reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3132. Authority to use federal grants; limitations.

§ 3132. Authority to use federal grants; limitations.
If § 303(a)(5) of Title III of the federal Social Security Act [42 U.S.C. § 503(a)(5)] and § 3304(a)(4) of the Internal Revenue Code [26 U.S.C. § 3304(a)(4)] are amended by the Congress of the United States to permit the Department to use, in financing administrative expenditures incurred in carrying out its employment security functions, some part of the moneys collected or to be collected under this part in partial or complete substitution for grants under Title III of the federal Social Security Act [42 U.S.C. § 501 et seq.], there shall be available to the Department without further appropriation or legislation such portion of the moneys collected or to be collected under this part, as the Department finds necessary for effective administration of this part. In no event shall the funds expended by the Department under this provision in any year be in excess of 2/1 0 of 1 percent of the payrolls of employers subject to assessments collected under this part for the previous fiscal year. Such amount shall be determined annually by the Department in conjunction with the Secretary of Finance and shall be transferred to the Administration Fund. Any unexpended portion of this annual allocation shall revert to the Unemployment Compensation Reserve Fund.
41 Del. Laws, c. 258, §  7;  46 Del. Laws, c. 162, §  12;  19 Del. C. 1953, §  3133;  53 Del. Laws, c. 79, §  1;  57 Del. Laws, c. 669, §  4G;  57 Del. Laws, c. 741, §  36;  58 Del. Laws, c. 143, §  4;  66 Del. Laws, c. 52, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3133. Authority to borrow federal funds.

§ 3133. Authority to borrow federal funds.
The Department is authorized to enter into such agreement as may be necessary to secure any advance or grant of funds by the Secretary of the Treasury of the United States in accordance with the authority extended under § 1201 of the federal Social Security Act (42 U.S.C. § 1321), as amended, or under any other act of Congress extending such authority.
Any amount transferred to the Unemployment Trust Fund by the Secretary of the Treasury of the United States under the terms of any agreement entered into in accordance with the authority extended in this section shall be repaid to the Secretary of the Treasury of the United States from the Unemployment Trust Fund.
Interest on interest-bearing advances from the federal government for the payment of unemployment compensation benefits shall be paid in a timely manner, as prescribed by the Secretary of Labor of the United States, from the Special Administration Fund for the Department of Labor as provided in § 3166 of this title.
19 Del. C. 1953, §  3134;  52 Del. Laws, c. 18, §  1;  57 Del. Laws, c. 669, §  4G;  64 Del. Laws, c. 158, §  1;  64 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter III. Delaware State Employment Service › § 3151. Establishment and purpose; acceptance of Wagner-Peyser Act.

§ 3151. Establishment and purpose; acceptance of Wagner-Peyser Act.
The Delaware State Employment Service is continued under the jurisdiction and as a part of the Department of Labor. The Department, in the conduct of such Service, shall establish and maintain free public employment offices in such number and in such places as are necessary for the proper administration of this part and for the purposes of performing such functions as are within the purview of the act of Congress entitled “An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system and for other purposes,” approved June 6, 1933, 48 Stat. 113, hereinafter referred to as the “Wagner-Peyser Act” [29 U.S.C. § 49 et seq.]. The provisions of such act of Congress are accepted by this State, and the Department of Labor is designated and constituted the agency of this State for the purposes of such act.
41 Del. Laws, c. 258, §  12;  45 Del. Laws, c. 267, §  11;  19 Del. C. 1953, §  3151;  53 Del. Laws, c. 232, §  1;  57 Del. Laws, c. 669, §  4G;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter III. Delaware State Employment Service › § 3152. Administration of funds received under Wagner-Peyser Act; power of Department to enter into agreements and to accept contributions or reimbursement.

§ 3152. Administration of funds received under Wagner-Peyser Act; power of Department to enter into agreements and to accept contributions or reimbursement.
All moneys received by this State under the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] shall be paid into the Unemployment Compensation Administration Fund and shall be expended solely for the maintenance of the state system of public employment offices. For the purposes of establishing and maintaining free public employment offices and promoting the use of their facilities, the Department may enter into agreements with the Railroad Retirement Board or any other agency of the United States, or of this or any other state charged with the administration of any law whose purposes are reasonably related to the purposes of this part, and as a part of such agreements may accept moneys, services or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed. All moneys received for such purposes shall be paid into the Unemployment Compensation Administration Fund.
41 Del. Laws, c. 258, §  12;  45 Del. Laws, c. 267, §  11;  19 Del. C. 1953, §  3152;  53 Del. Laws, c. 79, §  1;  57 Del. Laws, c. 669, §  4G;  63 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter III. Delaware State Employment Service › § 3153. General functions and purposes.

