1Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2P.L.2897, No.1), entitled "An act establishing a system of
3unemployment compensation to be administered by the
4Department of Labor and Industry and its existing and newly
5created agencies with personnel (with certain exceptions)
6selected on a civil service basis; requiring employers to
7keep records and make reports, and certain employers to pay
8contributions based on payrolls to provide moneys for the
9payment of compensation to certain unemployed persons;
10providing procedure and administrative details for the
11determination, payment and collection of such contributions
12and the payment of such compensation; providing for
13cooperation with the Federal Government and its agencies;
14creating certain special funds in the custody of the State
15Treasurer; and prescribing penalties," further providing for
16decision of referee, further appeals and reviews and for
17powers of board over claims.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 502 of the act of December 5, 1936 (2nd 
21Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment 
22Compensation Law, amended December 9, 2002 (P.L.1336, No.158),
23is amended to read:

24Section 502. Decision of Referee; Further Appeals and
25Reviews.--Where an appeal from the determination or revised

1determination, as the case may be, of the department is taken, a
2referee shall, after affording the parties and the department
3reasonable opportunity for a fair hearing, affirm, modify, or
4reverse such findings of fact and the determination or revised
5determination, as the case may be, of the department as to him
6shall appear just and proper. The parties and their attorneys or
7other representatives of record and the department shall be duly
8notified of the time and place of a referee's hearing and of the
9referee's decision, and the reasons therefor, which shall be
10deemed the final decision of the board, unless an appeal is
11filed therefrom, within fifteen days after the date of such
12decision the board acts on its own motion, to review the
13decision of the referee. [A memorandum of testimony of any
14hearing before any referee shall be made] The testimony at any 
15hearing before a referee shall be taken by <-a reporter and a 
16recording device and be preserved for a period of ninety days
17following expiration of the period for filing an appeal from the
18final decision rendered in the case. An unabridged transcript 
19and audio recording of the testimony shall be made available, at 
20cost <-if not used for unemployment compensation purposes or a 
21subsequent appeal, to the parties and their attorneys or other 
22representatives upon written request to the referee.

23Section 2. Section 504 of the act, amended December 5, 1974
24(P.L.771, No.262), is amended to read:

25Section 504. Powers of Board Over Claims.--The board shall
26have power, on its own motion, or on appeal, to remove,
27transfer, or review any claim pending before, or decided by, a
28referee, and in any such case and in cases where a further
29appeal is allowed by the board from the decision of a referee,
30may affirm, modify, or reverse the determination or revised

1determination, as the case may be, of the department or referee
2on the basis of the evidence previously submitted in the case,
3or direct the taking of additional evidence. When any claim
4pending before a referee is removed or transferred to the board,
5the board shall afford the parties and the department reasonable
6opportunity for a fair hearing. The parties and the department
7shall be duly notified of the board's final decision and the
8reasons therefor. A complete record shall be kept of each case
9heard before the board. All testimony at any hearing before the
10board, whether on appeal or otherwise, shall be taken by a
11reporter[, or] and recording device[, but need not be
12transcribed unless the disputed claim is further appealed]. An 
13unabridged transcript and audio recording of the testimony shall 
14be made available, at cost <-if not used for unemployment 
15compensation purposes or a subsequent appeal, to the parties and 
16their attorneys or other representatives upon written request to 
17the board.

18Section 3. This act shall take effect in 60 days.