Delaware Code § 19-3344

Determination of liability of employer for assessments; administrative and judicial review; time
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limits.
(a) The Department may delegate to a suitable employee of the Department the power to make preliminary determinations on all
questions relating to the liability of employing units for the assessments mentioned in this subchapter, but such administrative rulings
shall be subject to the review of the Unemployment Insurance Appeal Board. An appeal may be taken by an employing unit within 15
days from the date of the administrative ruling. The person taking the appeal shall be designated as the complainant. The Board shall
hear such appeals within a reasonable time.
(b) Formal hearings shall be conducted according to the rules prescribed by the Unemployment Insurance Appeal Board and a record
of such hearings shall be made and kept by the Unemployment Insurance Appeal Board. The record shall include the evidence, the
Unemployment Insurance Appeal Board's findings of fact and the Unemployment Insurance Appeal Board's decision together with a
brief statement of the reasons therefor. It shall show the manner in which the Unemployment Insurance Appeal Board construed the law
and applied it to the facts.
(c) The Unemployment Insurance Appeal Board's decision shall be final and conclusive as to the liability of the employing unit unless,
within 15 days after mailing or other authorized delivery method thereof the complainant or the Department appeals to the Superior
Court for the county in which the complainant resides. The Department may be represented in any such appeal by any qualified attorney
employed by the Department and designated by it for that purpose or, at the Department's request, by the Attorney General. In every such
appeal the cause shall be decided by the Court from the record, without the aid of a jury, and the Court may affirm, reverse or modify the
Unemployment Insurance Appeal Board's decision. The Unemployment Insurance Appeal Board's findings of fact shall not be set aside
unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds
that additional evidence should be taken, the Court shall remand the case to the Unemployment Insurance Appeal Board for completion
of the record. If the Court finds that the Unemployment Insurance Appeal Board has made an error of law, the Court shall reverse or
modify the Unemployment Insurance Appeal Board's decision and render an appropriate judgment.
(d) In every such appeal the cause shall be decided by the Court from the record without the aid of a jury, and the Court may affirm,
reverse or modify the Unemployment Insurance Appeal Board's decision. The Unemployment Insurance Appeal Board's findings of fact
shall not be set aside if the Court finds the record contains substantial evidence to reasonably support the findings. If the Court finds that
additional evidence should be taken, the Court shall remand the case to the Unemployment Insurance Appeal Board for completion of
the record. If the Court finds that the Unemployment Insurance Appeal Board has made an error of law, the Court shall reverse or modify
the Unemployment Insurance Appeal Board's decision and render an appropriate judgment.
(e) The Superior Courts for the several counties of this State shall have jurisdiction to hear and determine all appeals taken pursuant
to this chapter and by appropriate rules shall prescribe the procedure in such appeals.

(f) The decision of the Court shall be in writing and the Prothonotary shall file a certified copy thereof with the Unemployment Insurance
Appeal Board.
(g) Costs may be awarded by the Court and, when so awarded, the same amount of costs shall be allowed, taxed and collected as are
allowed, taxed and collected for like services in the Superior Court.

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