Subchapter E. TELEPHONE HEARINGS
Sec.
101.121—101.126. [Reserved].
101.127. Purpose and scope.
101.128. Scheduling of telephone testimony.
101.129. Procedures subsequent to scheduling.
101.130. Notice of testimony by telephone and use of documents.
101.131. Conduct of a telephone hearing.
101.132. Representation by telephone.
101.133. Data maintenance requirement.
Authority The provisions of this Subchapter E issued under sections 203 and 505 of the Unemployment Compensation Act (43 P. S. § § 763 and 825), unless otherwise noted.
§ § 101.121—101.126. [Reserved].
Source The provisions of these § § 101.121—101.126 adopted April 7, 1989, effective April 8, 1989, 19 Pa.B. 1550; corrected April 21, 1989, effective April 8, 1989, 19 Pa.B. 1731; readopted July 2, 1993, effective July 3, 1993, 23 Pa.B. 3125; reserved December 26, 1997, effective December 27, 1997, 27 Pa.B. 6809. Immediately preceding text appears at serial pages (207529) to (207533).
§ 101.127. Purpose and scope.
(a) In-person testimony is normally preferable to testimony by telephone; however, there can be reasons to justify receiving testimony by telephone. This subchapter is promulgated to provide the conditions under which testimony by telephone will be scheduled and received, to safeguard the due process rights of the parties, and to ensure that testimony by telephone is received under uniformly applied rules. Testimony by telephone may be received only if specifically authorized by this subchapter.
(b) When the general rules of this chapter conflict with this subchapter, this subchapter controls.
Source The provisions of this § 101.127 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.
§ 101.128. Scheduling of telephone testimony.
(a) The tribunal may schedule, on its own motion, testimony by telephone of a party or witness when it appears from the record that the party or witness is located at least 50 miles from the location at which the tribunal will conduct the hearing, without regard to State boundaries.
(b) The tribunal may schedule testimony by telephone of a party or witness, at the request of one or more parties, when one of the following applies:
(1) The parties consent to the receipt of testimony by telephone.
(2) The party or witness is reasonably unable to testify in person due to a compelling employment, transportation, or health reason, or other compelling problem.
(c) Only a party or witness scheduled to testify by telephone, or identified prior to the taking of testimony in accordance with § 101.131(f) (relating to conduct of a telephone hearing), may testify by telephone, and the testimony of each other party or witness shall be received in person.
(d) The tribunal will promptly rule on a request that testimony be taken by telephone after a reasonable attempt has been made to inform the parties of the request, the basis for the request, the regulations under which telephone testimony can be taken, and the right of a party to object. The basis for the request, the position of the parties, if known, and the ruling will be documented on the record.
(e) A party or witness scheduled to testify by telephone will be permitted to testify in person.
Source The provisions of this § 101.128 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.
§ 101.129. Procedures subsequent to scheduling.
(a) If a party moves to withdraw consent to the receipt of testimony by telephone prior to the taking of testimony, the tribunal will allow the withdrawal if it is found that the consent was not freely and knowingly given.
(b) An objection to the receipt of testimony by telephone shall set forth the reasons in support thereof and shall be promptly communicated to the tribunal, but may not be asserted subsequent to the taking of testimony.
(c) The tribunal will promptly rule on objections to testimony by telephone after a reasonable attempt to obtain the position of the other party. The basis for the objection, the position of the other party, if known, and the ruling will be documented on the record.
Source The provisions of this § 101.129 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.
§ 101.130. Notice of testimony by telephone and use of documents.
(a) When testimony by telephone is to be taken, the tribunal will mail the notice of hearing to the parties and, if known, to their counsel or authorized agent at least 14 days in advance of the hearing. The hearing notice will indicate:
(1) The date and time of the hearing in prevailing Eastern time.
(2) The names of counsel, authorized agent, parties and witnesses, if known, who are scheduled to appear or testify by telephone.
