Delaware Code Title 19 Sec. 3369 – Professional and occupational licenses; denial or suspension
(a) Definitions. —
Terms Used In Delaware Code Title 19 Sec. 3369
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assessments: means the money payments to the State Unemployment Compensation Fund required by this chapter. See Delaware Code Title 19 Sec. 3302
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Delaware Code Title 19 Sec. 3302
- Department: means the Department of Labor. See Delaware Code Title 19 Sec. 3302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
As used in this section:
(1) “Debt” means any amount owed for overpayment of benefits, including any interest and penalties, and for unemployment compensation tax assessments, including any interest and penalties, payable under this title that exceeds, in aggregate, $1,000 and that has been reduced to a judgment under § 3325 or § 3361 of this title.
(2) “Debtor” means a person liable for a debt.
(3) “Director of the Division of Professional Regulation” means the Director of the Division of Professional Regulation of the Department of State, or the designee of the Director of the Division of Professional Regulation.
(4) “Director of Unemployment Insurance” means the Director of the Division of Unemployment Insurance of the Department of Labor, or the designee of the Director of Unemployment Insurance.
(5) “License” means a license, permit, certificate, approval, registration, or other similar form of permission or authorization to practice or engage in any profession, occupation, calling, or business issued or renewed by any commission, board, or agency under the authority of the Division of Professional Regulation of the Department of State under § 8735 of Title 29.
(b) Cooperative agreements for tax assessment enforcement and for the collection of overpayments of benefits. —
(1) a. To provide for enforcement of the unemployment compensation laws of this State by means of the denial or suspension of licenses issued to or applied for by debtors, the Director of the Division of Professional Regulation shall enter into a cooperative agreement with the Director of Unemployment Insurance to exchange information about any debtor who owes a debt to this State and who applies for or holds a license issued or renewed by any commission, board, or agency under the authority of the Division of Professional Regulation.
b. The specific information and the manner and frequency with which information is made available or otherwise exchanged between the Division of Unemployment Insurance and the Division of Professional Regulation is to be determined by cooperative agreement, but must be made available or otherwise provided no less than 1 time each calendar year.
c. Each cooperative agreement must contain provisions for ensuring the confidentiality of the information to be exchanged under state and federal laws governing confidentiality of unemployment compensation information.
d. Each cooperative agreement must be revised as necessary to effectuate the provisions and purposes of this section.
(2) From the information provided by the Division of Professional Regulation under paragraph (b)(1) of this section, the Division of Unemployment Insurance, at such intervals as it determines, may identify applicants or licensees who are debtors, and undertake enforcement action under this section.
(c) Notice of intent to deny or suspend license. —
Subject to the provisions for notice and the right to a hearing under subsections (d) and (e) of this section, the Director of Unemployment Insurance shall give written notice to a debtor that a license issued or renewed by any commission, board, or agency under the authority of the Division of Professional Regulation may be denied, suspended, or will not be issued or renewed.
(d) Contents of notice. —
The notice provided under this subsection must be sent by registered or certified mail to the debtor’s last address known to the Division of Unemployment Insurance and must inform the debtor of all of the following:
(1) The nature and amount of the debt.
(2) That the debt has been reduced to judgment under § 3325 or § 3361 of this title.
(3) That a copy of the judgment was provided to the debtor on or before the date of the notice.
(4) That under this section and § 8735 of Title 29, this information will be sent to the Division of Professional Regulation for the purposes of suspending or denying the issue or renewal of the debtor’s license unless, within 60 days of the notice, the debtor has done any of the following:
a. Paid the debt in full.
b. Entered into a written agreement with the Director of Unemployment Insurance for payment of the debt with such terms as the Director of Unemployment Insurance may require.
c. Requested a hearing under subsection (e) of this section.
(e) Request for hearing on proposed suspension or denial of license. —
If a debtor mails or delivers a written request for hearing to the Director of Unemployment Insurance within 20 days from the date of mailing the notice of intent to deny or suspend a license, an appeals tribunal under § 3319 of this title shall conduct a hearing for the limited purpose of determining if the debt exceeds $1,000 and if the debt was reduced to judgment under § 3325 or § 3361 of this title.
(1) The appeals tribunal shall give written notice of the hearing to the debtor.
(2) The debtor may present evidence, be represented by counsel of debtor’s choice and at debtor’s expense, and appear personally or by other representative.
(3) The appeals tribunal cannot receive evidence at the hearing regarding the appropriateness or validity of the final assessment of the unemployment compensation tax, including any interest and penalty, or the overpayment of benefits, including any interest and penalty, that has been reduced to judgment under § 3325 or § 3361 of this title.
(4) The appeals tribunal must reach a decision based on the evidence received at the appeals tribunal hearing and issue a decision to the debtor after the hearing. The appeals tribunal decision is final and not subject to further appeal.
(f) Denial or suspension of professional or occupation license. —
(1) On certification by the Director of Unemployment Insurance to the Director of the Division of Professional Regulation of compliance with this section, the Director of the Division of Professional Regulation shall immediately suspend all licenses issued to the debtor by any commission, board, or agency; deny any applications to issue or renew any such license or licenses by the debtor; and give written notice of the suspension or denial to the debtor.
(2) The debtor remains ineligible for the issuance, renewal, or reinstatement of any license until the Director of Unemployment Insurance provides written certification to the Director of the Division of Professional Regulation that the grounds for denial or suspension of a license under this section no longer exist.
(3) The Director of Unemployment Insurance shall provide the written certification under paragraph (f)(2) of this section to the Director of the Division of Professional Regulation within 30 days from the time that the grounds for denial or suspension of a license under this section no longer exist.
(4) The Director Unemployment Insurance shall provide notice to the debtor when the written certification under paragraph (f)(2) of this section is provided to the Director of the Division of Professional Regulation.
(g) Regulations. —
The Director of Unemployment Insurance may promulgate regulations necessary to implement the provisions of this section.
(h) Remedies not exclusive. —
The remedies provided under this section are in addition to any other remedies for the enforcement of tax assessment obligations and the collection of overpayments of benefits.