§ 101.52. Investigations.
(a) Where, in the determination of an appeal, the report of an investigation is to be used adversely to the interests of any party, the report, if objected to, may not be introduced as evidence and considered in the disposition of the appeal unless a continued hearing has been held at which the persons who furnished the information contained in the report appeared and the party adversely affected was afforded an opportunity for cross-examination and rebuttal. If the person who furnished the information appears but the party adversely affected fails to appear, the latter shall be deemed to have been afforded a reasonable opportunity for cross-examination and rebuttal.
(b) The tribunal may continue the hearing of an appeal and make an investigation either in person or through an investigator or other designated person when the hearing has failed to produce sufficient evidence to establish adequate findings as to the material facts or where there is reason to doubt the reliability of the evidence submitted, and when efforts to compel the attendance of the party or witness whose evidence is desired have failed. Information obtained in this manner shall be introduced into the record of evidence only under the same conditions (applicable to other investigations) as prescribed in subsection (a).
Source The provisions of this § 101.52 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Pertinent Available Records
As both the unemployment compensation claimant and employer failed to appear for a scheduled hearing before the referee, the referee and the Unemployment Compensation Board of Review could either decide the case based on the ‘‘pertinent available records’’ or reschedule the hearing. Clairton Municipal Authority v. Unemployment Compensation Board of Review, 639 A.2d 921 (Pa. Cmwlth. 1994).
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