unemplogo.jpg (50480 bytes) The Division of Unemployment Insurance serves workers who are unemployed through no fault of their own by providing temporary income maintenance during their period of unemployment and making referrals to re-employment services.

The Division also serves employers by ensuring that only those unemployed individuals meeting all eligibility criteria receive UI benefits, thereby protecting future increases in employer tax rates and the solvency of Delaware’s UI Trust Fund.

Table of Contents

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Regulation 12 Claims

Regulation 13 Forms Prescribed for Recording Claims for Benefits

Regulation 14 Week of Total or Part Total Unemployment

Regulation 15 Procedure for Payment of Benefits for Partial Unemployment

Regulation 16 Disqualification of Appeals Tribunal

Regulation 17 Appeals Involving a Labor Dispute

Regulation 18 Appeals

Regulation 19 Appeals to the Board

Regulation 20 General Regulation on Appeals

Regulation 12

CLAIMS AND REGISTRATIONS FOR INDIVIDUALS LOCATED IN AREAS SERVICED BY ITINERANT OFFICES

(1) In order to claim benefits or waiting period credits for total or part-total unemployment, any individual located in an Isolated area served only by the itinerant service of a public employment office shall report in person to such itinerant service at the first available opportunity therefor, and shall;

(a) register for work, and

(b) file a claim for benefits with such service.

(2) In order to establish eligibility for benefits or for waiting period credits for weeks of total or part-total unemployment during a continuous period of total or part-total unemployment, the claimant shall

(a) continue to report on the dates specified for reporting to such service, and

(b) file continued claims for benefits.

 

Regulation 13

FORMS PRESCRIBED FOR RECORDING CLAIMS FOR BENEFITS AND REGISTRATION FOR WORK FOR TOTAL OR PART-TOTAL UNEMPLOYMENT

(1) Claims for benefits for total or part-total unemployment shall be made on Form UC-101, setting forth;

(a) that the individual claims benefits,

(b) that he registers for work. and

(c) such other information as is required thereby. The claim for benefits for total or part-total unemployment shall constitute both the Individual,$ registration for work and his claim for benefits, or waiting period credits.

(2) Continued claims for benefits for total or part-total unemployment shall be made on a pay-order card, setting forth;

(a) that the individual continues his claim for benefits,

(b) that he is totally or part-totally unemployed,

(c) that he registers for work,

(d) that since he last registered for work he has performed no services and earned no wages, except as indicated,

(e) that he is able to work, available for work, and is actively seeking work, and

(f) such other information as is required thereby. The continued claim for benefits for total or part-total unemployment shall constitute both the individual's registration for work and his claim for benefits or waiting period credits.

(3) For the week which immediately precedes an individuals re-employment under conditions which no longer render him eligible for benefits or waiting period credits (total or part-tot&l or partial) such individual may file, in person or by mail a report of his total unemployment and any supplemental earnings received for such week, in the form of a signed statement, provided that such individual at the beginning of the week for which the claim is made;

(a) registered for work, and

(b) filed a claim or continued claim for benefits or waiting period credits.

(4) The claimant must at all times furnish the Commission with his current residence address.

Regulation 14

WEEK OF TOTAL OR PART-TOTAL UNEMPLOYMENT

(1) An individual's week of total or part-total unemployment shall consist of the 7 consecutive-day period beginning with the day of total or part-total unemployment on which he registers in person at a public employment office and establishes the fact that he is able to work, available for work, and is actively seeking work

(2) A week of total or part-total unemployment of an Individual located in an area served only by the itinerant service of a public employment office shall consist of the 7 consecutive-day period beginning with the first day of such individual's total or part-total unemployment, provided that such individual registers in person with such itinerant service at the first available opportunity therefor, next following the commencement of his total or part-total unemployment.

(3) A week of total or part-total unemployment of an individual who failed so to register on the first day of his total or part-total unemployment or at the first available opportunity therefor, as herein above provided for reasons found by the State agency to constitute good cause for such failure to register, shall consist of the 7 consecutive-day period beginning on the first day of such individual's total or part-total unemployment provided that such individual registers in person at a public employment office within a period of 7 days after such first day of total or part-total unemployment

Regulation 15

(1)Definitions.

