1 Del. Admin. Code § 601-2.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 601-2.0 - Commencement of Proceedings

2.1 Any person claiming to be aggrieved by discriminatory public accommodations practices within the jurisdiction of the Commission may file a written complaint with the Division. Minors shall be represented by a parent, guardian or other responsible adult for the purpose of bringing an action.

2.2 The Commission and the Division may each initiate an investigation into compliance with the Equal Accommodations Law, whether or not a complaint is filed. If an investigation is initiated by the Commission, such investigation may be initiated by written statement showing justification signed by the Chairperson or by such person as may be authorized by the Commission. In accordance with applicable provisions of the law, and to the extent practicable, the procedures in these Regulations shall apply to Commission-initiated and Division-initiated investigations.

2.3 A complaint shall be filed at any one of the places of business of the Division of Human Relations.

2.4 Complaints made with the Commission through the Division of Human Relations shall be in writing and deemed to be "filed" when received at the Division in substantially completed form.

2.5 All complaints must be filed on a complaint form provided by the Division.

2.6 All complaint forms shall include the following information:

2.6.1 The complainant's name and address;

2.6.2 The name and location of the place of public accommodation at which the discriminatory public accommodation practice(s) occurred, and the date, time and an explanation thereof;

2.6.3 If known, the name and address of each Respondent and, if different, the name of the owner, lessee, proprietor, manager or superintendent of the place of public accommodations.

2.6.4 The date of the first occurrence of the alleged discriminatory practice and whether the practice is of a continuing nature; and

2.6.5 The signature of the complainant or his/her attorney.

2.7 Complainants and Respondents must keep the Division of Human Relations informed of their current addresses and telephone numbers during the pendency of any proceedings.

2.8 Service of the complaint shall be made by the Division of Human Relations in accordance with 11.2 of these Regulations.

1 Del. Admin. Code § 601-2.0

12 DE Reg. 505 (10/01/08)