Records and reports from employing units; disclosure of information; use of information at hearings or on appeal; penalty.
Del. Code tit. 19, § 3125
in effect(a) (1) Each employing unit shall keep true and accurate records containing such information as the Department prescribes. Such records shall be open to inspection and subject to be copied by the Department or its authorized representatives at any reasonable time and as often as necessary. The Department may require from any employing unit any sworn or unsworn reports with respect to persons employed by such employing unit which the Department deems necessary for the effective administration of this part. Information thus obtained or obtained from any individual pursuant to the administration of this part shall, except to the extent necessary for the proper presentation of a claim, be held confidential and shall not be published or be open to public inspection other than to a member or employees of agencies as specified in paragraphs (a)(2), (3) and (4) of this section, in any manner revealing the individual’s or employing unit’s identity, but any claimant, or claimant’s legal representative, shall be supplied with information from such records to the extent necessary for the proper presentation of claimant’s claim.
(2) The Department shall disclose, upon request, to officers or employees of any state or local child support enforcement agency, any wage information and unemployment compensation claim information with respect to an individual which is contained in its records. For the purposes of this paragraph (a)(2):
a. The term “state or local child enforcement agency” means any agency of a state or political subdivision thereof operating pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654], which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act [42 U.S.C. § 651 et seq.].
b. The requesting agency shall agree that such information is to be used only for the purpose of establishing and collecting child support obligations which are being enforced pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654] which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act or for the establishment of paternity or the establishment, modification, or enforcement of child support orders pursuant to § 466(c)(1) of the Social Security Act [42 U.S.C. § 666(c)] as amended by § 325(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
c. The information shall not be released unless the requesting agency agrees to reimburse the costs involved for furnishing such information.
d. In accordance with § 303(c) of the Social Security Act [42 U.S.C. § 503], as amended by § 313(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a state or local child support enforcement agency may disclose to an agent of that agency for purposes of establishing and collecting child support obligations from and locating individuals owing such obligations, the information provided by the Department under this subsection.
e. In addition to the requirements of this paragraph, all other requirements with respect to confidentiality of information obtained in the administration of this section and the sanctions imposed on improper disclosure shall apply to the use of such information by officers of such child support agencies.
(3) The Department shall disclose, upon request to officers and employees of the United States Department of Agriculture and any state food stamp agency, with respect to an identified individual, any of the following information which is contained in its records:
a. Wage information;
b. Whether the individual is receiving, has received or has made application for unemployment compensation and the amount of any compensation being received or to be received by such individual;
c. The current or most recent home address of the individual; and
d. Whether the individual has refused an offer of employment and if so, a description of the employment offered and the terms, conditions and rate of pay therefor; and
e. Provided that, for the purposes of this paragraph:
1. The term “state food stamp agency” means any agency described in § 3(n)(1) of the Food Stamp Act of 1977 [7 U.S.C. § 2012] which administers the food stamp program established under such Act.
2. The requesting agency shall agree that such information shall be used only for purposes of determining the applicant’s eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977 [7 U.S.C. § 2011 et seq.].
3. In addition to the requirements of this paragraph, all other requirements with respect to confidentiality of information obtained in the administration of this section and the sanctions imposed for improper disclosure of information obtained in the administration of this section shall apply to the use of such information by the officers and employees of any food stamp agency or the United States Department of Agriculture.
(4) The Department shall disclose information, the release of which is otherwise prohibited, to officials and employees of governmental agencies in the performance of their official duties, as it may by regulation permit, provided:
a. The regulation specifies the type of information to be released and the uses to which the information may be put, consistent with the administration of the unemployment laws of Delaware and other legitimate governmental interests;
b. The information shall not be released unless the requesting agency agrees to reimburse the costs for furnishing such information;
c. In addition to the requirements of this paragraph, all other requirements with respect to the confidentiality of information obtained in the administration of this section and the sanctions imposed for improper disclosure shall apply to the use of such information by officials and employees of agencies to which information is released pursuant to this paragraph;
d. The regulation specifies that the Secretary of Labor of the United States may obtain all information essential to the performance of the Secretary’s official duties without an agreement to reimburse costs.
(b) Any employee of the Department, an appeal tribunal or the Unemployment Insurance Appeal Board who violates any provision of this section shall be fined not less than $23 nor more than $230, or imprisoned not more than 90 days or both.
(c) (1) If any employing unit neglects or refuses to file with the Department a required report with respect to persons employed by the employing unit within 5 days after the report is due, the employing unit is subject to a penalty of 15% of the total amount of contributions paid or payable by the employing unit unless 1 of the following applies:
a. If the penalty calculated under this paragraph (c)(1) is less than $100, the penalty is $100.
b. If the penalty calculated under this paragraph (c)(1) is more than $450, the penalty is $450.
(2) The penalties under paragraph (c)(1) of this section are in addition to any other penalties provided for in this part.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title19/c031/sc02/index.htmlFetched: 10/4/2026