reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter III. Determination and Payment of Benefits; Procedure › § 2359. Payment of award to bank in trust for employee or dependents.

§ 2359. Payment of award to bank in trust for employee or dependents.
(a) At any time after the entry of the award or after the filing of the agreement for compensation, a sum equal to all future installments of compensation may by leave of the Board where death or the nature of the injury renders the amount of future payments certain be paid by the employer to any savings bank or trust company approved by the Board which is chartered and doing business in this State and has an office in the county in which the award was entered. Such sum, together with all interest arising from the investment thereof, shall thereafter be held in trust for the employee, or the employee's dependents, who shall have no further recourse against the employer.
(b) Payment by the employer pursuant to subsection (a) of this section shall operate as a satisfaction of the award or agreement as to the employer.
(c) Payments from the fund established pursuant to subsection (a) of this section shall be made by the trustee on orders from the Board in the same amounts and at the same periods as are required of the employer by this chapter. If, after liability has ceased, any balance of the fund remains, it shall be returned to the employer who deposited it, on a signed order of the Board.
Code 1915, §  3193u;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  7;  Code 1935, §  6091;  19 Del. C. 1953, §  2359;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter III. Determination and Payment of Benefits; Procedure › § 2360. Installment payments of compensation.

§ 2360. Installment payments of compensation.
Except as otherwise provided in this chapter, all compensation, except benefits pursuant to § 2326 of this title, payable under the compensatory provisions of this chapter shall be payable in periodical installments, as the wages of the employee were payable before the accident. The Board may, however, having regard to the welfare of the employee and the convenience of the employer, authorize the monthly or quarterly payment of compensation, instead of weekly.
Code 1915, §  3193hh;  29 Del. Laws, c. 233;  Code 1935, §  6104;  19 Del. C. 1953, §  2360;  75 Del. Laws, c. 34, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter III. Determination and Payment of Benefits; Procedure › § 2361. Limitation periods for claims.

§ 2361. Limitation periods for claims.
(a) In case of personal injury, all claims for compensation shall be forever barred unless, within 2 years after the accident, the parties have agreed upon the compensation as provided in § 2344 of this title or unless, within 2 years after the accident, 1 or more of the interested parties have appealed to the Board as provided in § 2345 of this title. In cases of death, all claims for compensation shall be forever barred unless, within 2 years after the death, the parties have agreed upon the compensation as provided in § 2344 of this title or unless, within 2 years after the death, 1 or more of the interested parties have appealed to the Board as provided in § 2345 of this title.
(b) Where payments of compensation have been made in any case under an agreement approved by the Board or by an award of the Board, no statute of limitation shall take effect until the expiration of 5 years from the time of the making of the last payment for which a proper receipt has been filed with the Department.
(c) Notwithstanding the above, and in furtherance of and accordance with the provisions of § 2322F(j) of this title regarding utilization review, any utilization review decision issued pursuant to applicable rules and regulations promulgated pursuant to § 2322F(j) of this title shall be final and conclusive as to any interested party unless within 45 days from the date of receipt of the utilization review decision any interested party files a petition with the Industrial Accident Board for de novo review.
(d) All claims for compensation for compensable occupational disease or for an ionizing radiation injury shall be forever barred unless a petition is filed in duplicate with the Department within 1 year after the date on which the employee first acquired such knowledge that the disability was or could have been caused or had resulted from employment. In case of death, all claims for compensation for compensable occupational disease or for an ionizing radiation injury shall be forever barred unless a petition is filed in duplicate with the Department within 1 year after the date on which the person or persons entitled to file such claims know, or by the exercise of reasonable diligence should know, the possible relationship of the death to the employment.
Code 1915, §§  3193v, 3193rr;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  9;  35 Del. Laws, c. 192, §  2;  Code 1935, §§  6114, 6092;  41 Del. Laws, c. 241, §  1;  19 Del. C. 1953, §  2361;  50 Del. Laws, c. 339, §§  17-19;  59 Del. Laws, c. 454, §  8;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §§  17, 18;  79 Del. Laws, c. 55, §  4;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter III. Determination and Payment of Benefits; Procedure › § 2362. Notice of denial of liability; penalty for delay in payment of compensation.