(a) Partially Unemployed Individual. A partially unemployed Individual is one who, during a particular week;

(I) earned less than his weekly benefit amount plus two dollars

(II) was employed by a regular employer,

(III) worked less than his normal customary full-time hours for such regular employer because of lack of full-time work.

(b) Week of partial unemployment, With respect to a partially unemployed individual whose wages are paid on a weekly basis, a week of partial unemployment shall consist of his pay period week; with respect to a partially unemployed individual whose wages are not paid on a weekly basis, a week of partial unemployment shall consist of a calendar week, provided that the Commission may, upon its own initiative or upon application, prescribe as to any individual or group of individuals such other seven consecutive day period as it may find appropriate under the circumstances.

(2) Employer Responsibility in the Initiation of a First Claim for Partial Benefits in a Benefit Year,

(a) After the termination of any week in which an employer has furnished any worker in his employ less than four full day's work, or the time or dollar earnings equivalent thereof, on the normal or customary payday of the pay period, in which the week of partial employment is included, such employer shall file with the local employment office nearest the establishment in which such worker is employed Form UC-115, Notice of Partial Unemployment, or such other equivalent form as may be approved by the Delaware Unemployment Compensation Commission containing the name of each such worker, his social security account number, and such other documentation as is required by such form,

or

Notify the local unemployment office nearest the establishment in which such worker is employed of the possible existence of partial unemployment in the establishment and request a visit by a representative of the Delaware Unemployment Compensation Commission for such action as may be appropriate.

(b) Upon receipt of Form UC-115, or upon the filing of a first claim for partial benefits for a benefit year, the Delaware Unemployment Compensation Commission shall promptly notify each such worker named therein of his potential rights to partial benefits and shall notify his employer of such workers partial earnings limit and benefit year ending date. Upon receipt thereof, each employer shall record such partial earnings limit and benefit year ending date upon his payroll records. No form or notice as hereinabove described shall be required with respect to any worker whose earnings for the week involved were $27.00 or more, or with respect to any worker of whose partial earnings limit and current benefit year ending date the employer has received notice from the Delaware Unemployment Compensation Commission.

(3) Employer to Furnish Evidence of Partial Unemployment.

After an employer has been notified of the partial earnings limit and benefit year ending date of any worker in his employ, such employer, until otherwise notified, shall immediately after the termination of each week (as described in Paragraph 1 [b] hereof) which begins within such benefit year and for which such worker's fall below such partial earnings limit because of lack of work in such week, furnish each such worker with a copy of Form UC 114, Low Earnings Report, setting forth the information required therein, including the workers name and social security account number the beginning date or ending date of such week, the wages earned therein and a proper certification as to his having worked less than his normal customary full-time hours because of lack of work in such week.

or

Furnish the worker with written evidence concerning his partial unemployment by means of a pay envelope, pay check stub or copy thereof or other suitable medium, approved by the Delaware Unemployment Compensation Commission. The information contained an such medium shall be in ink or typewritten and shall show:

(a) the name and registration number of the employer;

(b) the name and social security account number of the worker;

(c) the beginning or ending date of such week;

(d) the amount of wages earned in such week;

(e) the following certification (individual or rubber stamped),

I certify that the above amount represents reduced earnings in a week of less than full-time work because of lack of work";

(f) a signature (actual or facsimile) by the employer to the above certification, or other positive identification of the authority supplying the evidence.

(4) Registration and Filing of Claims for Partial Unemployment. A claim for benefits filed by any individual in person at any local employment office in Delaware or with an authorized itinerant agent of the Delaware Unemployment Compensation Commission on Form UC-101, Initial Claim for Benefits, shall constitute such individual's notice of unemployment, registration for work and claim for benefits or waiting period credit, with respect to each such week of partial unemployment covered by the claim. Such claim shall not be valid if filed 28 or more days after the individual has been furnished by his employer with information as to his earnings in any such week as provided in Paragraph 3 of this regulation.

