§ 101.128. Scheduling of telephone testimony.

 (a)  The tribunal may schedule, on its own motion, testimony by telephone of a party or witness when it appears from the record that the party or witness is located at least 50 miles from the location at which the tribunal will conduct the hearing, without regard to State boundaries.

 (b)  The tribunal may schedule testimony by telephone of a party or witness, at the request of one or more parties, when one of the following applies:

   (1)  The parties consent to the receipt of testimony by telephone.

   (2)  The party or witness is reasonably unable to testify in person due to a compelling employment, transportation, or health reason, or other compelling problem.

 (c)  Only a party or witness scheduled to testify by telephone, or identified prior to the taking of testimony in accordance with §  101.131(f) (relating to conduct of a telephone hearing), may testify by telephone, and the testimony of each other party or witness shall be received in person.

 (d)  The tribunal will promptly rule on a request that testimony be taken by telephone after a reasonable attempt has been made to inform the parties of the request, the basis for the request, the regulations under which telephone testimony can be taken, and the right of a party to object. The basis for the request, the position of the parties, if known, and the ruling will be documented on the record.

 (e)  A party or witness scheduled to testify by telephone will be permitted to testify in person.


   The provisions of this §  101.128 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6807.

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