§ 2362. Notice of denial of liability; penalty for delay in payment of compensation.
(a) An employer or its insurance carrier shall within 15 days after receipt of knowledge of a work-related injury notify the Department and the claimant in writing of:
the date the notice of the claimant's alleged industrial accident was received; whether the claim is accepted or denied; if denied, the reason for the denial; or if it cannot accept or deny the claim, the reasons therefor and approximately when a determination will be made.
(b) All medical expenses shall be paid within 30 days after bills and documentation for said expenses are received by the employer or its insurance carrier for payment, unless the carrier or self-insured employer notifies claimant or the claimant's attorney in writing that said expenses are contested or that further verification is required.
(c) In the event that the parties reach a written agreement as to compensation due to claimant, payment of compensation shall commence within 14 days of the date of that agreement. The parties must also file the original agreement, and if applicable, a receipt with the Department of Labor within 14 days of the date of the agreement.
(d) Following an award by the Board, the first payment of compensation shall be paid by the employer or its insurance carrier no later than 14 days after the award becomes final and binding pursuant to § 2349 of this title.
(e) If, following a hearing, the Board determines that the employer or its insurance carrier failed in its responsibilities under subsection (a), (b), (c) or (d) of this section, it shall assess a fine no less than $500 and no more than $2,500. The fine shall be payable to the Workers' Compensation Fund.
Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  Code 1935, §  6080;  47 Del. Laws, c. 160, §  4;  19 Del. C. 1953, §  2362;  50 Del. Laws, c. 339, §  20;  58 Del. Laws, c. 531, §  4;  70 Del. Laws, c. 95, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  9;  73 Del. Laws, c. 196, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter III. Determination and Payment of Benefits; Procedure › § 2365. Employee entitled to exercise rights; relief to be granted.

§ 2365. Employee entitled to exercise rights; relief to be granted.
It shall be unlawful for any employer or the duly authorized agent of any employer to discharge or to retaliate or discriminate in any manner against an employee as to the employee's employment because such employee has claimed or attempted to claim workers' compensation benefits from such employer, because such employee reported an employer's noncompliance with a provision of this chapter, or because such employee has testified or is about to testify in any proceeding under this chapter. Any claim of an employee alleging such action by an employer shall be filed with the Superior Court within 2 years of the employer's alleged action. If the Court, after hearing, finds in favor of the employee, the employee shall be restored to employment or to the position, privilege, right or other condition of employment denied by such action and shall be compensated for any loss of compensation and damages caused thereby, as well as for all costs and attorney's fees, as fixed by the Court, except that if the employee shall cease to be qualified to perform the duties of employment, the employee shall not be entitled to such restoration and compensation. An employer who violates this section shall be liable to pay a penalty of not less than $500 and not more than $3,000, as may be determined by the Court and which shall be paid to the Workers' Compensation Fund. Any party shall have the right to appeal as in other cases before the Court, but if the employee's claim ultimately is sustained, the employer also shall be liable for all costs and attorney's fees on appeal.
69 Del. Laws, c. 370, §  1;  71 Del. Laws, c. 84, §  9;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems › § 2371. Insurance of employer's compensation liability.

§ 2371. Insurance of employer's compensation liability.
(a) Every employer to whom this chapter applies shall insure the payment of compensation to the employees, or their dependents, in the manner provided in § 2372 of this title. While such insurance remains in force, the employer shall be liable to any employee, or the employee's dependents, for personal injury or death by accident only to the extent and in the manner specified in this chapter.
(b) Every employer having a primary place of business in another state shall carry Delaware workers' compensation coverage in full for any employees doing substantial work in the State as if they were an employer in Delaware. Every such employer whose employee is injured during the course of employment within the territory of the State shall notify such employee of that employee's rights under this chapter.
(c) Substantial work shall include, but not be limited to:
(1) A construction or contracting business for which a Delaware employer would be required to be licensed under Chapter 25 of Title 30;
(2) A business of any sort in which 1 or more employees is primarily engaged in the business of the employer in the territory of the State of Delaware for more than 5 consecutive work days at a single time; or
(3) Working for a business of any sort in which 1 or more employees is primarily engaged in the business of the employer for more than an aggregate of 3 weeks in any 6-month period. For purposes of this section a week shall consist of 5 consecutive work days.
(d) The insurance required of the above-described employers shall consist of:
(1) An actual Delaware workers' compensation policy covering the activities of the employer for any employee engaged in the employer's business in the territory of the State; or
(2) A written rider on an out-of-state policy of insurance covering the work activities of the employees as fully and completely as an actual Delaware workers' compensation policy would; or
(3) A declaration of self-insurance that would be valid and acceptable if made by a Delaware employer in the territory of the State providing such coverage, filings and surety as is required of Delaware employers to be self-insured for claims for Delaware workers' compensation.
(e) All such employers described in this section shall comply with §§ 2372, 2373 and 2374 of this title.
(f) Every Delaware construction or contracting business employing an out-of-state business for which a Delaware employer would be required to be licensed under Chapter 25 of Title 30 shall verify in any business transaction that the out-of-state construction or contracting business is in compliance with this requirement.
Code 1915, §  3193y;  29 Del. Laws, c. 233;  Code 1935, §  6095;  19 Del. C. 1953, §  2371;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 1, §  21;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems › § 2373. Payment of compensation by self-insurer.

