Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter E - TELEPHONE HEARINGS › Section 101.131 - Conduct of a telephone hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Before testimony is received, the tribunal will advise all parties of the right
				  to object to telephone testimony and to request an in-person hearing in
				  compliance with Subchapter B (relating to provisions governing hearings before
				  the Department or referee).
(b) A
				  party may pursue an objection to telephone testimony at the hearing and shall
				  set forth reasons in support thereof. If the objection is sustained, the
				  tribunal will reschedule the hearing at a later date, either in person or by
				  telephone, in accordance with Subchapter B or this subchapter. If the objection
				  is not sustained, the tribunal may proceed with the hearing in accordance with
				  this subchapter.
(c) At the start
				  of the hearing, the tribunal will state on the record the time and telephone
				  numbers at which the tribunal initiates the contact with any party, witness,
				  legal counsel or authorized agent who is to testify or appear by
				  telephone.
(d) The proceedings of
				  the hearing will be tape recorded to preserve the record. A person testifying
				  or appearing by telephone will be advised by the tribunal that the proceedings
				  are being tape recorded.
(e) The
				  tribunal will permit parties a reasonable opportunity to question other parties
				  or witnesses testifying by telephone for the purpose of verifying the identity
				  of the parties or witnesses. Falsification of identity may subject the parties
				  or witnesses to prosecution and punishment.
(f) A party or witness not identified to the
				  tribunal and all other parties before the beginning of the testimony will not
				  be permitted to testify by telephone. Testimony taken or given in violation of
				  this subsection will be excluded from consideration.
(g) A person may not prompt or direct the
				  testimony of a witness testifying by telephone. Testimony taken or given in
				  violation of this subsection may be excluded from consideration by the
				  tribunal, with or without an objection from a party.
(h) A document not provided as required by
				  §
										101.130(e)
				  (relating to notice of testimony by telephone and use of documents) may not be
				  admitted nor testimony given or taken from it unless consent has been requested
				  from and given by all parties. Testimony taken or given in violation of this
				  subsection will be excluded from consideration, as will the document.
(i) The oath or affirmation administered to
				  parties or witnesses testifying by telephone shall indicate that the parties or
				  witnesses will not testify from documents that are not in the record and that
				  their testimony will not be prompted or directed during the hearing by any
				  other person.
This section cited in 34 Pa. Code §
												101.128 (relating to scheduling of
						telephone testimony); and 34 Pa. Code §
												101.130 (relating to notice of
						testimony by telephone and use of
						documents).