parties, when
				  one of the following applies:
(1) The parties
				  consent to the receipt of testimony by telephone.
(2) The party or witness is reasonably unable
				  to testify in person due to a compelling employment, transportation, or health
				  reason, or other compelling problem.