H0129B1311A00793 SFR:JMT 04/21/21 #90 A00793
AMENDMENTS TO HOUSE BILL NO. 129
Sponsor: REPRESENTATIVE MULLERY
Printer's No. 1311
Amend Bill, page 1, line 17, by striking out "AND FOR PLACE
OF HEARING"
Amend Bill, page 1, lines 23 and 24; pages 2 through 5, lines
1 through 30; page 6, lines 1 through 19; by striking out all of
said lines on said pages and inserting
Section 1. Section 505 of the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No. 1), known as the Unemployment
Compensation Law, is amended to read:
Section 505. Rules of Procedure.--(a) The manner in which
appeals shall be taken, the reports thereon required from the
department, the claimant and employers, and the conduct of
hearings and appeals, shall be in accordance with rules of
procedure prescribed by the board whether or not such rules
conform to common law or statutory rules of evidence and other
technical rules of procedure. [Rules established by the board
shall permit either party to a hearing to testify via telephone,
without regard to distance of hearing location from either
party.] The following apply:
(1) The board shall review and revise its rules to permit a
party to a hearing or a witness to testify via telephone,
videoconference or other electronic means, without regard to
distance of hearing location from the parties, at the request of
one or more parties when one of the following applies:
(i) The parties consent to the receipt of testimony via
telephone, videoconference or other electronic means.
(ii) The party or witness is reasonably unable to testify in
person.
(iii) Telephone, videoconference or other electronic means
of participation are more accessible to a party or witness.
(2) In determining whether a party or witness may testify
via telephone, videoconference or other electronic means under
paragraph (1), the referee shall consider factors that would
make in-person participation inaccessible or less accessible
including issues related to:
(i) Transportation.
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(ii) Lack of suitable childcare.
(iii) Existing employment or business responsibilities.
(iv) The health of the party or witness or the health of a
family member under the care of the party or witness.
(3) The board shall review and revise its rules to modernize
the methods by which testimony permitted under paragraph (1) may
be taken. Revised rules shall:
(i) Provide a transition from testimony via telephone to
testimony via videoconference no later than the effective date
of the regulations promulgated in accordance with paragraph (4)
(ii).
(ii) Allow parties and witnesses to participate via
telephone or other electronic means when videoconferencing is
not available.
(iii) Provide for contents of the hearing notice, including
information on how to request to testify via telephone,
videoconference or other electronic means.
(iv) Provide instructions to parties and witnesses permitted
to testify via telephone, videoconference or other electronic
means in accordance with paragraph (1) on how to participate via
telephone, videoconference or other electronic means, which
shall include:
(A) Procedures to access and participate in the hearing via
telephone, videoconference or other electronic means without the
need for the board or referee to initiate contact.
(B) Procedures to submit and distribute evidence, including
methods to electronically submit and distribute evidence.
(v) Provide for identity confirmation for parties and
witnesses, including sworn affirmation of identity, subject to
18 Pa.C.S. ยง 4903 (relating to false swearing), participating
via telephone, videoconference or other electronic means.
(vi) Unless otherwise required by Federal or State law, any
notice or communication to a party or witness shall be mailed to
the last known post office address or transmitted via telephone,
email or other electronic means, as designated by the recipient.
(4) The board shall implement rules as follows:
(i) The board shall propose regulations to revise rules
under this subsection no later than one year after the effective
date of this paragraph.
(ii) The board shall promulgate regulations to revise rules
no later than two years after the effective date of this
paragraph.
(b) When the same or substantially similar evidence is
relevant and material to the matter in issue in applications and
claims filed by more than one individual or in multiple
applications and claims filed by a single individual the same
time and place for considering each such application and claim
may be fixed, hearings thereon jointly conducted, a single
record of the proceedings made and evidence introduced with
respect to any application or claim considered as introduced
with respect to all of such applications or claims: Provided,
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That in the judgment of the board or referee having jurisdiction
of the proceeding such consideration will not be prejudicial to
any party.
Section 2. This act shall take effect in 60 days.
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