§ 3153. General functions and purposes.
The Department, in conducting the employment service, shall promote and develop an employment office or system of employment offices, in order:
(1) That employers seeking workers and the unemployed without cost to either may be referred to each other;
(2) To provide adequate quarters and facilities for the registration of employees and for the receipt of orders from employers;
(3) To provide prior opportunity of employment to citizens of Delaware and of the United States, except when such are unavailable and not qualified;
(4) To cooperate in the administration of unemployment insurance laws;
(5) To provide complete responsible records of all applicants;
(6) To reduce the wageless period between jobs and the resulting drain on savings, credit and social agencies;
(7) To develop and operate a technique by which workers in obsolete or similar occupations may be economically absorbed in a gainful occupation;
(8) To provide facilities by which those in need of rehabilitation or readjustment may be absorbed in private industry with mutual advantage;
(9) To provide information to juniors and those responsible for their training and influence in choosing the proper occupations;
(10) To reduce the cost to industry of procurement, sifting out and turnover;
(11) To provide existing facilities for government and industry in a period of national emergency;
(12) To provide for the clearance of labor to work opportunities between Delaware and the other states; and
(13) To cooperate in the dissemination of employment information and trends and with other public bodies to the end that governmental administration and legislation will have additional, necessary and accurate facts for their guidance.
36 Del. Laws, c. 108, §  1;  40 Del. Laws, c. 109, §  5;  Code 1935, §  2616;  19 Del. C. 1953, §  3153;  57 Del. Laws, c. 669, §  4G;  58 Del. Laws, c. 522, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter III. Delaware State Employment Service › § 3154. Cooperation with local authorities.

§ 3154. Cooperation with local authorities.
The Department shall cooperate with the counties, cities and towns of the State and shall require such local cooperation as it deems necessary to carry out this subchapter. Any local funds granted for the cooperative maintenance of a local office shall be deposited in the State Treasury and may be withdrawn only by warrants of the Department and only for that purpose.
36 Del. Laws, c. 108, §  1;  40 Del. Laws, c. 109, §  9;  Code 1935, §  2618;  19 Del. C. 1953, §  3154;  57 Del. Laws, c. 669, §  4G;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter IV. Special Funds › § 3161. Unemployment Compensation Fund.

§ 3161. Unemployment Compensation Fund.
There shall be a special fund, separate and apart from all public moneys or funds of this State, to be known as the Unemployment Compensation Fund which shall be administered by the Department exclusively for the purposes of this part.
This Fund shall consist of:
(1) All assessments collected under this part (except the additional emergency assessment required under § 3391 of this title) together with any interest thereon collected prior to October 1, 1967, pursuant to §§ 3357-3365 of this title;
(2) All penalties collected prior to October 1, 1967, pursuant to this part;
(3) Interest earned upon any moneys in the Fund;
(4) Any property or securities acquired through the use of moneys belonging to the Fund; and
(5) All earnings of such property or securities.
All moneys in the Fund shall be mingled and undivided.
41 Del. Laws, c. 258, §  9;  19 Del. C. 1953, §  3161;  53 Del. Laws, c. 79, §  1;  56 Del. Laws, c. 187, §  2;  57 Del. Laws, c. 669, §  4G;  64 Del. Laws, c. 158, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter IV. Special Funds › § 3162. Administration of Unemployment Compensation Fund by State Treasurer.

