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52 PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW
notice and setting forth in detail the item or items to which exception
is taken and the reasons therefor. Such period of ninety days may be
extended with the approval of the department upon written application
by the employer filed prior to the expiration of such period.
((1) amended Dec. 17, 1959, P.L.1893, No.693)
(2) The department shall promptly notify each employer of his rate of
contribution for the calendar year, determined as provided in this section
and sections 301.1, 301.2 and 301.6 of this act. The determination of the
department of the employer's rate of contribution shall become conclusive
and binding upon the employer, unless within ninety (90) days after the
mailing of notice thereof to the employer's last known post office
address the employer files an application for review, setting forth his
reasons therefor: Provided, That if the department finds that because of
an error of the department it has notified an employer that his rate of
contribution is more than the rate to which he is entitled, the department
shall, within one year from the date of such notice, adjust the rate of
contribution. The department may, if it deems the reasons set forth by the
employer insufficient to change the rate of contribution, deny the
application, otherwise it shall grant the employer a fair hearing. The
employer shall be promptly notified of the denial of his application or of
the department's redetermination. In any application for review filed
hereunder and in any further appeal taken thereafter, no questions shall be
raised with respect to the employer's contribution rate, except such as
pertains to the determination of the employer's Benefit Ratio Factor and
Reserve Ratio Factor.
((2) amended July 21, 1983, P.L.68, No.30)
(g) Pending the determination of the correct rate of contribution payable by an
employer when an application for redetermination has been filed with the
department or when an appeal to court has been taken, the employer shall be
liable to the payment of the contributions at the rate as determined by the
department. But if the rate of contribution is changed by redetermination of the
department or order of court then the department shall, without application by
the employer, make an adjustment thereof in connection with subsequent
contribution payments as provided in section three hundred eleven of this act,
or the employer may apply for a refund in accordance with said action.