PRINTER'S NO. 985
No. 862 Session of 2005
INTRODUCED BY HUTCHINSON, TURZAI, REED, BOYD, SAYLOR, ARMSTRONG,
BALDWIN, BENNINGHOFF, CALTAGIRONE, CAPPELLI, CAUSER, DALLY,
DENLINGER, ELLIS, FAIRCHILD, FLEAGLE, FORCIER, GEIST,
GINGRICH, GRELL, HARRIS, HERMAN, HERSHEY, KAUFFMAN, KILLION,
LEH, McILHATTAN, METCALFE, R. MILLER, S. MILLER, MUSTIO,
NAILOR, NICKOL, O'NEILL, PICKETT, REICHLEY, ROHRER, SCAVELLO,
SCHRODER, STERN, R. STEVENSON, E. Z. TAYLOR, TRUE, WATSON,
WILT, ZUG AND PYLE, MARCH 14, 2005
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 14, 2005
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.--(a) 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 (b) When the same or substantially similar evidence is
9 relevant and material to the matter in issue in applications and
10 claims filed by more than one individual or in multiple
11 applications and claims filed by a single individual the same
12 time and place for considering each such application and claim
13 may be fixed, hearings thereon jointly conducted, a single
14 record of the proceedings made and evidence introduced with
15 respect to any application or claim considered as introduced
16 with respect to all of such applications or claims: Provided,
17 That in the judgment of the board or referee having jurisdiction
18 of the proceeding such consideration will not be prejudicial to
19 any party.
20 (c) (1) Where the appellant, after having been duly
21 notified according to law as to the time and place of the
22 hearing, fails to appear for the hearing on a timely basis, the
23 referee shall dismiss the appeal and need not receive any
24 testimony or evidence as to the merits of the case or issue any
25 decision with regard to the merits of the case. If the appellant
26 believes his appeal was dismissed improperly, the appellant may
27 file a further appeal to the board, pursuant to law.
28 (2) If the appellant in his appeal to the board fails to
29 advance good cause for his failure to appear timely for the
30 referee's hearing, the board shall dismiss the appeal and need
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1 not issue any decision with regard to the merits of the case. If
2 the appellant in his appeal to the board alleges good cause for
3 failure to appear in a timely manner for the referee's hearing
4 and the board believes good cause may exist, the board may
5 remand the matter to a referee to act as a hearing officer for
6 the board. The only issue to be heard at such hearing shall be
7 the appellant's reason for his failure to appear at the
8 initially scheduled hearing in a timely manner. The referee,
9 acting for the board, may not receive any testimony or evidence
10 regarding the merits of the case.
11 (3) If the board, after receiving testimony or evidence
12 regarding the appellant's failure to appear in a timely manner
13 for the initial referee's hearing, determines that good cause
14 existed for the appellant's failure to appear in a timely manner
15 for the initial referee's hearing, the board shall at that time
16 remand the matter to a referee once more to act as a hearing
17 officer for the board. The referee shall conduct a de novo
18 hearing regarding the merits of the case and shall issue a
19 decision on the merits of the case. The referee's decision may
20 be appealed in accordance with the provisions of law.
21 Section 2. This act shall take effect in 60 days.
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