§ 3162. Administration of Unemployment Compensation Fund by State Treasurer.
(a) The State Treasurer shall be ex officio the treasurer and custodian of the Unemployment Compensation Fund. The Treasurer shall administer such Fund in accordance with the directions of the Department and shall issue warrants upon it in accordance with such regulations as the Department prescribes. The Treasurer shall maintain within the Fund 3 separate accounts:
(1) A clearing account;
(2) An unemployment trust fund account; and
(3) A benefit account.
All moneys payable to the Fund, upon receipt thereof by the Department, shall be forwarded to the State Treasurer, who shall immediately deposit them in the clearing account. Refunds payable pursuant to § 3365 of this title shall be paid in accordance with that section and may be paid from the clearing account upon warrants issued by the State Treasurer under the direction of the Department.
Notwithstanding any provisions of law in this State relating to the deposit, administration, release or disbursement of moneys in the possession or custody of this State, after clearance thereof, all moneys in the clearing account derived from assessments (except the additional emergency assessment required under § 3391 of this title) shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this State in the Unemployment Trust Fund established and maintained pursuant to § 904 of the federal Social Security Act, as amended (42 U.S.C. § 1104), and all moneys derived from the additional emergency assessment required under § 3391 of this title, interest and penalties shall be deposited in the Special Administration Fund of the Department of Labor established and maintained pursuant to § 3166 of this title. The benefit account shall consist of all moneys requisitioned from this State's account in the Unemployment Trust Fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the State Treasurer, under the direction of the Department, in any bank or public depository in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the Fund.
(b) The State Treasurer shall be liable on official bond for the faithful performance of duties in connection with the Unemployment Compensation Fund provided for under this part. Such liability on the official bond shall exist in addition to the liability upon any separate bond given by the State Treasurer.
41 Del. Laws, c. 258, §  9;  45 Del. Laws, c. 267, §  9;  19 Del. C. 1953, §  3162;  56 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 669, §  4G;  57 Del. Laws, c. 741, §  36;  58 Del. Laws, c. 522, §  4;  61 Del. Laws, c. 427, §  1;  61 Del. Laws, c. 468, §  7;  64 Del. Laws, c. 158, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter IV. Special Funds › § 3163. Requisitions for payment of benefits; disposition of unclaimed or unpaid money.

§ 3163. Requisitions for payment of benefits; disposition of unclaimed or unpaid money.
Moneys shall be requisitioned from this State's account in the Unemployment Trust Fund solely for the payment of benefits and/or self-employment assistance allowances and in accordance with regulations prescribed by the Department. The Department shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amounts standing to this State's account therein, as it deems necessary for the payment of benefits and/or self-employment assistance allowances for a reasonable future period. Upon receipt thereof the State Treasurer shall deposit such moneys in the benefit account and shall issue warrants for the payment of benefits and/or self-employment assistance allowances solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All warrants issued by the State Treasurer for the payment of benefits and/or self-employment assistance allowances and refunds shall bear the signature of the State Treasurer and the countersignature of the Department or its duly authorized agent for that purpose. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits and/or self-employment assistance allowances during succeeding periods, or, at the discretion of the Department, shall be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the Unemployment Trust Fund, as provided in § 3162 of this title.
41 Del. Laws, c. 258, §  9;  57 Del. Laws, c. 669, §  4G;  57 Del. Laws, c. 741, §  36;  61 Del. Laws, c. 427, §  1;  61 Del. Laws, c. 468, §  7;  70 Del. Laws, c. 43, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter IV. Special Funds › § 3164. Unemployment Compensation Administration Fund.

§ 3164. Unemployment Compensation Administration Fund.
(a) There shall be in the State Treasury a special fund to be known as the Unemployment Compensation Administration Fund. All moneys which are deposited or paid into this Fund shall be continuously available to the Department for expenditure in accordance with this part and shall not lapse at any time or be transferred to any other fund. All moneys in this Fund which are received from the federal government or any agency thereof or which are appropriated by this State for the purposes described in §§ 3151 and 3152 of this title shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor of the United States for the proper and efficient administration of this part. The Administration Fund shall consist of all moneys appropriated by this State, all moneys received from the United States of America, or any agency thereof, including the Secretary of Labor of the United States, and all moneys received from any other source for such purpose, and shall also include any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Unemployment Compensation Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such Fund and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this part. All moneys in the Administration Fund shall be deposited, administered and disbursed, in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury, except that moneys in this Fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of a depositary bank.
(b) The State Treasurer shall be liable on the Treasurer's official bond for the faithful performance of duties in connection with the Administration Fund provided for under this section. Such liability on the official bond shall exist in addition to any liability upon any separate bond which may be given by the State Treasurer. All sums recovered on any surety bond for losses sustained by the Administration Fund shall be deposited in that Fund.
41 Del. Laws, c. 258, §  13;  43 Del. Laws, c. 280, §  19;  19 Del. C. 1953, §  3164;  57 Del. Laws, c. 669, §§  4G, 4H;  57 Del. Laws, c. 741, §  36;  58 Del. Laws, c. 522, §  5;  61 Del. Laws, c. 427, §  1;  61 Del. Laws, c. 468, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter IV. Special Funds › § 3165. Reimbursement of Administration Fund by State.

