CHAPTER 127

FORMERLY

SENATE BILL NO. 1

AS AMENDED BY

SENATE AMENDMENT NO. 1, HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 3

AN ACT TO AMEND TITLES 19 AND 29 OF THE DELAWARE CODE TO AFFIRMATIVELY RE-ESTABLISH AND CONTINUE THE FUNCTIONS OF THE UNEMPLOYMENT INSURANCE APPEAL BOARD.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. The Unemployment Insurance Appeal Board is hereby re-established, possessing and exercising all the authority and discharging all the responsibilities, as before January 1, 2005, and as set forth in §§ 3101; 3102; 3103; 3104; 3105; 3106; 3318; 3320; 3321; 3322; 3323; 3324; 3325; and 3344 of Title 19 of the Delaware Code and §8509 of Title 29 of the Delaware Code as it existed before January 1, 2005. The language as found at the aforementioned statutory sections is fully restored, legally binding and incorporated herein by specific reference. Further, the regulations held, exercised, established, and/or promulgated by the Unemployment insurance Appeal Board prior to January 1, 2005 are hereby re-established.

Section 2. Amend §3101 of Title 19 of the Delaware Code by adding new subsection (d) to read as follows:

“(d) Members of the Unemployment Insurance Appeal Board as of December 31, 2004 shall serve out the remaining terms of their appointments as they existed prior to December 31, 2004, commencing on the effective date of this legislation.”

Section 3. Amend §3320 of Title 19 of the Delaware Code by adding the following additional paragraphs at the end of §3320 to read as follows:

“Upon enactment of this bill, 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 ten (10) day appeal period set forth in Section 3318(c) of Title 19 of the Delaware Code, for a period of thirty (30) calendar days following the enactment of this bill, 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 before enactment of this bill.”

Section 4. Amend § 3320, Title 19 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof the following:

Ҥ3320. Review.

(a) The Unemployment Insurance Appeal Board 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 Insurance Appeal Board 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 Unemployment Insurance Appeal Board 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 Unemployment Insurance Appeals Board shall promptly notify all interested parties of its findings and decision.

(b) Upon enactment of this Bill, 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 ten (10) day appeal period set forth in Section 3318(c) of Title 19 of the Delaware Code, for a period of thirty (30) calendar days following the enactment of this bill, 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 before enactment of this bill.”

Approved July 7, 2005