§ 2373. Payment of compensation by self-insurer.
Whenever an employer who is a self-insurer under this chapter enters into an agreement to pay compensation to an injured employee or the employee's dependents in case of the employee's death or whenever an award is made by the Board in favor of such injured employee or the employee's dependents in case of the employee's death, the employer shall pay the full liability under the agreement or award to a savings bank or trust company in accordance with § 2359 of this title. Such fund, together with all interest arising from the investment thereof, shall be held and paid out in accordance with § 2359 of this title. Failure on the part of a self-insured employer to make such payment within 30 days after the making of an agreement or award shall forthwith terminate the right of such employer to carry the employer's own insurance.
Code 1915, §  3193z;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  8;  37 Del. Laws, c. 239, §  3;  Code 1935, §  6096;  19 Del. C. 1953, §  2373;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems › § 2375. Certificate of self-insurance; revocation.

§ 2375. Certificate of self-insurance; revocation.
Whenever an employer has complied with § 2372 of this title relating to self-insurance, the Department shall issue to such employer a certificate which shall remain in force for a period fixed by the Department. The Department may however, upon at least 60 days' notice and a hearing to the employer, revoke the certificate upon presentation of satisfactory evidence for such revocation. After the expiration of 1 year from such revocation, the Department may grant a new certificate to the employer upon the employer's petition.
Code 1915, §  3193bb;  29 Del. Laws, c. 233;  Code 1935, §  6098;  19 Del. C. 1953, §  2375;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  3;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems › § 2376. Evidence of compliance with self-insurance requirements.

§ 2376. Evidence of compliance with self-insurance requirements.
For the purpose of complying with § 2372 of this title, groups of employers may form mutual insurance associations under the laws of this State, subject to such reasonable conditions and restrictions as may be fixed by the Department. Membership in such mutual insurance associations, so approved, together with evidence of the payment of premium dues, shall be evidence of compliance with § 2372 of this title.
Code 1915, §  3193cc;  29 Del. Laws, c. 233;  Code 1935, §  6099;  19 Del. C. 1953, §  2376;  71 Del. Laws, c. 84, §  3;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems › § 2377. Substitute compensation systems; approval and termination.

§ 2377. Substitute compensation systems; approval and termination.
(a) Subject to the approval of the Department, any employer may enter into or continue any agreement with employees to provide a system of compensation, benefit or insurance in lieu of the compensation and insurance provided by this chapter.
(b) No such substitute system shall be approved unless it confers benefits upon injured employees at least equivalent to the benefits provided by this chapter, nor, if it requires contribution from the employees, unless it confers benefits in addition to those provided under this chapter at least commensurate with such contributions.
(c) Such substitute system may be terminated by the Department on reasonable notice and hearing to the interested parties, if it is shown that the system is not fairly administered or if its operation discloses latent defects threatening its solvency or if for any substantial reason it fails to accomplish the purposes of this chapter. Upon such termination the Department shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party in interest to take an appeal to the Superior Court.
Code 1915, §  3193d;  29 Del. Laws, c. 233;  Code 1935, §  6100;  19 Del. C. 1953, §  2377;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  3;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems › § 2378. Standard provisions of compensation insurance policies.

