§ 101.108. Appeal hearings.
(a) If the Board determines that a further hearing is necessary, such hearing shall be held at a location to be determined by the Board and shall be conducted in the manner provided in the general rules as set forth in this part. Hearings for taking additional evidence shall be held at places reasonably convenient to the parties concerned.
(b) Where an appeal is remanded to a referee for the taking of additional evidence, the referee shall either render a new decision or submit the entire file and completed record of testimony for Board consideration and determination, as directed in the remanding order of the Board.
Source The provisions of this § 101.108 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Evidence
Board’s failure to comply with the mandates of Unemployment Compensation Law (43 P. S. § 824), as well as with this section promulgated by Board itself, warrants vacation of order and remand for further proceedings, where Board did not make findings of fact or conclusions of law based on evidence presented to referee, but instead based on appeal of claimants’ partner. McGoldrick v. Unemployment Compensation Board of Review, 526 A.2d 461 (Pa. Cmwlth. 1987).
Remand Hearing
It is clearly within the Board’s discretion to remand a case for purposes of receiving additional evidence in situations when the Board deems the record inadequate. Cooper Industries, Inc., v. Unemployment Compensation Board of Review, 555 A.2d 969 (Pa. Cmwlth. 1989).
A remand to a referee for a new decision under subsection (b) of this section does not give the employer an unfair advantage where the employer’s evidence does not materially differ from one hearing to another. Lowe v. Unemployment Compensation Board of Review, 460 A.2d 870 (Pa. Cmwlth. 1983).
The Board’s failure to address the merits of the claimant’s appeal during a remand hearing was not error because the Board has discretionary power to decide when a remand hearing is necessary and what issues may be addressed during the hearing. Harrison v. Unemployment Compensation Board of Review, 457 A.2d 238 (Pa. Cmwlth. 1983).
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