1 Del. Admin. Code § 601-5.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 601-5.0 - Case Closing Prior to Hearing5.1 Voluntary Termination and Dismissal 5.1.1 A case may be dismissed by the Complainant without order of the Commission by filing a notice of dismissal at any time before service of a response to the complaint or by filing a stipulation of dismissal signed by all Parties who have appeared in the case. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a Complainant who has once dismissed a case before the Commission based on or including the same claim. A Complainant who dismisses a case pursuant to this paragraph without prejudice may refile a complaint within ninety (90) days after the occurrence of the alleged discriminatory public accommodation practice.5.1.2 After the Respondent has filed a response to the complaint, a case shall not be dismissed at the Complainant's request except upon order of the Commission or upon order by a single Commissioner authorized by the Commission prior to the appointment of a panel and upon such terms and conditions as the Commission deems proper. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.5.1.3 A case may be dismissed, upon notice of the Commission or of the Division, for lack of activity. Application shall be made in writing by the Division staff to a Panel of if no Panel has been appointed, then to the Division Director or Commission Chairperson, stating the reason for the proposed dismissal.5.1.4 A case may be dismissed, upon notice of the Commission or of the Division, for failure of Complainant to cooperate upon application of theDivisionstaff to the Panel or if no Panel has been appointed, then to the DivisionDirector or Commission Chairperson. Failure to cooperate includes, but is not limited to, failure to keep the Division informed of Complainant's current address.5.1.5 A case may be dismissed upon written application to the Commission by the Respondent or the Division Director when 5.1.5.1 the Commission does not have jurisdiction to determine the case; or5.1.5.2 the facts alleged do not state a violation of the law.5.1.6 If the Division determines that the Commission does not have jurisdiction over the case or that the complaint does not allege facts that state a violation of the law, the Division Director shall apply in writing to the Panel Chair or designee (or, if a Panel has not been appointed, to the Chairperson or other designee), for dismissal of the complaint under Rule 5.1.5.5.1.7 An application for dismissal by the Respondent shall show proof of service of the application upon the Complainant and the Division. Complainant shall have 10 days after being served to respond to the Respondent and Commission. An application for dismissal by the Division shall show proof of service on all parties and all parties shall have 10 days after being served to respondto the Commission with proof of service to the Division.5.1.8 The Panel Chair or designee (or, if no panel has been appointed, the Commission Chairperson or other designee) shall consider the application for dismissal. In the absence of compelling or unusual circumstances, such consideration shall be without an evidentiary hearing or oral argument. The Panel Chair or designee (or, the Commission Chairperson or designee) will consider only the facts alleged in the pleadings or any related submissions and any reasonable inferences from those facts. The facts alleged by the claimant, unless conclusory, will be considered as true for the purpose of the dismissal proceeding.5.1.9 All notices of case dismissals shall be served on all parties and shall include a statement of the right to appeal, to have the case reopened for good cause shown to the Panel, or if no Panel has been appointed, then to the DivisionDirector or Chairperson.5.1.10 All orders resulting from an application for dismissal are subject to Superior Court review pursuant to 6 Del.C. § 4511.1 Del. Admin. Code § 601-5.0
7 DE Reg. 793 (12/1/03)
12 DE Reg. 505 (10/01/08)