§ 3165. Reimbursement of Administration Fund by State.
If any moneys received after June 30, 1941, from the Secretary of Labor of the United States under Title III of the Social Security Act [42 U.S.C. § 501 et seq.] or any unencumbered balances in the Unemployment Compensation Administration Fund as of that date or any moneys granted after that date to this State pursuant to the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] or any moneys made available by this State or its political subdivisions are found by the Secretary of Labor of the United States because of any action or contingency to have been lost or been expended for purposes other than or in amounts in excess of those found necessary by the Secretary of Labor of the United States for the proper administration of this part, it is the policy of this State that such amounts shall be replaced from the moneys in the Special Administration Fund of the Department of Labor. Upon receipt of notice of such a finding by the Secretary of Labor of the United States, the Department shall promptly replace the amount required for such replacement from the Special Administration Fund, or, if the balance in this Fund is insufficient, it shall promptly report the amount required for such replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly the request for the appropriation of such amount. This section and § 3164 of this title shall not be construed to relieve this State of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.
41 Del. Laws, c. 258, §  13;  43 Del. Laws, c. 280, §  19;  19 Del. C. 1953, §  3165;  56 Del. Laws, c. 187, §  4;  57 Del. Laws, c. 669, §§  4G, 4H, 4J;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter I. General Provisions › § 3301. Declaration of public policy.

§ 3301. Declaration of public policy.
As a guide to the interpretation and application of this chapter, the public policy of this State is declared to be as follows:
economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this State. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and the worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be accomplished by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this State require the enactment of this measure, under the police power of the State, for the compulsory setting aside of an unemployment reserve to be used for the benefit of persons unemployed through no fault of their own.
41 Del. Laws, c. 258;  19 Del. C. 1953, §  3301;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter I. General Provisions › § 3303. Fraternal benefit societies subject to assessment payments.

§ 3303. Fraternal benefit societies subject to assessment payments.
Section 6140 of Title 18 [repealed] shall not relieve the fraternal benefit societies mentioned in such § 6140 of Title 18 [repealed] from the payment of the assessments required by this chapter.
41 Del. Laws, c. 258, §  2;  42 Del. Laws, c. 196, §  6;  19 Del. C. 1953, §  3303;  53 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter I. General Provisions › § 3304. Day of filing; computation of time.

§ 3304. Day of filing; computation of time.
When any notice, report or other document is required to be filed under this chapter and the same is forwarded by mail to the Department, the day of mailing shall be deemed to be the day of filing.
When the day, or the last day, for doing any act required to be done falls on Saturday, Sunday or a holiday, the act may be done on the first ensuing day that is not a Saturday, Sunday or holiday.
Unless otherwise specified, all references to days in this chapter shall mean calendar days.
41 Del. Laws, c. 258, §  2;  48 Del. Laws, c. 179, §  1;  19 Del. C. 1953, §  3304;  57 Del. Laws, c. 669, §  5B;  84 Del. Laws, c. 150, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter I. General Provisions › § 3305. Termination of chapter upon amendment, repeal or declaration of unconstitutionality of federal Social Security Act; disposition of moneys.

