34 Pa. Code § 101.62 - Disqualification to participate in hearing or decision
(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.
Notes
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