(5) Extended Period for Registration and Filing of Claims for Good Cause. Notwithstanding the provisions of Paragraph 4, if the Commission finds that the failure of any individual to register and file a claim for partial unemployment benefits within the time set forth in Paragraph 4 was due to failure on the part of the employer to comply with any of the provisions of Paragraphs 2, 3, or 4, or to coercion or intimidation exercised by the employer to prevent the prompt filing of such claim, or to failure by the Delaware Unemployment Compensation Commission to discharge its responsibilities promptly in connection with such partial unemployment the Commission shall extend the period during which such claim may be filed to a date which shall be not less than one week after the individual has received appropriate notice of his potential rights to benefits and his earnings during the period of such partial unemployment, provided however, that no claim may be made for any week of partial unemployment later than thirteen weeks subsequent to the end of the benefit year during which the week of unemployment occurred.

(6) Employer Records in Connection with Partial Unemployment.

In addition to the requirements set forth In Regulation 6, each employer shall keep his payroll records in such form that it would be possible from an inspection thereof to determine with respect to each worker In his employ who may be eligible for partial benefits:

(a) wages earned by weeks, as described in paragraph 1;

(b) whether any week was in fact a week of less than full- time work;

(c) time lost, if any, by each such worker, due to his unavailability for work.

Regulation 16

DISQUALIFICATION OF APPEAL TRIBUNAL

No member of an appeal tribunal shall participate in the hearing of an appeal In which he has an interest. Challenges to the Interest of any member of an appeal tribunal other than the Chairman may be heard and decided by the Chairman, or, in his discretion, referred to the Commission. Challenges to the interest of the Chairman, or, if a single member tribunal Is used, to a Referee, shall be heard and decided by the Commission.

Regulation 17

APPEALS INVOLVING §3315(4), TITLE 19, DELAWARE CODE OF 1953, RELATING TO A STOPPAGE OF WORK BECAUSE OF A LABOR DISPUTE

Appeals from decisions of deputies which involve issues arising under §3315 (4), Title 19, Delaware Code of 1953 may be heard and decided by an appeal tribunal consisting of three members appointed pursuant to the authority contained In §3319, Title 19, Delaware Code of 1953, one of whom shall be the Referee mentioned in Section 1 of Regulation 18, who shall serve as Chairman, one of whom shall be a representative of employers, and the other of whom shall be a representative of employees; except that if either one of the representatives or his alternate is absent or disqualified, the appeal shall be heard and decided by the Chairman alone. In any case in which a three-member tribunal is not used, the Referee shall constitute a one-member appeal tribunal.

Regulation 18

APPEALS TO THE APPEAL TRIBUNAL ON ALL MATTERS OTHER THAN THOSE COVERED BY REGULATION 17

(1) The Appeal Tribunal.

The appeal tribunal which shall hear an appeal from decisions of the Deputies other than those discussed in Regulation 17 shall be a single examiner, known as the Referee.

(2) Presentation of Appealed Claims and Notice of Hearing

(a) A Party appealing from a decision or order of a Deputy shall file with the Commission at the local Employment Office where the claim was filed a Notice of Appeal an Form UC-300 setting forth the Information required thereby. Copies of the Notice of Appeal shall be mailed by the Commission to the parties Interested In the decision or order of the Deputy which is being appealed.

(b) Upon the scheduling of a hearing or an appeal, Notices of Hearing on Form UC-301, shall be mailed by the Referee to claimants and the parties Interested In the decision or order of the Deputy which is being appealed, at least five days before the date of the hearing, specifying the place and time of hearing.

(3) Hearing of the Appeal

(a) All hearings shall be conducted informally and in such manner as to ascertain the substantial rights of the parties. All Issues relevant to the appeal shall be considered and passed upon. The claimant and any other party to an appeal shall be permitted to introduce, and the Referee shall receive, all evidence which the claimant, or other party offers unless in the opinion of the Referee it is clearly immaterial to the issue. Where a party appears in person, the Referee shall examine such party and his witnesses, if any, and may cross-examine the witnesses or any of the parties.

