TITLE 19

Labor

Unemployment Compensation

CHAPTER 31. UNEMPLOYMENT INSURANCE APPEAL BOARD

Subchapter I. General Provisions


(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.

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.;

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.;

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.;

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.;

The Chairperson of the Board shall be paid $200 for each meeting attended, not to exceed 80 meetings per year. Each of the other members of the Board shall be paid $150 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.;

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.;

(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.;