§ 101.106. Scope of review.
In connection with the consideration of an appeal to the Board from the decision of a referee, the Board may review both the facts and the law pertinent to the issues involved on the basis of the evidence previously submitted, or direct the taking of additional testimony. In any case the Board may limit the parties to oral argument or the filing of a written argument or both.
Source The provisions of this § 101.106 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Illustrative Cases
The Unemployment Compensation Board of Review’s finding that the claimant was unable and unavailable for work improperly relied solely upon evidence not admitted into evidence and the Board’s failure to take additional testing restricted the Board’s review to the evidence submitted to the referee. Pifer v. Unemployment Compensation Board of Review, 639 A.2d 1293 (Pa. Cmwlth. 1994).
Limitations on Review
Board did not err by failing to consider letter attached as exhibit to brief; Board is restricted to review of the evidence submitted at hearing. Tener v. Unemployment Compensation Board of Review, 568 A.2d 733 (Pa. Cmwlth. 1990).
Because the Board is restricted to review of evidence previously submitted, post-hearing factual communications to the Board may not be considered. Perrelli v. Unemployment Compensation Board of Review, 426 A.2d 1272 (Pa. Cmwlth. 1981).
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