a) Written
notice of the time, date and place of the hearing shall be mailed to the
parties at least 10 days before the date of the hearing.
b) The notice will identify the parties and
the Findings or Determination being appealed and will inform the parties of the
issues upon which the appeal is based.
c) In the event that a claimant appeals an
Adjudicator's Determination regarding a separation issue (Sections 601, 602 and
603 of the Act), and when the employing unit from which the separation occurred
is not a party, the employing unit will receive notice of hearing that it may
attend as a nonparty and present such facts and evidence as it may
possess.
d) No hearing, or part of
a hearing, shall be conducted on an issue to which the parties have not been
given notice pursuant to subsections (a) and (b) unless the notice is waived by
all parties either in writing or on the record.
e) Unless notice is waived under subsection
(d), if, during or after the hearing, the Referee determines that the facts
require a Decision under a Section of the Act different from the Section
specified in the notice given under subsections (a) and (b), or that the notice
does not accurately describe the question at issue, then the Referee shall
immediately terminate the hearing, if applicable, issue no Decision on the
merits for the Section or questions for which proper notice was not given, and
shall either:
1) Remand the unresolved issues
back to the Claims Adjudicator for a Finding or Determination on the correct
issues if facts or issues are introduced that were not previously presented to
the Claims Adjudicator; or
EXAMPLE: The Referee is examining the claimant with respect
to the reason for separation from work. During the course of the hearing, the
claimant indicates that he may not be able to work. Under the circumstances,
the Referee shall remand the case to the Claims Adjudicator for a Determination
under Section 500 of the Act.
2) Cause new notices containing the correct
issues to be mailed to the parties when the facts remain the same as presented
to the Claims Adjudicator but the incorrect issue was identified.
EXAMPLE: Based solely on the testimony of the claimant, the
Claims Adjudicator determines that the claimant was discharged from his last
job. After hearing testimony from the parties, the Referee decides that the
separation was caused by the claimant's voluntary resignation. Here, if the
parties refuse to waive notice, the Referee shall cause new notices containing
the correct issue to be mailed to the parties.
