§ 3318 — Decision on claim by deputy; notice; appeal

(a) If the last employer timely files a completed separation notice in accordance with § 3317 of this title and the employer’s statement on the separation notice does raise a potentially disqualifying issue as to the reason for the claimant’s separation, the claim shall be referred to a representative of the Department, hereinafter referred to as a Claims Deputy, who shall examine the claim and on the basis of the facts found by the Claims Deputy shall initially determine the individual’s qualification and nonmonetary eligibility for benefits, and issue a determination in which it is determined whether or not such claim is valid. If valid, the Claims Deputy shall further determine the week with respect to which benefits shall commence. In lieu of making a determination, the Claims Deputy may elect to refer such claim or any question involved therein to an appeal tribunal which shall make its decision with respect thereto in accordance with the procedure described in subsection (c) of this section. In either case, the Claims Deputy shall promptly notify the claimant and the last employer of the Deputy’s own determination and the reasons therefor. The Claims Deputy may for good cause reconsider a determination and shall promptly notify the claimant and the last employer of the Deputy’s amended determination and the reasons therefor, as the case may be. Base period employers who have submitted timely and completed separation notices in accordance with § 3317 of this title may seek relief from benefit wage charges (prior to January 1, 2027) and benefit charges (January 1, 2027, and after) charged to their experience merit rating accounts in accordance with § 3355 of this title except that for a claim in which the last employer is also a base period employer for such claim, the issue of benefit wage charge relief (prior to January 1, 2027) or benefit charge relief (January 1, 2027, and after) or such base period employer shall be determined in accordance with the determination on the issue of the claimant’s last separation from such employer.

(b) Unless a claimant or a last employer who has submitted a timely and completed separation notice in accordance with § 3317 of this title files an appeal within 15 calendar days after such Claims Deputy’s determination was mailed to the claimant’s and last employer’s last known addresses or otherwise delivered by the Department to the claimant and the last employer, the Claims Deputy’s determination shall be final and benefits shall be paid or denied in accordance therewith. If a Claims Deputy’s determination awards benefits, such benefits shall be paid promptly in accordance with such determination upon its issuance. If an appeal is filed from a Claims Deputy’s determination that awards benefits, benefits shall be paid in accordance with such determination notwithstanding such appeal, but if the appeals tribunal’s determination or a determination of the Unemployment Insurance Appeal Board under §§ 3320 through 3322 of this title, or judicial review under § 3323 of this title, modifies or reverses the award of the benefits, the claimant shall be paid benefits for the weeks of unemployment following the issuance of such an appeals tribunal, Unemployment Insurance Appeal Board or judicial review decision only in accordance with such decisions.

(c) Unless the appeal is withdrawn, an appeals tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or reverse the decision of the deputy. The parties shall be duly notified of the tribunal’s decision, together with its reason therefor, which shall be deemed to be final unless within 15 days after such tribunal’s decision was mailed to the parties’ last known addresses or otherwise delivered by the tribunal to the parties further appeal is initiated pursuant to § 3320 of this title. If an appeals tribunal decision awards benefits, such benefits shall be paid promptly in accordance with such decision upon its issuance. If an appeal is filed from an appeals tribunal’s decision that awards benefits, benefits shall be paid in accordance with such decision notwithstanding such appeal, but if the Unemployment Insurance Appeal Board’s decision modifies or reverses the award of benefits, the claimant shall be paid benefits for weeks of unemployment following the issuance of the Unemployment Insurance Appeal Board’s decision only in accordance with such decision. Benefits to which the claimant is not entitled under the decision of the appeals tribunal shall not be paid for any week ending after the decision is issued, but any benefits which the claimant is determined to be otherwise entitled to receive shall be paid notwithstanding any further appeal from the decision of the appeals tribunal.

Legislative History

41 Del. Laws, c. 258, § 6 ; 43 Del. Laws, c. 280, § 10 ; 46 Del. Laws, c. 162, § 8 ; 48 Del. Laws, c. 179, § 2 ; 19 Del. C. 1953, § 3318; 53 Del. Laws, c. 79, § 1 ; 57 Del. Laws, c. 669, § 5B ; 58 Del. Laws, c. 230, §§ 1, 2 ; 63 Del. Laws, c. 427, §§ 8, 9 ; 70 Del. Laws, c. 121, §§ 3, 4 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 127, § 1 ; 82 Del. Laws, c. 81, § 1 ; 84 Del. Laws, c. 150, § 3 ; 84 Del. Laws, c. 365, § 8