SENATE BILL NO. 262
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Section 3344(c), Title 19 of the Delaware Code, by striking the language following the word “after” in the first sentence of this subsection and, in lieu thereof, inserting the following:
“mailing thereof the Complainant or the Department appeals to the Superior Court for the County in which the Complaint resides. The Department may be represented in any such appeal 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.”
Section 2. Amend Sections 3344(d), (e) and (f) of Title 19 of the Delaware Code by redesignating them as Sections (e), (f) and (g) respectively.
Section 3. Amend Section 3344, Title 19 of the Delaware Code by adding a new subsection (d) to read as follows:
“(d) In every such appeal the cause shall be decided by the Court from the record, without the aid of a jury, and the Court may affirm, reverse or modify the Unemployment Insurance Appeal Board’s decision. The Unemployment Insurance Appeal Board’s findings of fact shall not be set aside if the Court finds the record contains substantial evidence to reasonably support the findings. If the Court finds that additional evidence should be taken, the Court shall remand the case to the Unemployment Insurance Appeal Board for completion of the record. If the Court finds that the Unemployment Insurance Appeal Board has made an error of law, the Court shall reverse or modify the Unemployment Insurance Appeal Board’s decision and render an appropriate judgment.”
Approved June 16,2000