§ 101.90. Further appeal.
(a) Within 21 days after the decision of a referee, the claimant, the Department or an affected employer may file an application for a further appeal with the Board.
(b) The decision of the Board on an original appeal will become final the date it is rendered. Within 30 days after the decision of the Board becomes final, the claimant, the Department or an affected employer may file an appeal with the Commonwealth Court.
Authority The provisions of this § 101.90 amended under section 203(d) of the Unemployment Compensation Law (43 P.S. § 763(d)) and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
Source The provisions of this § 101.90 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435; amended July 14, 1978, effective July 15, 1978, 8 Pa.B. 2002; amended March 11, 2022, effective March 12, 2022, 52 Pa.B. 1480. Immediately preceding text appears at serial pages (259538) and (299543).
Notes of Decisions Notice of Right to Appeal
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 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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