§ 3305. Termination of chapter upon amendment, repeal or declaration of unconstitutionality of federal Social Security Act; disposition of moneys.
This chapter is enacted as part of a national plan of social security in conformity to the federal Social Security Act [42 U.S.C. § 301 et seq.].
In the event that the tax levied under § 3301 of the Federal Unemployment Tax Act [26 U.S.C. § 3301], against which assessments under this chapter may be credited, is amended or repealed by Congress or declared unconstitutional by the Supreme Court of the United States, with the result that no portion of the assessments required under this chapter may be credited against such federal tax, the provisions of this chapter, except those of this section and except as otherwise provided in this chapter, shall become inoperative. Thereupon, all assets standing to the credit of this State in the Unemployment Trust Fund in the United States Treasury shall be promptly requisitioned by the Department of Labor, which is granted continuing authority for the purposes of this section, and, together with all assets in the Unemployment Compensation Fund, shall be refunded to persons required to pay assessments under this chapter in accordance with the regulations prescribed by the Department.
Any interest or earnings of the Fund and any fines or penalties collected pursuant to this chapter shall be available to the Department to pay for the costs of making refunds pursuant to this section.
In the case of the Unemployment Compensation Administration Fund, any moneys therein received from the Secretary of Labor of the United States shall thereafter be dealt with by the Treasurer of this State in accordance with the regulations of the Secretary of Labor of the United States and the conditions of the grant to this State by the Secretary of Labor of the United States. Any assets in the Unemployment Compensation Administration Fund which have been received by this State from the United States employment service or which have been appropriated by the General Assembly for the State Employment Service shall remain available to the State Employment Service, which Service shall continue in existence as if this chapter had not been enacted. The same action shall be taken with respect to assets in the Unemployment Compensation Fund, the Unemployment Trust Fund and the Unemployment Compensation Administration Fund in the event that this chapter is repealed by the General Assembly or finally declared invalid by the Supreme Court of the State or by the Supreme Court of the United States.
41 Del. Laws, c. 258, §  22;  19 Del. C. 1953, §  3305;  53 Del. Laws, c. 79, §  4;  53 Del. Laws, c. 232, §  1;  57 Del. Laws, c. 669, §§  5B-5D;  58 Del. Laws, c. 522, §  15;  63 Del. Laws, c. 427, §  5;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter I. General Provisions › § 3306. Reservation of power to amend or repeal chapter.

§ 3306. Reservation of power to amend or repeal chapter.
The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time.
41 Del. Laws, c. 258, §  20;  19 Del. C. 1953, §  3306;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter I. General Provisions › § 3307. Required employee background checks.

§ 3307. Required employee background checks.
(a) All prospective employees, contractors, and any subcontractors thereof, of the Department who will have access to federal tax information shall obtain a background check as provided in subsection (c) of this section in order to be considered for employment to ensure compliance by the Department with § 6103(p)(4) of the Internal Revenue Code of 1986 (26 U.S.C. § 6103(p)(4)) and Internal Revenue Service Publication 1075, including amendments thereto, and any successor statutory provisions or Internal Revenue Service publications.
(b) All current employees, contractors, and any subcontractors thereof, of the Department who have access to federal tax information shall be required to submit to an initial and subsequent background checks as provided in subsection (c) of this section not less frequently than necessary to ensure compliance by the Department with Internal Revenue Service Publication 1075, including any amendments thereto and any successor Internal Revenue Service publications.
(c) A person required to obtain a background check under this chapter shall submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following:
(1) A report of the person's entire criminal history record from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that person.
(2) A report of the person's entire federal criminal history record from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534) or a statement that the Federal Bureau of Investigation's records contain no such information relating to that person.
(d) The State Bureau of Identification shall be the intermediary for the purpose of subsection (c) of this section and shall forward all information required by subsections (a) and (b) of this section to the Department.
(e) The Department may adopt such standards for screening the background checks required by this section as the Department shall determine appropriate.
81 Del. Laws, c. 311, § 1;  84 Del. Laws, c. 63, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3311. Extent of benefits; liability of State or Department.

§ 3311. Extent of benefits; liability of State or Department.
Benefits shall be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the Unemployment Compensation Fund and neither the State nor the Department shall be liable for any amount in excess of such sums.
41 Del. Laws, c. 258, §  23;  19 Del. C. 1953, §  3311;  57 Del. Laws, c. 669, §  5B;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3312. Benefit payments under regulations of Department.

§ 3312. Benefit payments under regulations of Department.
All benefits shall be paid through employment offices, in accordance with such regulations as the Department prescribes.
41 Del. Laws, c. 258, §  3;  45 Del. Laws, c. 267, §  5;  19 Del. C. 1953, §  3312;  57 Del. Laws, c. 669, §  5B;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3316. Seasonal employment; benefit requirements.