§ 2378. Standard provisions of compensation insurance policies.
(a) All policies insuring the payment of compensation under this chapter shall contain a clause to the effect that as between the employee and the insured the notice to or knowledge of the occurrence of the injury or death on the part of the insured shall be deemed notice or knowledge, as the case may be, on the part of the insurer, that jurisdiction of the insured for the purposes of this chapter shall be jurisdiction of the insurer and that the insurer shall in all things be bound by and subject to the awards, judgments or decisions rendered against such insured.
(b) No policy of insurance against liability arising under this chapter shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to them all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon and that the obligation shall not be affected by any default of the insured after the injury or by any default in the giving of any notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in the person's name.
(c) All policies insuring the payment of compensation under this chapter shall contain a clause to the effect that when an insurer intends not to renew a policy, notice of such nonrenewal shall be given to the named insured, in writing, not less than 60 days prior to the end of the policy period. For the purposes of this subsection, “renew” means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. Mailing of notice of intention not to renew to the named insured at the insured's address last of record with the insurer shall be by certified mail.
Code 1915, §§  3193ff, 3193ee;  29 Del. Laws, c. 233;  Code 1935, §§  6101, 6102;  19 Del. C. 1953, §  2378;  66 Del. Laws, c. 308, §  1;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems › § 2386. Violations by insurers or self-insurers; penalties.

§ 2386. Violations by insurers or self-insurers; penalties.
(a) If any insurance corporation, mutual association or company, interinsurance exchange or self-insurer:
(1) Violates this chapter; or
(2) Neglects or refuses to comply with this chapter; or
(3) Wilfully makes any false or fraudulent statement of its business or condition or a false or fraudulent return,
it shall be fined not less than $100 nor more than $1,000 for each such offense. The fine shall be assessed by the Industrial Accident Board after the insurance corporation, mutual association or company, interinsurance exchange or self-insurer is given notice and a hearing on the violation. The fine shall be payable to the State Treasurer.
(b) Whoever in this State:
(1) Acts or assumes to act as an agent in any capacity whatsoever for any insurance corporation, mutual association or company or interinsurance exchange, which is not authorized to do business in this State, or, if such authority to do business in this State has been suspended, so acts or assumes to act while such suspension is in force; or
(2) Neglects or refuses to comply with any obligatory provisions of this section; or
(3) Wilfully makes any false or fraudulent statement of the business or condition of any such insurance carrier or false or fraudulent return,
shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 90 days, or both.
Code 1915, §  3193fff;  30 Del. Laws, c. 204;  Code 1935, §  6128;  19 Del. C. 1953, §  2386;  58 Del. Laws, c. 531, §  5;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund › § 2391. Taxes on premiums of insurance carriers and payrolls of self-insurers.

§ 2391. Taxes on premiums of insurance carriers and payrolls of self-insurers.
(a) For the privilege of carrying on the business of workers' compensation insurance in this State, every insurance carrier shall pay the taxes imposed under the Insurance Code, and every employer carrying the employer's own risk and thereby insuring the employer's own self under this chapter shall pay the taxes imposed by this section.
(b) Every employer carrying the employer's own risk, and thereby insuring the employer's self under this chapter, shall annually on or before January 30 report under oath to the Department the total amount of the employer's payroll for the preceding calendar year, classified in accordance with classifications approved by the Department for the purpose of fixing compensation rates. The Department may verify such classifications and such statement of payroll by inspection and audit at the expense of the employer, and such verification shall be made by the rating bureau or association provided for in § 2607 of Title 18. The charges to self-insurers shall be the same charges which other insurance carriers are required to pay under this chapter. The Department shall assess against such payroll a tax computed by taking 4% of the amount of premium payable upon the payroll so ascertained in accordance with the classifications and premium rates approved by the Department for insurance against liability under this chapter. No employer shall become or continue a self-insurer under this chapter, except upon the payment of the tax for the previous calendar year. The moneys so assessed against and paid by insurers who carry their own risks shall be paid to the Secretary of Finance.
Code 1915, §  3193eee;  30 Del. Laws, c. 204;  Code 1935, §  6127;  42 Del. Laws, c. 55, §  3;  19 Del. C. 1953, §  2391;  57 Del. Laws, c. 741, §  29A;  61 Del. Laws, c. 152, §  1;  66 Del. Laws, c. 382, §§  8, 9;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 9, §§  66, 67;  70 Del. Laws, c. 172, §§  3, 4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  3;  73 Del. Laws, c. 266, §§  2-4;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund › § 2393. Notice to insurance carrier.

