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PRINTER'S NO. 472
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
129
Session of
2021
INTRODUCED BY COX, DRISCOLL, GLEIM, HILL-EVANS, JOZWIAK,
MILLARD, MIZGORSKI, MOUL, RYAN, STRUZZI, THOMAS AND
ZIMMERMAN, FEBRUARY 11, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 11, 2021
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 rules of procedure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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
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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 shall apply:
(1) Hearings shall be conducted via telephone unless the
referee determines that good cause exists to hold an in-person
hearing.
(2) A party may request an in-person hearing in writing to
the department within ten days of the date of the hearing
notice. The hearing notice shall include notice of the procedure
to request an in-person hearing.
(3) For the purposes of this subsection, good cause shall
include any of the following circumstances:
(i) A party to the hearing, a witness or other participant
has a physical, mental or intellectual disability, which would
impose an undue hardship on the individual if the hearing is
conducted via telephone.
(ii) A party to the hearing, a witness or other participant
requires an interpreter, and the department cannot reasonably
provide interpretation services via telephone.
(iii) A party to the hearing offers compelling evidence that
conducting the hearing via telephone would create a significant
advantage for an opposing party.
(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
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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,
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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