§ 3316. Seasonal employment; benefit requirements.
(a) In the case of a claimant whose base period earnings represent 75 percent or more earnings received for seasonal employment, benefits shall be payable in any benefit year in any given calendar month only if the claimant had been employed in the corresponding month of the claim base period.
(b) As used in this section, “seasonal employment” means employment in a seasonal industry by an individual who has been engaged in such industry during the claim base period and who, during the portion or portions of the year when such industry was not in operation, was not engaged in any other work. No occupation or industry shall be deemed to provide seasonal employment that is not part of the first processing of agricultural products and/or seafood products.
(c) For the purposes of this section, a week shall be considered to fall within a month if 4 or more days of the week fall within such month. The limitations of this section shall not apply to the payment of benefits for partial employment.
66 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3319. Appointment, organization, disqualification and compensation of appeal tribunals.

§ 3319. Appointment, organization, disqualification and compensation of appeal tribunals.
To hear and decide disputed claims, protests under § 3368(e) of this title, disputed overpayments and overpayment waivers under § 3325 of this title, and hearings under § 3369 of this title, the Department shall appoint 1 or more impartial appeal tribunals consisting in each case of either a salaried examiner, to be known as a referee, or a body consisting of 3 members, 1 of whom shall be a referee who shall serve as chairperson, 1 of whom shall be a representative of employers and the other of whom shall be a representative of employees. Each of the latter 2 members shall serve at the pleasure of the Department and be paid a fee of not more than $10 per day of active service on such tribunal plus necessary expenses. No person shall participate on behalf of the Department in any case in which that person is an interested party. The Department may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairperson shall act alone in the absence or disqualification of any other member and that member's alternates. In no case shall the hearing proceed unless the chairperson of the appeal tribunal is present.
41 Del. Laws, c. 258, §  6;  19 Del. C. 1953, §  3319;  57 Del. Laws, c. 669, §  5B;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 129, § 1;  84 Del. Laws, c. 212, § 3;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3320. Review.

§ 3320. Review.
(a) The Unemployment Insurance Appeal Board [UIAB] may on its own motion, affirm, modify, or reverse any decision of an appeal tribunal on the basis of the evidence previously submitted to the appeal tribunal or it may permit any of the parties to such decision to initiate further appeal before it. The Unemployment UIAB shall remand a case to the appeal tribunal to supplement the existing evidence when it is determined to be insufficient to form a substantial basis for a decision. Appeals to the UIAB may be made by the parties to a disputed unemployment insurance claim, as well as by the claims deputy whose decision is modified or reversed by an appeals tribunal. The UIAB shall promptly notify all interested parties of its findings and decision.
(b) On, or after, July 7, 2005, the UIAB shall schedule and hear any appeal of an Appeals Referee's decision where such appeal, although timely filed, was not scheduled and heard by the UIAB prior to December 31, 2004. Notwithstanding the appeal period set forth in § 3318(c) of this title, until August 6, 2005, the Unemployment Insurance Appeal Board shall consider as timely, any appeal of an Appeals Referee decision that could not have been accepted after December 31, 2004, and prior to July 7, 2005.
41 Del. Laws, c. 258, §  6;  19 Del. C. 1953, §  3320;  57 Del. Laws, c. 669, §  5E;  75 Del. Laws, c. 127, §§  1, 3, 4;  84 Del. Laws, c. 150, § 4;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3321. Procedure on review; record of proceedings.

§ 3321. Procedure on review; record of proceedings.
(a) The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Unemployment Insurance Appeal Board for determining the rights of the parties, whether or not such regulations conform to common-law or statutory rules of evidence and other technical rules of procedure.
(b) A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim shall be recorded but need not be transcribed unless the disputed claim is further appealed.
41 Del. Laws, c. 258, §  6;  19 Del. C. 1953, §  3321;  57 Del. Laws, c. 669, §  5F;  75 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3322. Finality of Board's decision; duty to exhaust administrative remedies; position of Department in judicial review.

