Unemployment Insurance Appeal Board
Statutory Authority: 19 Delaware Code,Section 3321(a) (19 Del.C. §3321(a))
ORDER
AND NOW, this 4th day of December 2002, in accordance with 29 Del.C. §10118 and for the reasons stated hereinafter, the Unemployment Insurance Appeal Board of the State of Delaware (hereinafter “the Board”) enters this Order adopting Rules and Regulations.
Nature of the Proceedings
Pursuant to its authority under 24 Del.C. §3321(a) the Board proposed to adopt new Rules and Regulations to revise and replace its existing Rules and Regulations, which were enacted in 1979. The proposed rules clarify procedural requirements concerning Board hearings, including the initiation of appeals; conduct of hearings, consideration of requests for continuances and postponements, evidence and subpoenas, Board decisions and rehearings.
Notice of the public hearing on the Board’s proposed rule adoption was published in the Delaware Register of Regulations on November 1, 2002. The public hearing was held as noticed on Wednesday, December 4, 2002. The Board deliberated and voted on the proposed rule amendments immediately following the public hearing, voting unanimously to adopt the revised rules and regulations. This is the Board’s Decision and Order ADOPTING the rule revisions as proposed.
Evidence and Information Submitted at Public Hearing
The Board received no written comments in response to the notice of intention to adopt the proposed rule revisions. No public comment was received at the December 4, 2002 public hearing.
Findings of Fact and Conclusions of Law
As outlined in the preceding section, the public was given the required notice of the Board’s intention to comprehensively revise its regulations and was offered an adequate opportunity to provide the Board with comments on the proposed changes. The Board concludes that its consideration of the proposed revisions to its Rules and Regulations is within its general authority to promulgate regulations under 19 Del.C. §3321(a). The Board finds that adoption of the proposed rules and regulations is necessary to comply with and enforce 19 Del.C. Chapter 33, and for the full and effective performance of the Board’s duties under that chapter. The Board finds that the revised rules clarify the conduct of hearings and appeals and will better assist claimants and employees to understand their rights and responsibilities in bringing matters before the Board. The Board therefore unanimously votes to adopt the revised rules and regulations as published.
ORDER
NOW, THEREFORE, by unanimous vote of a quorum of the Unemployment Insurance Appeal Board, IT IS HEREBY ORDERED THAT:
1. The proposed Rules and Regulations are approved and adopted in their entirety, in the exact text attached hereto as Exhibit “A”.
2. The effective date of this Order is ten (10) days from the date of its publication in the Delaware Register of Regulations, pursuant to 29 Del.C. §10118(e).
3. The Board reserves the jurisdiction and authority to issue such other and further orders in this matter as may be necessary or proper.
By Order Of The Unemployment Insurance Appeal Board
(As authenticated by a quorum of the Board):
Elmer L. Newlin, Chairman
Patricia Bailey
Robert Samuel
Richard Engle
Vance Daniels, Sr.
*Please note that no changes were made to the regulation as originally proposed and published in the November 2002 issue of the Register at page 605 (6 DE Reg. 605). Therefore, the final regulation is not being republished. Please refer to the November 2002 issue of the Register or contact the Unemployment Insurance Appeals Board.