34 Pa. Code § 101.104 - Allowance or disallowance of appeal
(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.
(d) If the Board
determines that a further hearing is necessary, the case shall be remanded to a
referee for the purpose of scheduling another hearing, at which hearing the
referee shall serve as a hearing officer for the Board, to receive from the
parties the additional information as may be pertinent and material to a proper
conclusion in the case. After the record has been completed, the entire file
and record of evidence shall be returned to the Board for its consideration and
the further action as may be deemed appropriate.
(e) Whether or not another hearing is
scheduled in connection with the further appeal, any of the interested parties
may file a written request for oral or written argument. In response to the
request, or on a motion by the Board, oral argument may be scheduled before the
Board, at which time written briefs with five copies may be submitted for the
consideration of the Board. Otherwise, the normal time allowed for submitting
written argument shall be 7 days from the date of the request, which, with the
approval of the Board, may be extended due to extenuating circumstances. Each
party shall be afforded the opportunity to reply to the arguments and
contentions of the other parties.
Notes
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