§ 3322. Finality of Board's decision; duty to exhaust administrative remedies; position of Department in judicial review.
(a) Any decision of the Unemployment Insurance Appeal Board shall become final 15 days after the date of mailing or other delivery thereof, and judicial review thereof as provided in this subchapter shall be permitted only after any party claiming to be aggrieved thereby has exhausted all administrative remedies as provided by this chapter.
(b) The Department shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by the Department and designated by it for that purpose or at the Department's request by the Attorney General.
41 Del. Laws, c. 258, §  6;  19 Del. C. 1953, §  3322;  57 Del. Laws, c. 669, §§  5B, 5F;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 127, §  1;  84 Del. Laws, c. 150, § 5;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3324. Witness fees.

§ 3324. Witness fees.
Witnesses subpoenaed pursuant to this subchapter shall be allowed fees at a rate fixed by the Unemployment Insurance Appeal Board. Such fees shall be a part of the expense of administering this chapter.
41 Del. Laws, c. 258, §  6;  19 Del. C. 1953, §  3324;  57 Del. Laws, c. 669, §  5F;  75 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3327. Employment by a temporary help firm.

§ 3327. Employment by a temporary help firm.
(a) For the purposes of this section, “temporary help firm” means a firm that hires its own employees and assigns them to clients to support or supplement the client's work force in work situations such as employee absences, temporary skill shortages, seasonal workloads and special assignments and projects. “Temporary employee” means an employee assigned to work for the clients of a temporary help firm.
(b) A temporary employee of a temporary help firm will be deemed to have voluntarily quit employment if the employee does not contact the temporary help firm for reassignment upon completion of an assignment. Failure to contact the temporary help firm will not be deemed a voluntary quit unless the claimant has been advised of the obligation to contact the firm upon completion of assignments and that unemployment benefits may be denied for failure to do so.
69 Del. Laws, c. 357, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter II. Compensation Benefits; Determination and Payment › § 3329. Voluntary withholding of federal income tax from benefits.

§ 3329. Voluntary withholding of federal income tax from benefits.
(a) An individual filing a new claim for unemployment insurance benefits shall, at the time of filing such claim, be advised that:
(1) Unemployment insurance benefits are subject to federal, state and local income tax;
(2) Requirements exist pertaining to estimated tax payments;
(3) The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment insurance benefits at the amount specified in the federal Internal Revenue Service Code; and
(4) The individual shall be permitted to change a previously elected withholding status no more than once during a claim benefit year.
(b) Amounts deducted and withheld from unemployment insurance benefits shall remain in the Unemployment Insurance Trust Fund until transferred to the federal taxing authority as a payment of income tax.
(c) The Director of Unemployment Insurance shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.
(d) Amounts deducted and withheld from unemployment insurance benefits for federal income tax shall be deducted and withheld only after amounts are deducted and withheld in the deduction priority established by the Director of Unemployment Insurance for any overpayments, child support obligations, food stamp over-issuances or any other amounts required to be deducted and withheld under this title.
(e) The provisions of this section relating to the voluntary deduction and withholding of federal income tax from unemployment insurance benefits shall apply to benefit payments made on or after January 1, 1997.
70 Del. Laws, c. 574, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter III. Employer’s Coverage and Assessments › § 3341. Period of employer's coverage.

§ 3341. Period of employer's coverage.
Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such calendar year.
41 Del. Laws, c. 258, §  8;  19 Del. C. 1953, §  3341;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter III. Employer’s Coverage and Assessments › § 3342. Termination of employer's coverage.

§ 3342. Termination of employer's coverage.
Except as otherwise provided in § 3343 of this title, an employing unit shall cease to be an employer subject to this chapter only as of January 1 of any calendar year if it files with the Department, prior to January 5 of such year, a written application for termination of coverage and the Department finds that there was no employment as defined in §§ 3302(8)(A) and (10)(C) of this title performed for an employing unit within the preceding calendar year.
For purposes of this section, the 2 or more employing units mentioned in § 3302(8)(D), (8)(E) or (8)(F) of this title shall be treated as a single employing unit.
41 Del. Laws, c. 258, §  8;  19 Del. C. 1953, §  3342;  57 Del. Laws, c. 669, §  5B;  58 Del. Laws, c. 143, §  8;  58 Del. Laws, c. 522, §  22;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter III. Employer’s Coverage and Assessments › § 3343. Election of employer to be covered by this chapter.

