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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2017

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19 DE Admin. Code 1201
Pursuant to 29 Del.C. §10118 and 19 Del.C. §3122 the Unemployment Insurance Appeal Board issues this Order adopting the below amendment to the Board's Regulations. Specifically, pursuant to 29 Del.C. §10113(b)(6), 4.7.4 of the Unemployment Insurance Appeal Board Regulations must be changed without prior publication in order to codify existing agency principle as a result of a recent judicial ruling.
"4.7.4 The Board shall not receive into evidence any new testimony offered by means of a telephone or other electronic or electromagnetic device, however the Board may review testimony contained within the record of the proceedings below that was offered by means of a telephone or other electronic or electromagnetic device."
“Board” shall mean the Unemployment Insurance Appeal Board.
“Chairman” shall mean the Chairman of the Board.
“Hearing Officer” shall mean the Appeals Referee or his or her designate who heard the initial appeal.
“Hearsay Evidence” shall be such evidence so designated by the Delaware Rules of Evidence (D.R.E.).
“Relevant Evidence” shall mean evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without this evidence, as set forth in D.R.E. 401.
3.3 The Board sua sponte with notice to the parties below or their counsel.
4.3.1 At any hearing, a party may appear pro se or be represented by an attorney-at-law duly admitted to practice law in the State of Delaware. A corporation or other artificial entity desiring legal representation must be represented by an attorney-at-law duly admitted to practice law in the State of Delaware.
4.7.4 The Board shall not receive into evidence any new testimony offered by means of a telephone or other electronic or electromagnetic device, however the Board may review testimony contained within the record of the proceedings below that was offered by means of a telephone or other electronic or electromagnetic device.
4.8.2 The Board sua sponte may issue subpoenas to compel witnesses to appear at a hearing or documents to be produced at or prior to a hearing.
6.3 The Board may sua sponte affirm, modify or set aside any decision of an appeal tribunal on the basis of evidence previously submitted, without further hearing, or direct the taking of additional evidence or may permit any of the parties to the decision to initiate further appeal before it.
Last Updated: December 31 1969 19:00:00.
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