§ 2393. Notice to insurance carrier.
Whenever any officer of the State is required to give any notice to an insurance carrier subject to Part II of this title, it may be given by personal delivery or by mailed certified letter properly addressed and stamped to the principal office or chief agent of such insurance carrier within this State or to its home office or to the secretary, general agent or chief officer thereof in the United States or to the Insurance Commissioner of the State.
Code 1915, §  3193eee;  30 Del. Laws, c. 204;  Code 1935, §  6127;  19 Del. C. 1953, §  2393;  71 Del. Laws, c. 422, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund › § 2394. Exemption from other taxes upon premiums.

§ 2394. Exemption from other taxes upon premiums.
Any insurance carrier liable to pay a tax upon premiums under this subchapter shall not be liable to pay any other or further tax upon such premiums or on account thereof under any other law of this State.
Code 1915, §  3193eee;  30 Del. Laws, c. 204;  Code 1935, §  6127;  19 Del. C. 1953, §  2394;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund › § 2395. Workers' Compensation Fund; payments by insurance carriers.

§ 2395. Workers' Compensation Fund; payments by insurance carriers.
(a) Every insurance carrier insuring employers who are or may be liable under this chapter to pay for compensation for personal injuries to or death of their employees under this chapter shall pay to the Department annually, on or before March 1 and October 1 of each year, a sum not to exceed 1 percent at each date on all workers' compensation or employer liability premiums received by the carrier during the calendar year next preceding the due date of such payment.
(b) Such sums shall be paid by the Department to the State Treasurer, to be deposited in a special account known as “Workers' Compensation Fund.” Such sums shall not be a part of the General Fund of the State. Any balance remaining in such special account at the end of any fiscal year shall not revert to the General Fund.
(c) The amounts paid under this section shall constitute an element of loss for the purpose of establishing workers' compensation premium rates.
(d) Should the Department subsequently determine that the amounts assessed are insufficient to meet the Fund's obligations during a calendar year, it may assess insurance carriers to cover any anticipated deficiency, based upon the allocations for that calendar year as determined pursuant to subsection (a) of this section.
(e) Should the Department subsequently determine that the amounts assessed are sufficient to meet the Fund's obligations during a calendar year, it shall not assess insurance carriers until a deficiency is projected based upon the anticipated expenditures for the next calendar year as determined pursuant to subsection (a) of this section.
Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  Code 1935, §  6080;  45 Del. Laws, c. 299, §  1;  46 Del. Laws, c. 26;  19 Del. C. 1953, §  2395;  58 Del. Laws, c. 96, §§  2, 3;  58 Del. Laws, c. 531, §  6;  59 Del. Laws, c. 554, §§  1, 2;  70 Del. Laws, c. 172, §§  3, 4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §§  3, 9, 21, 22;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter V. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund › § 2396. Workers' Compensation Fund; reimbursement of carriers.

§ 2396. Workers' Compensation Fund; reimbursement of carriers.
(a) The Workers' Compensation Fund is created for the purpose of making payments under § 2327, § 2334, or § 2347 of this title by any insurance carrier.
(b) The Department shall perform the administrative, ministerial, fiscal and clerical functions of the Workers' Compensation Fund. The Fund shall be a party to and shall be represented by a Deputy Attorney General in any proceeding involving possible reimbursement to or from the Fund, and if the decision is against the Fund, the Fund may secure judicial review thereof by commencing an action in Superior Court in the county in which the hearing was held. Any expenses incurred in defense of the Fund are payable from said Fund.
(c) With respect to payments made subject to reimbursement under subsection (a) of this section, insurance carriers, on or before December 15 and July 1 of each year, shall file with the Department a report setting forth the money expended for said payments during the previous 6 months. Reimbursement to such insurance carrier shall be made on January 15 and August 1 each year.
Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  Code 1935, §  6080;  45 Del. Laws, c. 299, §  1;  46 Del. Laws, c. 26;  19 Del. C. 1953, §  2396;  58 Del. Laws, c. 96, §  5;  58 Del. Laws, c. 531, §  6;  71 Del. Laws, c. 84, §  23;  72 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter I. General Provisions › § 3101. Composition; appointment; term; qualifications; vacancy.