§ 3343. Election of employer to be covered by this chapter.
(a) An employing unit, not otherwise subject to this chapter, which files with the Department its written election to become an employer subject to this chapter for not less than 2 calendar years, shall, with the written approval of such election by the Department, become an employer subject to this chapter to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject to this chapter as of January 1 of any calendar year subsequent to such 2 calendar years, if, at least 30 days prior to such January 1, it has filed with the Department a written notice to that effect.
(b) Any employing unit for which services that do not constitute employment as defined in this chapter are performed may file with the Department a written election that all such services performed by individuals in its employ in 1 or more distinct establishments or places of business shall be deemed to constitute employment for all purposes of this chapter for not less than 2 calendar years. Upon the written approval of such election by the Department, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in such approval. Such services shall cease to be deemed employment subject to this chapter as of January 1 of any calendar year subsequent to such 2 calendar years, if at least 30 days prior to such January 1 such employing unit has filed with the Department a written notice to that effect.
41 Del. Laws, c. 258, §  8;  19 Del. C. 1953, §  3343;  54 Del. Laws, c. 328, §  1;  57 Del. Laws, c. 669, §  5B;  58 Del. Laws, c. 143, §§  9, 10;  58 Del. Laws, c. 522, §  23;  58 Del. Laws, c. 530, §  3;  63 Del. Laws, c. 427, §  15;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter III. Employer’s Coverage and Assessments › § 3346. Deductibility of employer's assessments from employee's wages.

§ 3346. Deductibility of employer's assessments from employee's wages.
Assessments payable by the employer under this chapter shall not be deducted by the employer, in whole or in part, from the wages of individuals in such employer's employ.
41 Del. Laws, c. 258, §  7;  43 Del. Laws, c. 282, §  2;  19 Del. C. 1953, §  3346;  53 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter III. Employer’s Coverage and Assessments › § 3347. Fractions of a cent.

§ 3347. Fractions of a cent.
In the payment of any assessments, a fractional part of a cent shall be disregarded unless it amounts to 1/2 cent or more, in which case it shall be increased to 1 cent.
41 Del. Laws, c. 258, §  7;  43 Del. Laws, c. 282, §  2;  19 Del. C. 1953, §  3347;  53 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 33. UNEMPLOYMENT COMPENSATION › Subchapter III. Employer’s Coverage and Assessments › § 3349. General limitations on reduction of new employer rate.

§ 3349. General limitations on reduction of new employer rate.
(a) For the purpose of this section:
(1) “Computation date” means October 1 of any year.
(2) “Experience year” means the 4 consecutive calendar quarter periods beginning on July 1 of any year and ending on June 30 of the following year.
(3) “Rated employer” means an employer who has met the requirements of subsection (b), (c) or (d) of this section.
(b) Prior to January 1, 1980, no employer's rate shall be reduced below the standard rate for any calendar year unless and until the employer has had employment in each of the 4 consecutive experience years immediately preceding the computation date, and no employer shall be eligible for a reduced rate if the employer has reported no employment for 5 or more consecutive calendar quarters in such 4 experience years.
(c) After December 31, 1979, no employer's rate shall be reduced below the standard rate for any calendar year unless and until the employer has had employment in each of the 3 consecutive experience years immediately preceding the computation date, and no employer shall be eligible for a reduced rate if the employer has reported no employment for 5 or more consecutive calendar quarters in such 3 experience years.
(d) After July 1, 1986, no employer's rate shall be reduced below the new employer rate for any calendar year unless and until the employer has had employment in each of the 2 consecutive experience years immediately preceding the computation date.
41 Del. Laws, c. 258, §  7;  43 Del. Laws, c. 280, §  12;  44 Del. Laws, c. 207, §  7;  19 Del. C. 1953, §  3349;  50 Del. Laws, c. 115, §  7;  52 Del. Laws, c. 18, §§  2, 3;  53 Del. Laws, c. 32, §  3;  62 Del. Laws, c. 163, §§  2, 3;  63 Del. Laws, c. 192, §§  9, 10;  65 Del. Laws, c. 513, §  1;  66 Del. Laws, c. 74, §§  2-4;  70 Del. Laws, c. 186, §  1;