19 Del. Admin. Code § 1311-1.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1311-1.0 - General Provisions

1.1 Purpose and scope.

1.1.1 The regulations set forth in this part contain the procedures established by the Department of Labor for carrying out its responsibilities in the administration and enforcement of 19 Del.C. Ch 7, Subchapters II-III.

1.2 Address; office hours.

1.2.1 Questions may be addressed to "Anti-Discrimination Office Administrator" at 4425 N. Market Street, Wilmington, Delaware 19802. The office is open daily from 8:00 a.m. to 4:30 p.m. except Saturdays, Sundays, and Legal Holidays.

1.3 Definitions.

1.3.1 The terms "Charging Party", "Conciliation", "Delaware Right to Sue Notice", "Mediation", "No Cause Determination", "Reasonable Cause Determination", and "Respondent", when used in this regulation, shall have the meanings set forth in 19 Delaware Code, Section 710.

1.3.2 The following words and terms, when used in this regulation, shall have the following meanings:

"Administrator" means the Office of Anti-Discrimination Administrator or his designee.

"Complainant" means any individual claiming to have been harmed by an unlawful employment practice under the Discrimination in Employment Act (19 Del.C. § 711) or the Handicapped Persons Employment Protections Act (19 Del.C. § 724).

"Day" means calendar day unless otherwise specified.

"Department" means the Department of Labor.

"Fact-finding conference" means a conference convened by the administrator as an investigative forum intended to define the issues, to determine which elements are undisputed, to resolve those issues that can be resolved and to ascertain whether there is a basis for negotiated settlement of the verified charge.

"Mediation Director" means the director of the Discrimination Mediation Unit or his designee.

"Party" means any complainant, charging party, respondent, or the Department of Labor.

"Verified charge" or "charge" means a charge of discrimination that sets forth a concise statement of facts, in writing, verified under oath and signed by the Charging Party.

1.4 Attorneys; form of appearance on behalf of parties.

1.4.1 An attorney may appear on behalf of a party by providing written notice of appearance. To constitute an appearance, a form, letter, or document shall contain the names of the parties, the department's docket number if known, the name of the party that the attorney represents, and the attorney's address, telephone number, facsimile number, and e-mailaddress.

1.4.2 If a party appears through an attorney, all papers shall be served on the attorney with the same force and effect as though served on the client.

1.4.3 An attorney may withdraw his appearance by providing written notice of withdrawal to the department, certifying that a copy of the notice of withdrawal was mailed to all parties.

1.5 Parties' obligation to keep department informed of change of address or status.

1.5.1 The parties shall promptly notify the department of any change in address, telephone number, contact information, or other material change in business status while the charge is pending.

1.6 Liberal construction of regulations.

1.6.1 These regulations shall be liberally construed by the administrator to permit the department to discharge its statutory duties under 19 Del.C. Ch. 7, Subchapters II and III.

1.7 Practice where regulations do not govern.

1.7.1 In any circumstance that arises not governed by these regulations, the administrator shall exercise his discretion in order to permit the department to discharge its statutory duties under 19 Del.C. Ch. 7, Subchapters II and III.

1.8 Validity of regulations if any portion declared invalid.

1.8.1 If any portion of these regulations is adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any portion loses its force and effect, the ruling or action will not affect, impair or void the remainder of these regulations.

1.9 Amendment of regulations.

1.9.1 The administrator may rescind, amend or expand these regulations from time to time as necessary to comply with the Discrimination in Employment Act, 19 Del.C. Ch 7, Subchapter II or the Handicapped Persons Employment Protection Act, 19 Del.C. Ch 7, Subchapter III, and such new regulations shall be submitted to the Registrar's office in accordance with the provisions of 29 Del.C. § 10161 (b).

19 Del. Admin. Code § 1311-1.0