14 Del. Admin. Code § 282-5.0

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

Section 282-5.0 - Complaints

5.1 Each Private Business or Trade School shall adopt a policy and procedures to address complaints by its students. The school catalogue shall contain its complaint policy and procedures or a reference to where the policy and procedures can be obtained.

5.2 In addition to the complaint procedures adopted by a Private Business or Trade School for its students, the Department will investigate complaints by any person alleging facts that, if true, would constitute grounds for refusing or revoking a Certificate of Approval or an Agent permit. In either event, the Department will notify the complainant of its conclusions and provide the complainant with a copy of the school or Agent's initial response, if any.

5.2.1 Such complaints must be in writing and verified by the signature of the person making the complaint. Oral, anonymous or unsigned complaints will not be investigated.

5.2.2 A copy of the written complaint will be provided to the affected Private Business or Trade School or Agent for their written response. The Department may require that the complainant provide written permission for the Department to forward the complaint to the school or Agent.

5.2.2.1 If, after reviewing the school or Agent's response, the Department concludes that there is insufficient evidence to believe that the school or Agent has violated applicable law or a standard, rule or regulation of the Department, the Department may close the complaint without further investigation. In such case, the Department will notify the complainant and the school or Agent of this conclusion and provide the complainant with a copy of the school or Agent's response.

5.2.2.2 If, after reviewing the school or Agent response, the Department concludes that there is sufficient evidence to believe that the school or Agent has violated applicable law or a standard, rule or regulation of the Department, the Department may continue its investigation or begin revocation or other action against the school or agent as the Department determines appropriate. The Department may also continue its investigation or begin revocation or other action if the school or Agent fails to respond to a complaint within the time established by the Department.

5.3 The Department may also investigate circumstances that would constitute grounds for refusing or revoking a Certificate of Approval or an Agent permit on its own initiative.

14 Del. Admin. Code § 282-5.0

22 DE Reg. 939 (5/1/2019) (Final)