PRINTER'S NO. 324
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
319
Session of
2015
INTRODUCED BY KNOWLES, SACCONE, MILLARD, JAMES, KAUFFMAN,
PICKETT AND MASSER, FEBRUARY 3, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 3, 2015
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," further providing for
decision of referee, further appeals and reviews and for
powers of board over claims.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502 of the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, amended December 9, 2002 (P.L.1336, No.158),
is amended to read:
Section 502. Decision of Referee; Further Appeals and
Reviews.--Where an appeal from the determination or revised
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determination, as the case may be, of the department is taken, a
referee shall, after affording the parties and the department
reasonable opportunity for a fair hearing, affirm, modify, or
reverse such findings of fact and the determination or revised
determination, as the case may be, of the department as to him
shall appear just and proper. The parties and their attorneys or
other representatives of record and the department shall be duly
notified of the time and place of a referee's hearing and of the
referee's decision, and the reasons therefor, which shall be
deemed the final decision of the board, unless an appeal is
filed therefrom, within fifteen days after the date of such
decision the board acts on its own motion, to review the
decision of the referee. [A memorandum of testimony of any
hearing before any referee shall be made] The testimony at any
hearing before a referee shall be taken by a recording device
and be preserved for a period of ninety days following
expiration of the period for filing an appeal from the final
decision rendered in the case. An unabridged transcript and
audio recording of the testimony shall be made available, at
cost if not used for unemployment compensation purposes or a
subsequent appeal , to the parties and their attorneys or other
representatives upon written request to the referee.
Section 2. Section 504 of the act, amended December 5, 1974
(P.L.771, No.262), is amended to read:
Section 504. Powers of Board Over Claims.--The board shall
have power, on its own motion, or on appeal, to remove,
transfer, or review any claim pending before, or decided by, a
referee, and in any such case and in cases where a further
appeal is allowed by the board from the decision of a referee,
may affirm, modify, or reverse the determination or revised
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determination, as the case may be, of the department or referee
on the basis of the evidence previously submitted in the case,
or direct the taking of additional evidence. When any claim
pending before a referee is removed or transferred to the board,
the board shall afford the parties and the department reasonable
opportunity for a fair hearing. The parties and the department
shall be duly notified of the board's final decision and the
reasons therefor. A complete record shall be kept of each case
heard before the board. All testimony at any hearing before the
board, whether on appeal or otherwise, shall be taken by a
reporter[, or] and recording device[, but need not be
transcribed unless the disputed claim is further appealed]. An
unabridged transcript and audio recording of the testimony shall
be made available, at cost if not used for unemployment
compensation purposes or a subsequent appeal , to the parties and
their attorneys or other representatives upon written request to
the board.
Section 3. This act shall take effect in 60 days.
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