§ 101.62. Disqualification to participate in hearing or decision.
(a) No referee, member of the Board or employe of the Department shall participate in the hearing or determination of any case in which he himself is an interested party. The Board will designate an alternate to serve in the absence or disqualification of any referee.
(b) A referee or member of the Board may be challenged at any time by an interested party prior to the disposition of an appeal by the referee or the Board, whichever is the subject of the challenge. A challenge to the referee may be presented orally at a scheduled hearing conducted by the designee of the Board and made a part of the record, or a written challenge may be filed with the Board. The challenge to a referee will be decided by the Board. A challenge to a member of the Board may be presented orally at a scheduled hearing before the Board or its designee and made a part of the record, or a written challenge may be filed with the Board. The challenge to a particular Board member shall be decided by the other Board members. If it is not feasible for the other Board members to reach a decision, the Board will request the Secretary of the Department to make a decision on the challenge.
Source The provisions of this § 101.62 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions
Waiver
Employer cannot reasonably claim a violation of due process where the employer waived their right to challenge a member’s impartiality by failing to make a timely motion for recusal under these regulations. Stone Container Corp. v. Unemployment Compensation Board of Review, 657 A.2d 1333 (Pa. Cmwlth. 1995).
The provisions of this subsection (a) do not prevent one who has acted as a hearing officer in a case from later testifying as a witness in a proceeding before a referee as the regulation is intended to prevent participation in those cases where an outside interest is concerned. Evans v. Unemployment Compensation Board of Review, 484 A.2d 822 (Pa. Cmwlth. 1984).
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