Bill Text: PA HB626 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for rules of procedure.

Spectrum: Partisan Bill (Republican 49-1)

Status: (Introduced - Dead) 2009-02-26 - Referred to LABOR RELATIONS [HB626 Detail]

Download: Pennsylvania-2009-HB626-Introduced.html

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PRINTER'S NO. 685
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 626 Session of2009
INTRODUCED BY HUTCHINSON, BAKER, BEAR, BENNINGHOFF, BEYER, BOYD, CAUSER, CLYMER, CREIGHTON, CUTLER, DENLINGER, ELLIS, EVERETT, FAIRCHILD, FLECK, GEIST, GINGRICH, GOODMAN, GRELL, GROVE, HARHART, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, M. KELLER, KILLION, MAJOR, MARSICO, MILLARD, MILLER, MILNE, MOUL, MURT, MUSTIO, O'NEILL, PAYNE, PICKETT, PYLE, RAPP, REED, ROHRER, SCAVELLO, STERN, STEVENSON, SWANGER, TURZAI AND WATSON, FEBRUARY 26, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 26, 2009
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.
2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," further providing for
rules of procedure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505 of the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, amended April 23, 1942 (Sp.Sess., P.L.60, No.
23), is amended to read:
Section 505. Rules of Procedure.--(a) The manner in which
appeals shall be taken, the reports thereon required from the
department, the claimant and employers, and the conduct of
hearings and appeals, shall be in accordance with rules of
procedure prescribed by the board whether or not such rules
conform to common law or statutory rules of evidence and other
technical rules of procedure.
(b) When the same or substantially similar evidence is
relevant and material to the matter in issue in applications and
claims filed by more than one individual or in multiple
applications and claims filed by a single individual the same
time and place for considering each such application and claim
may be fixed, hearings thereon jointly conducted, a single
record of the proceedings made and evidence introduced with
respect to any application or claim considered as introduced
with respect to all of such applications or claims: Provided,
That in the judgment of the board or referee having jurisdiction
of the proceeding such consideration will not be prejudicial to
any party.
(c) (1) Where the appellant, after having been duly
notified according to law as to the time and place of the
hearing, fails to appear for the hearing without giving prior
notification of inability to appear, the referee shall dismiss
the appeal and need not receive any testimony or evidence as to
the merits of the case or issue any decision with regard to the
merits of the case. If the appellant believes his appeal was
dismissed improperly, the appellant may file a further appeal to
the board, pursuant to law.
(2) If the appellant in his appeal to the board fails to
advance proper cause for his failure to appear timely for the
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referee's hearing, the board shall dismiss the appeal and need
not issue any decision with regard to the merits of the case. If
the appellant in his appeal to the board alleges proper cause
for failure to appear in a timely manner for the referee's
hearing and the board believes proper cause may exist, the board
may remand the matter to a referee to act as a hearing officer
for the board. The only issue to be heard at such hearing shall
be the appellant's reason for his failure to appear at the
initially scheduled hearing in a timely manner. The referee,
acting for the board, may not receive any testimony or evidence
regarding the merits of the case.
(3) If the board, after receiving testimony or evidence
regarding the appellant's failure to appear in a timely manner
for the initial referee's hearing, determines that proper cause
existed for the appellant's failure to appear in a timely manner
for the initial referee's hearing, the board shall at that time
remand the matter to a referee once more to act as a hearing
officer for the board. The referee shall conduct a de novo
hearing regarding the merits of the case and shall issue a
decision on the merits of the case. The referee's decision may
be appealed in accordance with the provisions of law.
Section 2. The amendment of section 505 of the act shall
apply to initial claims filed on or after the effective date of
this section.
Section 3. This act shall take effect in 60 days.
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