(b) The Referee with or without notice to any of the parties may take such additional evidence as he deems necessary, provided that where additional evidence is so taken the parties shall be given an opportunity of examining and refuting such evidence.

(c) The parties to an appeal. with the consent of the Referee, may stipulate the facts Involved in writing. On the basis of such stipulation, the Referee may decide the appeal or may set the appeal down for hearing and take such further evidence as he deems necessary.

(4) Adjournment of Hearings.

The Referee shall use his best judgment as to when a continuance, postponement, adjournment or reopening of a hearing shall be granted in order to secure all the necessary evidence and to be fair to all parties.

(5) The Determination of Appeals.

Following the conclusion of the hearing of an appeal, the Referee shall render his decision within seven days, unless the Referee be prevented from so doing by illness or other circumstances beyond his control. The decision shall be in writing and shall be signed by the Referee. It shall set forth the issues involved, the findings of fact with respect to those issues, and the reasons for the decision. Copies of all decisions shall be mailed by the Referee to the claimant, to all other parties to the appeal, and to the Deputy.

Regulation 19

APPEAL TO THE COMMISSION

(1) The Presentation of an Appeal.

A party appealing from the decision of a Referee or of an Appeal Tribunal which was not unanimous or a Deputy appealing from a decision of the Referee or an Appeal Tribunal which overruled or modified his decision shall file with the Commission at the office where the claim was filed a notice of Appeal to the Commission on Form UC-300, setting forth the Information required thereby. Copies of the Notice of Appeal shall be mailed by the Commission to the parties interested in the decision which is being appealed. Upon the scheduling of a hearing upon an appeal, notice of the hearing on Form UC-301 shall be mailed at least five days before the date of the hearing, specifying the time and place of hearing to the claimant and all other parties interested in the decision which is being appealed.

(2) The Application for Leave to Appeal.

A party applying for leave to appeal from the unanimous decision of an Appeal Tribunal shall file with the Commission at the office where the claim was filed an application in writing. Such applications may be accompanied by references to or excerpts from the original minutes on the appeal before the Appeal Tribunal. Copies of the said minutes shall be mailed by the Commission to the parties interested in the decision of the Appeal Tribunal. The Commission may grant or deny any Application for Leave to Appeal without hearing, or may notify the parties to appear before it at a specified place and time for argument on the application. If leave to appeal is granted by hearing in the manner provided in paragraph 1, it shall be heard In the manner prescribed for hearing of appeals before the Commission in paragraph (3). Copies of the Commission's decision on any Application for Leave to Appeal and, if leave to appeal is granted, of its decision granting such appeal, shall be mailed by the Commission to the claimant and to all other parties interested In the decision of the Appeal Tribunal which is being appealed.

(3) Hearing of Appeals.

In the hearing of an appeal on the record, the Commission(a) Except as provided in paragraph 5 of this regulation for the hearing of appeals removed to the Commission from an Appeal Tribunal all appeals to the Commission may be heard upon the evidence in the record made before any Appeal Tribunal, or the Commission, to enable it to determine an appeal, may direct the taking of additional evidence before it.

(b) n may limit the parties to oral argument, or the filing of written argument, or both. If, in the discretion of the Commission, additional evidence is necessary to enable it to determine the appeal, the parties shall be notified by the Commission, as provided in Regulation 18, of the time and place such evidence shall be taken. Any party to any proceeding in which testimony is taken may present such evidence as may be pertinent to the issue on which the Commission directed the taking of evidence.

(c) The Commission, in its discretion may remand claim or any issue involved In a claim to an Appeal Tribunal for the taking of such additional evidence as the Commission may deem necessary. Such testimony shall be taken by the Appeal Tribunal in the manner prescribed for the conduct of hearings an appeals before Appeal Tribunals. Upon the completion of the taking of evidence by an Appeal Tribunal pursuant to a direction of the Commission, the claim or the issue involved in such claim shall be returned to the Commission for its decision thereon.

(4) The Hearing of Appeals by the Commission on Its Own Motion.

