HB 129 - Requires All Unemployment Hearings be Held Digitally - Pennsylvania Key Vote

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Title: Requires All Unemployment Hearings be Held Digitally

Vote Smart's Synopsis:

Vote to pass a bill that requires all unemployment hearings be held digitally.

Highlights:

 

  • Authorizes notices of hearings to be provided electronically to parties and communications related to the scheduling of and access to hearings to be made by telephone, email, or other electronic means, if the party has agreed to receive notices and other communications by these means, and require notices of decisions and other documents that are required to be sent by mail to also be sent by email or other electronic means whenever possible (Sec. 1.VII).

  • Requires the board to solicit public comments on the creation of temporary rules for hearings. the public comment period to be at least 15 days and not more than thirty days. Within 30 days of the effective date of this paragraph, the board will submit a notice of the public comment period to the legislative reference bureau for publication in the Pennsylvania Bulletin (Sec. 1-2.I).

  • Requires hearings to be conducted via telephone, videoconference or other electronic means unless the referee determines that good cause exists to hold an in-person hearing (Sec. 1-3).

  • Authorizes a party to request an in-person hearing for good cause. The hearing notice will include notice of the procedure to request an in-person hearing (Sec. 1-4).

  • Specifies “good cause” can include any of the following circumstances (Sec. 1-5):

    • A party to the hearing, or a witness has a physical, mental or intellectual disability, which would impose an undue hardship on the individual if the hearing is conducted via telephone, videoconference or other electronic means;

    • A party to the hearing, or a witness requires an interpreter, and the department cannot reasonably provide interpretation services via telephone, videoconference or other electronic means;

    • A party to the hearing offers compelling evidence that conducting the hearing via telephone, videoconference or other electronic means would create a significant advantage for an opposing party; or

    • A party to the hearing affirms that the party is unable to participate in the hearing via telephone, videoconference or other electronic means.

  • Requires the Department of Labor and Industry to, wherever possible, make attempts to assist the board in facilitating access to hearings held via telephone, videoconference or other electronic means for parties and witnesses who request assistance in gaining access to the technology necessary to participate in a hearing (Sec. 1-6).

  • Requires in-person hearings on appeals to be held within the county in which the employee regularly reports for work. Such hearings may be held at the county seat or at such other suitable place or places within the county as the board shall designate, and when all of the parties to any appeal and the board agree, such hearings may be held at any suitable place (Sec. 505.1).

Title: Requires All Unemployment Hearings be Held Digitally

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