§ 101.54. Records.
(a) The proceedings of appeal hearings, at both referee and Board levels shall be recorded and preserved for a period of 2 years. The record need not be transcribed unless a further appeal is filed. In the event an application for further appeal is filed from the decision of a referee, the record shall be transcribed and transmitted to the Board, together with records and documents in the appeal proceeding. At any time the Board may require the complete record of a case, or a part thereof, to be transcribed and filed with the Board.
(b) When an interested party or his representative requests information from the file of the Board in order to present and maintain the issues at a hearing before a referee or the Board, or in an appeal to the Court, such information (including the hearing transcript, where the record has been transcribed) shall be made available at a reasonable time to the party and his representative, without charge, at the office of the referee to whom the case was assigned or at the central office of the Board in Harrisburg, Pennsylvania, whichever is more convenient to the interested party or his representative, for examination, copying and making notations therefrom. An examination of the file shall be permitted only for purposes relating to the Unemployment Compensation Law (43 P. S. § § 751—882) and for no other proceeding or purpose.
Source The provisions of this § 101.54 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Due Process
The failure of the Board to furnish a transcript of the hearing of the referee when requested is a violation of due process and deprives a claimant of the statutory right to file a brief prior to adjudication. Moyer v. Unemployment Compensation Board of Review, 388 A.2d 772 (Pa. Cmwlth. 1978).
Grounds for Reversal
Except in extraordinary circumstances, asserted inadequacy of the record is not grounds for reversal of an administrative agency’s decision. Walsh v. Unemployment Compensation Board of Review, 329 A.2d 523 (Pa. Cmwlth. 1974).
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