Delaware Code
Chapter 37. Family and Medical Leave Insurance Program
§ 3718. Powers of the Department.

(a) The Department shall administer and enforce this chapter.
(b) A complaint, on a form created by the Department, may be filed with the Department for noncompliance with this chapter.
(c) (1) The Department may audit employers for compliance with this chapter, as determined by the Department.
(2) Nothing in this chapter limits the Department of Insurance's jurisdiction over an insurer issuing an approved private plan.
(d) The Department may do all of the following under the Department's audit and investigative authority to determine noncompliance with this chapter:

(1) Enter and inspect, after 1 day's notice to the employer, the premises or place of business or employment and, on demand, examine and copy, wholly or partly, any or all books, registers, payrolls, and other records, including those required to be made, kept, and preserved under this chapter.
(2) Question any employer, employee, or other person in the premises or place of business or employment.
(3) Require from an employer full and correct statements in writing, including sworn statements, on forms prescribed or approved by the Department, with respect to the compliance with this chapter, as the Department may deem necessary or appropriate.
(4) Investigate such facts, conditions, or matters as the Department may deem necessary or appropriate to determine whether this chapter has been or is being violated.
(5) Hold hearings, administer oaths, and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents, and testimony, and take depositions and affidavits in any proceeding before the Department. If a person fails to comply with a subpoena lawfully issued or a witness refuses to testify to a matter that the witness may be lawfully interrogated, the Superior Court, on application by the Department, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from the Court or a refusal to testify to the Court.
(e) (1) Following an investigation in which the Department makes an initial determination that an employer has violated 1 or more provisions of this chapter, or an initial determination that a covered individual received an overpayment or violated § 3712 of this title, the Department shall notify the employer or covered individual of the initial determination and of any amounts owed and shall provide the employer or covered individual with an opportunity to appeal the Department's determination to the Family and Medical Leave Insurance Appeal Board ( “Board” ). If the Department finds a violation of this chapter, the Department may issue civil penalties under § 3719 of this title.
(2) An initial determination that is not appealed within 15 days of the date of the notice is deemed a final determination, and the employer or covered individual shall pay any payments or penalties included in the initial determination to the Fund.
(3) If the initial determination is appealed within 15 days from the date of the notice, the Board shall hear the appeal within a reasonable time.
(4) The Board shall conduct a hearing on appeal under the Administrative Procedures Act, Chapter 101 of Title 29, and the regulations adopted by the Board. The decision of the Board is final unless appealed to the Superior Court within 30 days.
(f) The Department may institute an action in a court of competent jurisdiction for overpayments, penalties, unpaid contributions, or violations of this chapter. In an action brought by the Department under this subsection where judgment is entered for the Department, a court may award costs and, when so awarded, the same amount of costs must be allowed, taxed, and collected as are allowed, taxed, and collected for like services in the court.
(g) The Department has exclusive authority to settle any claim related to noncompliance with this.
(h) Nothing in this chapter limits the Department's power or authority under other law of this State which may be otherwise applicable to administer or enforce this chapter.
(i) The Department may not be required to pay the filing fee or other costs of the action or fees of any nature or to file bond or other security of any nature in connection with an action under this chapter or with supplementary proceedings as a condition precedent to the availability of any process in aid of the action or proceedings. The Department may join various claimants in 1 cause of action.
(j) Nothing in this chapter prevents a person from pursuing an action at law or in equity against an employer arising under other applicable law.
(k) In addition to the methods of collection authorized by this chapter, the Department may collect a final determination of liability of an employer or covered individual to the Fund by any manner available under other law of this State, including by any manner that unemployment tax assessments may be collected under Chapter 33 of this title, including §§ 3358, 3360, 3361, 3363, 3368, and 3369 of this title.