COPIES OF TESTIMONY
§ 101.71. Copies on request.
If a party to a proceeding shall file with the referee or the Board, a statement that a transcribed copy of the record of the testimony, or a part thereof, is necessary to a proper presentation of his case, either before the referee or the Board, a transcribed copy of the record of the testimony, or an indicated part thereof, shall be furnished to him without charge. In the event of an appeal from the decision of the Board to the Commonwealth Court, a party may request a transcribed copy of the record of the testimony, and it shall be furnished without charge.
Source The provisions of this § 101.63 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Inadequate Record
Except in extraordinary circumstances, asserted inadequacy of the record is not grounds for reversal of an administrative agency’s decision and a remand for further hearing when the means for obtaining such relief from the agency are not employed; there are no conceivable circumstances for remand, absent application to the agency, when the alleged missing evidence is not offered in proof. Walsh v. Unemployment Compensation Board of Review, 329 A.2d 523 (Pa. Cmwlth. 1974).
Notice
Alleged inadequacies in a notice of right to appeal to the Unemployment Compensation Board of Review given in a referee’s decision denying benefits do not entitle a claimant to nunc pro tunc consideration of an untimely appeal because due process does not require an agency to provide notice of right to appeal when the agency or the legislature has established a duly published procedure for hearing or appeal, and the procedure for appeal to the Board is clearly enunciated in statutes and regulations. DiIenno v. Unemployment Compensation Board of Review, 429 A.2d 1288 (Pa. Cmwlth. 1981).
The Unemployment Compensation Board of Review has no duty to provide a party with notice of right to appeal, since the procedure for appealing from the decision of a referee is clearly enunciated in statutes and the regulations of the Board. Mogil v. Unemployment Compensation Board of Review, 413 A.2d 480 (Pa. Cmwlth. 1980).
The failure of the Board to furnish a transcript of the hearing of the referee when requested is a violation of due process rights 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).
Transcript
The failure of a notice of right to appeal to inform a claimant of the right to request oral argument and present a brief or further testimony does not constitute a denial of due process, since the statutes and regulations concerning appeals from decisions of the referee clearly set out the procedure for such appeals. Walker v. Unemployment Compensation Board of Review, 381 A.2d 1353 (Pa. Cmwlth. 1978).
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