§ 101.85. Notice of appeal hearing.
(a) The tribunal by which the appeal is to be heard shall schedule the appeal promptly for hearing and give at least 7 days’ notice of the hearing to the parties and their counsel or authorized agent of record, specifying the date, hour and place of hearing and specific issues to be covered at the hearing.
(b) Exclusive of cases which involve an issue as to the amount or sufficiency of wages of a claimant in covered employment, an exception may be made to the 7-day rule and hearings may be scheduled upon shorter notice, but not less than 3 days, so that newly received appeals may be included in the itinerary of the referee of scheduled hearings at outlying points. If a hearing is scheduled with less than 7 days’ notice, affected parties shall be instructed to notify the referee immediately, if it is not convenient for them to attend the hearing. If it is inconvenient for an affected party to attend a hearing on short notice, the appeal shall be rescheduled promptly for hearing.
(c) If hearings on more than one appeal are to be scheduled and conducted jointly, each party shall be notified in his notice of hearing that a joint hearing will be held, that a single record of the proceedings will be made and that evidence introduced with respect to an appeal will be considered as introduced with respect to all.
Authority The provisions of this § 101.85 amended under sections 203(d) and 505 of the Unemployment Compensation Law (43 P. S. § § 763(d) and 825).
Source The provisions of this § 101.85 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1550. Immediately preceding text appears at serial pages (124283) to (124284).
Notes of Decisions Scope and Review
This and other provisions of the unemployment compensation regulations support the view that referee and Board properly refused to rule on issue which was not raised before the Office of Employment Security. Glesk v. Unemployment Compensation Board of Review, 525 A.2d 1249 (Pa. Cmwlth. 1987).
Notice
The Board’s failure to give notice to a claimant of hearings held to receive evidence from claimant’s employer and ‘‘similarly situated’’ claimants is a violation of notice requirements contained in subsection (a) and requires a remand. Allrutz v. Unemployment Compensation Board of Review, 463 A.2d 100 (Pa. Cmwlth. 1983).
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