Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

34 Pa. Code § 101.86. Appeal hearings.

§ 101.86. Appeal hearings.

 (a)  Hearings shall be held at places determined by the tribunal which shall be reasonably convenient to each of the parties concerned. During the hearing each party shall be given the opportunity to submit testimony or evidence in support of his contentions. Also, each party shall have the right to present oral or written argument and be afforded the opportunity to reply to the arguments and contentions of the other parties.

 (b)  If the scheduled hearing is not in the county where the claimant regularly reports for work, the employer may make a written request that a separate hearing be scheduled in such county, and such request shall be granted where it is established that it is impracticable because of the distance for the employer or his representative to attend the regularly scheduled hearing in the area where the claimant is located.

 (c)  The hearing of an appeal from the decision of the Department shall be conducted in the manner provided in §  101.21 (relating to conduct of hearings).

Source

   The provisions of this §  101.86 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.

Notes of Decisions

   Where the claimant’s employer testified at the referee’s hearing by means of a telephone conference call and referred to documents in his possession, the provisions of this section require that the claimant be given access to the documents to refer to in cross-examining or that the documents be proved accurate and offered into evidence. Chobert v. Unemployment Compensation Board of Review, 484 A.2d 223 (Pa. Cmwlth. 1984).



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