§ 3101. Composition; appointment; term; qualifications; vacancy.
(a) The Employment Security Commission of Delaware, renamed the Unemployment Insurance Appeal Board (hereinafter referred to as the “Board”), is continued. It shall consist of 5 members to be appointed by the Governor, each for a term of 6 years. Two members shall reside in New Castle County, 1 of whom shall reside in the City of Wilmington, 1 member shall reside in Kent County, 1 member shall reside in Sussex County and 1 member to serve in an at large position. Appointed members shall include, but not be limited to representatives from labor, the business community and the public.
(b) During the member's term of membership on the Board, no member shall serve as an officer or committee member of any political party organization and not more than 3 members of the Board shall be members of the same political party.
(c) Any vacancy in the Board occurring during a term shall be filled by appointment by the Governor for the unexpired portion of the term.
(d) Members of the Unemployment Insurance Appeal Board as of June 30, 2012, shall serve out the remaining terms of their appointments as they existed prior to June 30, 2012, and in accordance with the provisions of the statute in existence at the time of their last appointment.
(e) [Repealed.]
41 Del. Laws, c. 258, §  10;  44 Del. Laws, c. 208, §  1;  19 Del. C. 1953, §  3101;  53 Del. Laws, c. 170;  53 Del. Laws, c. 232, §  1;  57 Del. Laws, c. 669, §§  4A, 4B;  75 Del. Laws, c. 127, §§  1, 2;  78 Del. Laws, c. 341, §  1;  82 Del. Laws, c. 284, § 1;  82 Del. Laws, c. 284, § 3;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter I. General Provisions › § 3102. Removal of members.

§ 3102. Removal of members.
The Governor may at any time, after notice and hearing, remove any Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. For purposes of this section, any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular business meetings during any calendar year shall be deemed to be in neglect of duty.
41 Del. Laws, c. 258, §  10;  44 Del. Laws, c. 208, §  1;  19 Del. C. 1953, §  3102;  57 Del. Laws, c. 669, §  4C;  75 Del. Laws, c. 127, §  1;  78 Del. Laws, c. 341, §  2;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter I. General Provisions › § 3103. Quorum.

§ 3103. Quorum.
Any 3 Board members shall constitute a quorum. No vacancy shall impair the right of the remaining Board members to exercise all of the powers of the Board.
41 Del. Laws, c. 258, §  10;  19 Del. C. 1953, §  3103;  57 Del. Laws, c. 669, §§  4B, 4C;  75 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter I. General Provisions › § 3104. Chairperson; selection and duties.

§ 3104. Chairperson; selection and duties.
The Board shall have a Chairperson who shall be designated by the Governor from among its members. Whenever the term of the Chairperson expires or whenever there is a vacancy in such office for any cause, the Governor shall designate a new Chairperson.
41 Del. Laws, c. 258, §  10;  44 Del. Laws, c. 208, §§  1, 2;  19 Del. C. 1953, §  3104;  57 Del. Laws, c. 669, §§  4B, 4D;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter I. General Provisions › § 3105. Compensation of Chairperson and other Board members.

§ 3105. Compensation of Chairperson and other Board members.
The Chairperson of the Board shall be paid $ $235 for each meeting attended, not to exceed 80 meetings per year. Each of the other members of the Board shall be paid $185 for each meeting attended, not to exceed 80 meetings per year, and shall devote to the duties of their office such time as is necessary for the satisfactory execution thereof. The compensation of the Chairperson and other Board members shall be paid from the Unemployment Compensation Administration Fund provided for in § 3164 of this title, and not from any funds appropriated by the General Assembly.
41 Del. Laws, c. 258, §  10;  44 Del. Laws, c. 208, §  1;  45 Del. Laws, c. 269, §  1;  46 Del. Laws, c. 162, §  13;  47 Del. Laws, c. 198, §  1;  48 Del. Laws, c. 179, §  4;  19 Del. C. 1953, §  3105;  50 Del. Laws, c. 586, §  1;  51 Del. Laws, c. 167;  54 Del. Laws, c. 45;  57 Del. Laws, c. 669, §§  4B, 4C;  65 Del Laws, c. 417,, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 90, §§  1, 2;  75 Del. Laws, c. 127, §  1;  75 Del. Laws, c. 350, §  317;  78 Del. Laws, c. 341, §  3;  82 Del. Laws, c. 242, § 260;  82 Del. Laws, c. 284, § 1;  82 Del. Laws, c. 284, § 3;  83 Del. Laws, c. 54, § 272;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter I. General Provisions › § 3106. Secretary.

