1 Del. Admin. Code § 602-9.0

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

Section 602-9.0 - Expedited Discovery after a Charge is Filed

9.1 After a charge is filed by the Division, parties may obtain discovery by depositions, written interrogatories, production of documents or things, and requests for admission. The expense of such discovery shall be borne by the party requesting the discovery.

9.2 Pursuant to the Fair Housing Act, Sections 4612(d) and (e), discovery in administrative proceedings shall be conducted as expeditiously as possible consistent with the need of all parties to obtain relevant evidence and the statutory requirement that a hearing be scheduled within one hundred twenty (120) days following the issuance of the charge unless impracticable.

9.3 The parties shall try to agree on procedures for discovery. Where the parties cannot agree, disputes shall be presented in writing, and the dispute shall be resolved by written decision of a Commissioner, appointed by the Chairperson, who will not be assigned to the hearing Panel.

9.4 Discovery need not be formal. For example, the parties need not have a professional stenographer for transcription of depositions, so long as a record is made in some fashion such as an audio or video tape. Parties shall be entitled to a copy of the record, in whatever form, at their own expense.

1 Del. Admin. Code § 602-9.0

12 DE Reg. 814 (12/01/08)