PRIOR PRINTER'S NO. 3451 PRINTER'S NO. 4222
No. 2440 Session of 2004
INTRODUCED BY HUTCHINSON, TURZAI, REED, MUSTIO, BOYD, HARRIS,
CRAHALLA, FAIRCHILD, T. STEVENSON, MARSICO, CAPPELLI, CAUSER,
KILLION, HERSHEY, LEH, BAKER, PAYNE, PICKETT, SCAVELLO,
R. STEVENSON, HERMAN, REICHLEY, R. MILLER, E. Z. TAYLOR,
GINGRICH, ZUG, STERN, BARD, McILHATTAN, WILT, METCALFE,
ARMSTRONG, FORCIER, SAYLOR, YOUNGBLOOD, WATSON AND O'NEILL,
MARCH 16, 2004
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 29, 2004
AN ACT
1 Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2 P.L.2897, No.1), entitled "An act establishing a system of
3 unemployment compensation to be administered by the
4 Department of Labor and Industry and its existing and newly
5 created agencies with personnel (with certain exceptions)
6 selected on a civil service basis; requiring employers to
7 keep records and make reports, and certain employers to pay
8 contributions based on payrolls to provide moneys for the
9 payment of compensation to certain unemployed persons;
10 providing procedure and administrative details for the
11 determination, payment and collection of such contributions
12 and the payment of such compensation; providing for
13 cooperation with the Federal Government and its agencies;
14 creating certain special funds in the custody of the State
15 Treasurer; and prescribing penalties," further providing for
16 rules of procedure.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 505 of the act of December 5, 1936 (2nd
20 Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21 Compensation Law, amended April 23, 1942 (Sp.Sess., P.L.60,
22 No.23), is amended to read:
1 Section 505. Rules of Procedure.--The manner in which <--
2 appeals shall be taken, the reports thereon required from the
3 department, the claimant and employers, and the conduct of
4 hearings and appeals, shall be in accordance with rules of
5 procedure prescribed by the board whether or not such rules
6 conform to common law or statutory rules of evidence and other
7 technical rules of procedure.
8 When the same or substantially similar evidence is relevant
9 and material to the matter in issue in applications and claims
10 filed by more than one individual or in multiple applications
11 and claims filed by a single individual the same time and place
12 for considering each such application and claim may be fixed,
13 hearings thereon jointly conducted, a single record of the
14 proceedings made and evidence introduced with respect to any
15 application or claim considered as introduced with respect to
16 all of such applications or claims: Provided, That in the
17 judgment of the board or referee having jurisdiction of the
18 proceeding such consideration will not be prejudicial to any
19 party. Where the appellant, after having been duly notified
20 according to law as to the time and place of the hearing, fails
21 to appear for the hearing on time, the referee shall dismiss the
22 appeal with prejudice and need not receive testimony or evidence
23 as to the merits of the case or issue any decision with regard
24 to the merits of the case.
25 SECTION 505. RULES OF PROCEDURE.--(A) THE MANNER IN WHICH <--
26 APPEALS SHALL BE TAKEN, THE REPORTS THEREON REQUIRED FROM THE
27 DEPARTMENT, THE CLAIMANT AND EMPLOYERS, AND THE CONDUCT OF
28 HEARINGS AND APPEALS, SHALL BE IN ACCORDANCE WITH RULES OF
29 PROCEDURE PRESCRIBED BY THE BOARD WHETHER OR NOT SUCH RULES
30 CONFORM TO COMMON LAW OR STATUTORY RULES OF EVIDENCE AND OTHER
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1 TECHNICAL RULES OF PROCEDURE.
