PRINTER'S NO. 3970
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2382
Session of
2015
INTRODUCED BY JAMES, DAVIS, DRISCOLL, KINSEY, MILLARD, PICKETT
AND WARD, OCTOBER 3, 2016
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 3, 2016
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," in determination of
compensation, appeals, reviews and procedure, further
providing for determination of compensation appeals and for
decision of referee and further appeals and reviews.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501(e) of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, amended April 14, 1976 (P.L.113, No.50), is
amended to read:
Section 501. Determination of Compensation Appeals.--* * *
(e) Unless the claimant or last employer or base-year
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employer of the claimant files an appeal with the board, from
the determination contained in any notice required to be
furnished by the department under section five hundred and one
(a), (c) and (d), within [fifteen] thirty calendar days after
such notice was delivered to him personally, or was mailed to
his last known post office address, and applies for a hearing,
such determination of the department, with respect to the
particular facts set forth in such notice, shall be final and
compensation shall be paid or denied in accordance therewith.
Section 2. Section 502 of the act, 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
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] thirty 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 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.
Section 3. This act shall take effect in 60 days.
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