§ 3106. Secretary.
The Board may designate a suitable employee to act as Secretary of the Board.
41 Del. Laws, c. 258, §  10;  44 Del. Laws, c. 208, §  2;  19 Del. C. 1953, §  3106;  57 Del. Laws, c. 669, §  4B;  75 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter I. General Provisions › § 3107. Unemployment Compensation Advisory Council.

§ 3107. Unemployment Compensation Advisory Council.
(a) There is hereby established the Unemployment Compensation Advisory Council.
(b) The Unemployment Compensation Advisory Council shall serve in an advisory capacity to the Director of Unemployment Insurance and aid the Director in reviewing the unemployment insurance program as to its content, adequacy and effectiveness, and make recommendations for its improvement.
(c) The Unemployment Compensation Advisory Council shall have the following 10 members:
(1) The respective Chairperson of the Labor and Industrial Relations Committee of the State Senate and of the Labor Committee of the State House of Representatives, or a committee member designated by the respective Chairperson; and
(2) The respective Chairperson of the Small Business Committee of the State Senate and of the Business/Corporations/Commerce Committee of the State House of Representatives, or a committee member designated by the respective Chairperson; and
(3) The Secretary of Finance, or an individual designated by the Secretary, shall be a nonvoting member; and
(4) The Secretary of Labor, or an individual designated by the Secretary, shall be a nonvoting member; and
(5) Two persons representing the interests of the labor community to be appointed by the Governor; and
(6) Two persons representing the interests of business employers to be appointed by the Governor.
(d) (1) The term of the elected members of the General Assembly serving the Council shall coincide with their status as members of the designated committees.
(2) The term of the appointed officials serving on the Council shall coincide with their terms as Secretaries of the designated Departments.
(3) The term of the Council members representing the interests of labor and business employers shall be 3 years and all shall be eligible for reappointment.
(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(g) Any appointment pursuant to this section to replace a member of the Council whose position becomes vacant prior to the expiration of the member's term shall be filled by the Governor only for the remainder of that term.
(h) The Council will, on a periodic basis, no less frequently than annually, report its findings and recommendations to the Governor and to the General Assembly.
19 Del. C. 1953, §  3108;  58 Del. Laws, c. 143, §  1;  64 Del. Laws, c. 91, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 237, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3121. Employment stabilization.

§ 3121. Employment stabilization.
The Department of Labor, hereinafter referred to in this chapter as the “Department”, shall take all appropriate steps to:
(1) Reduce and prevent unemployment;
(2) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance;
(3) Investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the State, of reserves for public works to be used in time of business depression and unemployment;
(4) Promote the reemployment of unemployed workers throughout the State in every other way that may be feasible; and
(5) Carry on and publish the results of investigations and research studies to further these ends.
41 Del. Laws, c. 258, §  11;  19 Del. C. 1953, §  3122;  57 Del. Laws, c. 669, §  4F;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3122. General and special rules; regulations.

§ 3122. General and special rules; regulations.
General and special rules may be adopted, amended or rescinded by the Department only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective 10 days after filing with the Secretary of State and publication in 1 or more newspapers of general circulation in this State. Special rules shall become effective 10 days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended or rescinded by the Department and shall become effective in the manner and at the time prescribed by the Department.
41 Del. Laws, c. 258, §  11;  19 Del. C. 1953, §  3123;  57 Del. Laws, c. 669, §  4G;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3123. Recommendations for legislation.

§ 3123. Recommendations for legislation.
Whenever the Department believes that a change in assessment or benefit rates will become necessary to protect the solvency of the Fund, it shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto.
41 Del. Laws, c. 258, §  11;  44 Del. Laws, c. 207, §  12;  19 Del. C. 1953, §  3124;  53 Del. Laws, c. 79, §  1;  57 Del. Laws, c. 669, §§  4E, 4G;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3124. Publication and distribution of regulations and rules.