2 (B) WHEN THE SAME OR SUBSTANTIALLY SIMILAR EVIDENCE IS
3 RELEVANT AND MATERIAL TO THE MATTER IN ISSUE IN APPLICATIONS AND
4 CLAIMS FILED BY MORE THAN ONE INDIVIDUAL OR IN MULTIPLE
5 APPLICATIONS AND CLAIMS FILED BY A SINGLE INDIVIDUAL THE SAME
6 TIME AND PLACE FOR CONSIDERING EACH SUCH APPLICATION AND CLAIM
7 MAY BE FIXED, HEARINGS THEREON JOINTLY CONDUCTED, A SINGLE
8 RECORD OF THE PROCEEDINGS MADE AND EVIDENCE INTRODUCED WITH
9 RESPECT TO ANY APPLICATION OR CLAIM CONSIDERED AS INTRODUCED
10 WITH RESPECT TO ALL OF SUCH APPLICATIONS OR CLAIMS: PROVIDED,
11 THAT IN THE JUDGMENT OF THE BOARD OR REFEREE HAVING JURISDICTION
12 OF THE PROCEEDING SUCH CONSIDERATION WILL NOT BE PREJUDICIAL TO
13 ANY PARTY.
14 (C) (1) WHERE THE APPELLANT, AFTER HAVING BEEN DULY
15 NOTIFIED ACCORDING TO LAW AS TO THE TIME AND PLACE OF THE
16 HEARING, FAILS TO APPEAR FOR THE HEARING ON A TIMELY BASIS, THE
17 REFEREE SHALL DISMISS THE APPEAL AND NEED NOT RECEIVE ANY
18 TESTIMONY OR EVIDENCE AS TO THE MERITS OF THE CASE OR ISSUE ANY
19 DECISION WITH REGARD TO THE MERITS OF THE CASE. IF THE APPELLANT
20 BELIEVES HIS APPEAL WAS DISMISSED IMPROPERLY, THE APPELLANT MAY
21 FILE A FURTHER APPEAL TO THE BOARD, PURSUANT TO LAW.
22 (2) IF THE APPELLANT IN HIS APPEAL TO THE BOARD FAILS TO
23 ADVANCE GOOD CAUSE FOR HIS FAILURE TO APPEAR TIMELY FOR THE
24 REFEREE'S HEARING, THE BOARD SHALL DISMISS THE APPEAL AND NEED
25 NOT ISSUE ANY DECISION WITH REGARD TO THE MERITS OF THE CASE. IF
26 THE APPELLANT IN HIS APPEAL TO THE BOARD ALLEGES GOOD CAUSE FOR
27 FAILURE TO APPEAR IN A TIMELY MANNER FOR THE REFEREE'S HEARING
28 AND THE BOARD BELIEVES GOOD CAUSE MAY EXIST, THE BOARD MAY
29 REMAND THE MATTER TO A REFEREE TO ACT AS A HEARING OFFICER FOR
30 THE BOARD. THE ONLY ISSUE TO BE HEARD AT SUCH HEARING SHALL BE
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1 THE APPELLANT'S REASON FOR HIS FAILURE TO APPEAR AT THE
2 INITIALLY SCHEDULED HEARING IN A TIMELY MANNER. THE REFEREE,
3 ACTING FOR THE BOARD, MAY NOT RECEIVE ANY TESTIMONY OR EVIDENCE
4 REGARDING THE MERITS OF THE CASE.
5 (3) IF THE BOARD, AFTER RECEIVING TESTIMONY OR EVIDENCE
6 REGARDING THE APPELLANT'S FAILURE TO APPEAR IN A TIMELY MANNER
7 FOR THE INITIAL REFEREE'S HEARING, DETERMINES THAT GOOD CAUSE
8 EXISTED FOR THE APPELLANT'S FAILURE TO APPEAR IN A TIMELY MANNER
9 FOR THE INITIAL REFEREE'S HEARING, THE BOARD SHALL AT THAT TIME
10 REMAND THE MATTER TO A REFEREE ONCE MORE TO ACT AS A HEARING
11 OFFICER FOR THE BOARD. THE REFEREE SHALL CONDUCT A DE NOVO
12 HEARING REGARDING THE MERITS OF THE CASE AND SHALL ISSUE A
13 DECISION ON THE MERITS OF THE CASE. THE REFEREE'S DECISION MAY
14 BE APPEALED IN ACCORDANCE WITH THE PROVISIONS OF LAW.
15 Section 2. This act shall take effect in 60 days.
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