(a) Within 10 days following a decision by an Appeal Tribunal and in the absence of the filing, by any of the parties to the decision of the Appeal Tribunal, of a notice of appeal or an application for leave to appeal to the Commission as provided for in paragraphs 1 and 2, the Commission, on its own motion, may order the parties to appear before it for a hearing on the or any Issue involved therein.

(b) Such hearing shall be held only after 7 days' prior notice to the parties to the decision of the Appeal Tribunal and shall be heard In the manner prescribed in paragraph 3, for the hearing of appeals by the Commission.

(5) The Hearing of Appeals by the Commission on Cases Ordered Removed to It from any Appeal Tribunal.

The proceeding on any claim before an Appeal Tribunal ordered by the Commission to be removed to it shall be presented. heard and decided by the Commission in the manner prescribed in Regulation 18 for the hearing of claims before Appeal Tribunals.

(6) The Determination of Appeals.

(a) Following the conclusion of a bearing on an appeal the Commission shall within 7 days announce its findings of fact and decision with respect to the appeal. The decision shall be in writing and shall be signed by the members of the Commission who heard the appeal. It shall set forth the findings of fact of the Commission with respect to the matters appealed, its decision and the reasons therefor.

(b) Appeals shall be decided by the Commission or a majority of its members. In the absence of a majority vote, the appeal will be dismissed.

(c) Copies of all decisions and the reasons therefor shall be mailed by the Commission to the claimant and to the other parties to the appeal before the Commission.

Regulation 20

GENERAL REGULATIONS ON APPEALS TO APPEAL TRIBUNALS OR TO THE COMMISSION

(1) Issuance of Subpoenas.

A request by any party to the appeal for the issuance of a subpoena for witnesses shall be made to the Commission in writing. Issuance of subpoena DUCES TECUM to compel the production of documentary evidence, unless directed to be issued by a member of the Commission or the Referee upon his own motion, shall be Issued by the Commission or any Appeal Tribunal only upon a showing of the necessity therefor by the party applying therefor. A request for the issuance of a subpoena DUCES TECUM must be made to the Commission in writing and shall specify the documentary evidence which the party desires to have produced.

(2) Attendance of Witnesses and Fees.

Witnesses subpoenaed for any hearing before any appeal Tribunal or the Commission shall be paid witness fees and mileage by the Commission at the rate of Two Dollars ($2.00) per day (which shall be construed to mean any part of a day) and mileage at the rate of three cents (3c) per mile, going and returning by the most direct route.

(3) Orders for Supplying Information from the Records of the Commission.

Orders for supplying information from the records of the Commission to a claimant or to his representatives to the extent necessary for the proper presentation of a claim shall issue only upon application therefor in writing setting forth the information required thereby. All applications for information from the records of the Commission shall state as nearly as possible the nature of the information desired. In all cases where an application to supply a claimant or his representative with information from the records of the Commission is granted, the other party shall be furnished with a copy of such information.

(4) Representation Before the Referee and the Commission.

(a) Any individual may appear for himself in any proceeding before any appeal Tribunal or the Commission. Any partnership may be represented by any of its members or by a duly authorized representative. Any corporation or association may be represented by an officer or by a duly authorized representative. A claimant who is a member of a labor union may be represented by the business agent or any other official of the said union. Any party may be represented by an attorney-at-law who has been admitted to practice before the Superior Court of this State, but no fee or charge against the claimant by any attorney or other representative of a claimant amounting to more than ten percent of the claim and not more than twenty-five dollars ($25.00) in any one case in any event, will be approved by the Commission unless a specific order is entered in connection therewith.

(b) The Commission, in its discretion, may refuse to allow any person to represent others in any proceeding before it whom it finds intentionally and repeatedly fails to observe the provisions of Part III Title 19, Delaware Code of 1953, or the regulations of the Commission.

(5) Inspection of Decision of Appeal Tribunals and the Commission.

Copies of all decisions of Appeal Tribunals and the Commission shall be kept on file at the administrative office of the Delaware Unemployment Compensation Commission and at the Law Library in the Public Building in Wilmington. Such decisions shall be open for inspection, but without in any manner revealing the names of any of the parties or witnesses involved.