CHAPTER 273

AN ACT TO AMEND TITLE 19, CHAPTER 31, DELAWARE CODE, PERMITTING THE TAKING OF AN APPEAL TO THE COURTS BY AN AGGRIEVED PARTY FROM AN ADVERSE DECISION BY THE EMPLOYMENT SECURITY COMMISSION IN A PROCEEDING PURSUANT TO TITLE 19, SECTION 3155, DELAWARE CODE, AND TO PROVIDE FOR PAYMENT OF THE COSTS THEREFROM FROM THE GENERAL FUNDS OF THE STATE OF DELAWARE NOT OTHERWISE APPROPRIATED.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 19, Chapter 31, Delaware Code, is amended by adding thereto a new section to read:

§ 3157. Judicial review; procedure

(a) Within 10 days after the decision of the Commission has been rendered in any proceeding pursuant to section 3155 of this Title, any party aggrieved thereby may secure judicial review thereof by commencing an action in the Superior Court in the county in which the employment agency has its main office, against the Commission for review of such decision, which action any other party to the proceeding before the Commission shall be made a defendant. In such action, a petition, which need not be verified, but which shall state the grounds upon which a review is sought shall be served upon the Commission, or upon such person as the Commission may designate and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are defendants and the Commission shall forthwith mail one such copy to each defendant. With its answer, the Commission shall certify and file with the Court all documents and papers and a transcript of all testimony taken in the matter, together with the Commission's findings of fact and decision therein. The Commission may also certify to the Court questions of law involved in any decision. A review denovo by the Superior Court with respect to the matter shall be allowed. All such actions and the questions so certified shall be heard in a summary manner.

(b) An appeal may be taken from the decision of the Superior Court to the Supreme Court of this State in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.

(c) It shall not be necessary in any judicial proceeding under this section, to enter exceptions to the ruling of the Commission and no bond shall be required for entering such appeal. Upon the final determination of such judicial proceeding, the Commission shall enter an order in accordance with such determination. A petition for judicial review shall not act as a supersedeas or stay unless the Commission so orders.

Section 2. The cost of preparation of transcripts of hearing testimony for use in appeal proceedings shall be paid from the General Fund of the State of Delaware not otherwise appropriated.

Approved July 14, 1969.