§ 101.34. Failure to appear.
(a) When a person refuses, fails or neglects to comply with a subpoena issued under the Unemployment Compensation Law (43 P. S. § 826), or refuses, fails or neglects to produce books, papers, correspondence, memoranda or other records and documents, a party to the appeal proceedings may request the Board to petition a Court of Common Pleas having jurisdiction to require the person subpoenaed to appear and give testimony and to produce the books, papers, correspondence, memoranda or other records and documents described in the subpoena.
(b) The request to the Board shall be in writing and shall set forth the facts as to the issuance and service of the subpoena, including a description of the books, papers, correspondence, memoranda or other records and documents as contained in the subpoena, and a statement as to the residence and present whereabouts of the person subpoenaed. The Board will give notice by mail to the person alleged to have refused, failed or neglected to comply with the subpoena, and unless, within 5 days after the mailing of the notice, he shows cause why he did not comply, the Board may proceed to compel such compliance as provided in this part.
Source The provisions of this § 101.34 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Evidence—Cumulative
It was harmless error to fail to inform the petitioner of the right to request the Board to petition the Court of Common Pleas to require the appearance of a person subpoenaed because the documentation and testimony which would have been provided would have been merely cumulative evidence and in support of issues not in dispute. Beamer v. Unemployment Compensation Board of Review, 552 A.2d 774 (Pa. Cmwlth. 1989).
A referee’s failure to notify a claimant that the Board could take steps to have a subpoena enforced when claimant’s witness failed to appear was harmless error where the witness’ testimony, had it been given and had it confirmed all that the claimant had alleged, would only have been cumulative. Ehmann v. Unemployment Compensation Board of Review, 483 A.2d 587 (Pa. Cmwlth. 1984).
Notice
Since the Board is required to give notice and opportunity to be heard to a noncomplying person when it is attempting to enforce a subpoena, the same notice must be given when the Board is acting through an agent. Guida v. Wentzel, 11 Pa. D. & C.3d 564 (1979).
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