(3) The deadline by which the tribunal is to receive documents, if any, from all parties.
(4) The hearing will be tape recorded.
(b) When testimony by telephone is to be taken, the tribunal will send a copy of this subchapter with the notice of hearing. If the tribunal finds that an unrepresented party has not received a copy of this subchapter, a copy will be provided and the hearing will be rescheduled.
(c) A party intending to testify, to offer the testimony of witnesses, or to be represented by telephone, shall, in advance of the beginning of the hearing, supply the tribunal with the name, location and telephone number of the persons who will so appear.
(d) When scheduling a telephone hearing, the tribunal will enclose with the notice of hearing copies of the documents upon which the initial determination was based. These copies will accompany the notices of hearing to all parties, and their counsel or authorized agent, if known.
(e) When any testimony will be given from or with the aid of a document not previously distributed to the parties by the tribunal, the party expecting to introduce the document shall deliver it to the tribunal, and the tribunal shall distribute it to each other party and, if known, counsel or authorized agent before or at the beginning of the testimony. The tribunal may require that the documents be delivered up to 5 days in advance of the hearing. See § 101.131(h) (relating to conduct of a telephone hearing).
Source The provisions of this § 101.130 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.
Cross References This section cited in 34 Pa. Code § 101.131 (relating to conduct of a telephone hearing).
§ 101.131. Conduct of a telephone hearing.
(a) Before testimony is received, the tribunal will advise all parties of the right to object to telephone testimony and to request an in-person hearing in compliance with Subchapter B (relating to provisions governing hearings before the Department or referee).
(b) A party may pursue an objection to telephone testimony at the hearing and shall set forth reasons in support thereof. If the objection is sustained, the tribunal will reschedule the hearing at a later date, either in person or by telephone, in accordance with Subchapter B or this subchapter. If the objection is not sustained, the tribunal may proceed with the hearing in accordance with this subchapter.
(c) At the start of the hearing, the tribunal will state on the record the time and telephone numbers at which the tribunal initiates the contact with any party, witness, legal counsel or authorized agent who is to testify or appear by telephone.
(d) The proceedings of the hearing will be tape recorded to preserve the record. A person testifying or appearing by telephone will be advised by the tribunal that the proceedings are being tape recorded.
(e) The tribunal will permit parties a reasonable opportunity to question other parties or witnesses testifying by telephone for the purpose of verifying the identity of the parties or witnesses. Falsification of identity may subject the parties or witnesses to prosecution and punishment.
(f) A party or witness not identified to the tribunal and all other parties before the beginning of the testimony will not be permitted to testify by telephone. Testimony taken or given in violation of this subsection will be excluded from consideration.
(g) A person may not prompt or direct the testimony of a witness testifying by telephone. Testimony taken or given in violation of this subsection may be excluded from consideration by the tribunal, with or without an objection from a party.
(h) A document not provided as required by § 101.130(e) (relating to notice of testimony by telephone and use of documents) may not be admitted nor testimony given or taken from it unless consent has been requested from and given by all parties. Testimony taken or given in violation of this subsection will be excluded from consideration, as will the document.
(i) The oath or affirmation administered to parties or witnesses testifying by telephone shall indicate that the parties or witnesses will not testify from documents that are not in the record and that their testimony will not be prompted or directed during the hearing by any other person.
Source The provisions of this § 101.131 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.
Cross References This section cited in 34 Pa. Code § 101.128 (relating to scheduling of telephone testimony); and 34 Pa. Code § 101.130 (relating to notice of testimony by telephone and use of documents).
§ 101.132. Representation by telephone.
The counsel or authorized agent of a party may appear at a hearing by telephone, with the approval of the tribunal.
Source The provisions of this § 101.132 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.
§ 101.133. Data maintenance requirement.
The Board will compile and maintain data on the scheduling and receipt of testimony by telephone.
Source The provisions of this § 101.133 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.
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