§ 3124. Publication and distribution of regulations and rules.
The Department shall cause to be printed for distribution to the public the text of this part, its regulations and general and special rules, its annual reports to the Governor and any other material it deems relevant and suitable and shall furnish the same to any person upon application therefor.
41 Del. Laws, c. 258, §  11;  19 Del. C. 1953, §  3125;  57 Del. Laws, c. 669, §  4G;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3126. Administering oaths and affirmations, taking depositions, certifying official acts and issuing subpoenas.

§ 3126. Administering oaths and affirmations, taking depositions, certifying official acts and issuing subpoenas.
In the discharge of the duties imposed by this part, the members of the Department, the chairperson of an appeal tribunal and any duly authorized representative of either of them may administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of this part.
41 Del. Laws, c. 258, §  11;  19 Del. C. 1953, §  3127;  57 Del. Laws, c. 669, §  4G;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3127. Refusal to obey subpoena; penalty.

§ 3127. Refusal to obey subpoena; penalty.
(a) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this State within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Department, a chairperson of an appeal tribunal or any duly authorized representative of either, shall have jurisdiction to issue to such person an order requiring such person to appear before the Department, an appeal tribunal or any duly authorized representative of either, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.
(b) Whoever without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records if it is in the person's power so to do in obedience to a subpoena of the Department, a chairperson of an appeal tribunal or any duly authorized representative of either shall be fined not less than $23 nor more than $230 or imprisoned not more than 60 days or both. Each day such violation continues shall be deemed to be a separate offense.
41 Del. Laws, c. 258, §  11;  19 Del. C. 1953, §  3128;  57 Del. Laws, c. 669, §  4G;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3128. Self-incrimination.

§ 3128. Self-incrimination.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the Department, the chairperson of an appeal tribunal or any duly authorized representative of either of them or in obedience to the subpoena of any of them in any cause or proceeding before the Department or an appeal tribunal on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate that person or subject that person to a penalty or forfeiture, but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which that person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
41 Del. Laws, c. 258, §  11;  19 Del. C. 1953, §  3129;  57 Del. Laws, c. 669, §  4G;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3129. Representation of Department and State in civil and criminal actions.

§ 3129. Representation of Department and State in civil and criminal actions.
(a) In any civil action to enforce this part, the Department and the State may be represented by any qualified attorney who is employed by the Department and is designated for this purpose or at the Department's request by the Attorney General.
(b) All criminal actions for violation of any provision of this part or of any rules or regulations issued pursuant thereto shall be prosecuted by the Attorney General of the State or, at the Attorney General's direction, by 1 of the Attorney General's deputies.
41 Del. Laws, c. 258, §  17;  19 Del. C. 1953, §  3130;  57 Del. Laws, c. 669, §  4G;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 31. UNEMPLOYMENT INSURANCE APPEAL BOARD › Subchapter II. Powers and Duties; Administrative Provisions › § 3130. Cooperation with federal agencies.

§ 3130. Cooperation with federal agencies.
In the administration of this part, the Department shall cooperate with the United States Department of Labor to the fullest extent consistent with this part and shall take such action, through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this State and its citizens all advantages available under the Social Security Act [42 U.S.C. § 301 et seq.] that relate to unemployment compensation, the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.], the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] and the Federal-State Extended Unemployment Compensation Act of 1970 [26 U.S.C. § 3304].
In the administration of the provisions in § 3326 of this title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the Department shall take such action as may be necessary to:
(1) Ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor, and
(2) Insure to this State the full reimbursement of the federal share of extended benefits paid under this part that are reimbursable under the federal act.
Upon request therefor the Department shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation and employment status of each recipient of benefits and such recipient's rights to further benefits under this part.
The Department may make its records relating to the administration of this part available to the Railroad Retirement Board established by act of Congress and may furnish to the Board, at the expense of the Board, such copies thereof as the Board deems necessary for its purposes.
The Department may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance or compensation law.
41 Del. Laws, c. 258, §  11;  42 Del. Laws, c. 198, §  1;  19 Del. C. 1953, §  3131;  57 Del. Laws, c. 669, §§  4G, 4H;  58 Del. Laws, c. 143, §  2;