2020 Delaware Code
Title 19 - Labor
Chapter 19. Delaware Workplace Adjustment and Retraining
§ 1908 Powers of the Secretary

Universal Citation: 19 DE Code § 1908. (2020)
§ 1908. Powers of the Secretary

(a) The Secretary shall prescribe such rules and regulations as may be necessary to carry out this chapter. The regulations shall, at a minimum, include provisions that allow the parties access to administrative hearings for any actions of the Department under this chapter.

(b) In any investigation or proceeding under this chapter, the Secretary has, in addition to all other powers granted by law, the authority to examine any information of an employer necessary to determine whether a violation of this chapter has occurred, including to determine the validity of any defense.

(c) Except as provided in this section, information obtained through administration of this chapter from an employer subject to this chapter and which is not otherwise obtainable by the Department under other chapters in this title shall be confidential and not be published or open to public inspection.

(1) Notwithstanding any other provisions of this section, the Secretary shall be entitled to use any information and documents received by any employer under this chapter in connection with any investigation or proceeding under this chapter, including in any administrative hearing under this chapter.

(2) Prior to public disclosure of any such information in connection with any court or administrative action or proceeding, the employer shall be given a reasonable opportunity to make application to protect the information's confidentiality during such action or proceeding.

(3) Notwithstanding any other provisions of this section, information obtained by the Department from any notice required by the federal WARN Act or this chapter shall not be considered confidential, except as set forth in paragraph (c)(4) of this section.

(4) Notwithstanding any other provisions of this section, names and personal information, including addresses, phone numbers, email addresses, contact information, and social security numbers, of planned dislocated workers contained in any notice required by the federal WARN Act or this chapter, or otherwise provided to the Department by an employer pursuant to this chapter, shall remain confidential and shall not be published or open to public inspection.

(5) Any information or documents regarding or relating to a potential mass layoff, plant closing, or relocation that is provided by an employer to the Department pursuant to this chapter prior to the Department's receipt of any notice required by the federal WARN Act or this chapter shall be confidential and shall not be published or open to public inspection.

(d) If, after an administrative hearing, it is determined that an employer has violated any of the requirements of this chapter or any rules or regulations promulgated hereunder, the Secretary shall issue an order which shall include any penalties assessed by the Secretary under this chapter. Upon the entry of such order, any party aggrieved thereby may commence a proceeding for the review thereof, which proceeding must be filed in the Superior Court for the county in which the employer's place of business is located within 30 days after the date the order was mailed to the employer's last known address. In any proceeding under this section the findings of the Secretary as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the Court shall be confined to questions of law. If such order is not reviewed, or is so reviewed and the final decision is in favor of the Secretary, the Department may file the order of the Secretary containing the amount found to be due with the prothonotary of the Superior Court in the county where the employer resides or has a place of business. The filing of such order shall have the full force and effect of a judgment duly docketed in the office of such prothonotary. The order may be enforced by and in the name of the Secretary in the same manner, and with like effect, as that prescribed by the civil practice law and rules for the enforcement of a money judgment.

(e) The Department shall distribute to all employees entitled to notice under this chapter any back pay and the value of the cost of any benefits recovered by the Department from an employer who did not provide such notice.

81 Del. Laws, c. 312, § 1; 
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