2022 Delaware Code
Title 29 - State Government
Chapter 85. DEPARTMENT OF LABOR
§ 8503. Powers, duties and functions of the Secretary [Effective until Dec. 31, 2022].
The Secretary shall have the following powers, duties and functions:
(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;
(2) To appoint, and fix the salary of, with the written approval of the Governor, the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:
a. An administrator and head of the Office of Administration, who shall be known as the Chief of Administration and who shall be qualified by training and experience to perform the duties of the office;
b. An administrator and head of the Office of Planning, Research and Evaluation, who shall be known as the Chief of Planning, Research and Evaluation, and who shall be qualified by training and experience to perform the duties of the office;
c. A Director of the Division of Employment Services, who shall be known as the Director of Employment Services, and who shall be qualified by training and experience to perform the duties of the office;
d. A Director of the Division of Unemployment Insurance, who shall be known as the Director of Unemployment Insurance, and who shall be qualified by training and experience to perform the duties of the office;
e. A Director of the Division of Industrial Affairs, who shall be known as the Director of Industrial Affairs, and who shall be qualified by training and experience to perform the duties of the office;
f. A Director of the Division of Vocational Rehabilitation, who shall be known as the Director of Vocational Rehabilitation, and who shall be qualified by training and experience to perform the duties of the office;
(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;
(4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;
(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel, and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;
(6) To delegate any of the Secretary's powers, duties or functions to a director of a division, except the power to remove employees of the Department or to fix their compensation;
(7) To establish and to promulgate such rules and regulations governing the operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State. The Secretary is authorized to develop emergency rules amending the Delaware Unemployment Insurance Code which enhance the flexibility of the unemployment insurance program in response to COVID-19 and alleviate some of the burden of temporary layoffs, isolation and quarantine by ensuring unemployment benefits are available to individuals whose employment has been impacted directly by COVID-19;
(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) To adopt an official seal or seals for the Department.
