34 Pa. Code § 101.31. Subpoenas.

WITNESSES

§ 101.31. Subpoenas.

The issuance of subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records and documents, may be obtained on application to the Board, referee, or at any local employment office. In no case may a subpoena be issued to require the appearance of a witness before the tribunal unless his residence is within 100 miles of the place fixed for his appearance.

Source

   The provisions of this §  101.31 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.

Notes of Decisions

   Discretion
   Although a referee must issue a requested subpoena if it ‘‘would lead to relevant and probative testimony,’’ the referee may deny the request if ‘‘the subpoena is being requested for purposes of harassment or to commence a fishing expedition.’’ York v. UCBR, 56 A.3d 26, 31 (Pa. Cmwlth. 2012).
   The issuance of a subpoena is a matter of discretion; thus, a claimant’s assertion that issuance was mandatory was without merit. Flores v. Unemployment Compensation Board of Review, 686 A.2d 66 (Pa. Cmwlth. 1996).
   The holding of Zukoski v. Unemployment Compensation Board of Review, 525 A.2d 1279 (Pa. Cmwlth. 1987), placing discretion in the Board regarding the issuance of subpoenas, does not relieve the Board of its obligation to issue subpoenas in cases where the issuance of the subpoena would lead to relevant and probative testimony. Hamilton v. Unemployment Compensation Board of Review, 532 A.2d 535 (Pa. Cmwlth. 1987).
   Subpoena Sua Sponte
   Absent a timely application by a proper party to the controversy, the referee does not have a duty to subpoena witnesses sua sponte. Farmland Industries, Inc. v. Unemployment Compensation Board of Review, 478 A.2d 524 (Pa. Cmwlth. 1984).

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