19 Del. Admin. Code §§ 1331-3.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1331-3.0 - Filing of Papers

3.1 The Administrator of the Office of Workers' Compensation shall have custody of the Board's seal and official records, and shall be responsible for the maintenance and custody of the docket, files and records of the Board, including the transcripts of the testimony and exhibits with all papers and requests filed in proceedings, the minutes of all action taken by the Board, and of its findings, determinations, reports, opinions, orders, rules, regulations, and approved forms.

3.2 All orders and other actions of the Board or a Hearing Officer shall be signed by the Board member or Hearing Officer issuing the order and authenticated by the Administrator of the Office of Workers' Compensation.

3.3 All pleadings or papers required to be filed with the Board shall be filed in the Department of Labor's offices in Wilmington or other location designated by the Department for that purpose, within the time limit, if any, fixed by law or Board Rule for such filing. All written communication shall contain the assigned case file number.

3.4 Written communications addressed to the Board and all petitions and other pleadings, all reports, exhibits, depositions, transcripts, orders, and other papers or documents, received or filed with the Department of Labor and retained by the Administrator of the Office of Workers' Compensation shall be stamped showing the date of the receipt of filing thereof.

3.5 All requests for information, copies of official records or the opportunity to inspect public records shall be made in writing to the Administrator of the Office of Workers' Compensation, or his or her designee.

3.6 All sections of the petition must be completed. The Department in its discretion, may reject a filing for incompleteness.

3.7 When a Petition is filed and the petitioner is aware that the respondent is represented by counsel, the petitioner shall provide the respondent's counsel with a copy of the Petition and all attachments thereto at the time it is filed with the Board.

3.8 Any party challenging a Utilization Review Determination shall attach a copy of the determination in dispute when filing the petition. If such Utilization Review Determination is not so attached, it shall be produced by the petitioner within 15 days of a request by a party or the Board.

19 Del. Admin. Code §§ 1331-3.0

1 DE Reg. 938 (01/01/98)
15 DE Reg. 854 (12/01/11)
25 DE Reg. 1143 (6/1/2022) (Final)