19 Del. Admin. Code § 1311-4.0

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

Section 1311-4.0 - Preliminary Findings and Recommendations

4.1 Timing of preliminary findings and recommendations.

4.1.1 The administrator shall issue preliminary findings and recommendations within 60 days from the date of service of the charge on the respondent as required by 19 Del.C. § 712 (c)(2).

4.2 Form and content of preliminary findings and recommendations.

4.2.1 The preliminary findings and recommendations shall include the following:

4.2.1.1 A statement of whether or not the respondent filed an answer;

4.2.1.2 A referral to mediation or investigation, or a recommendation of dismissal.

4.3 Service of preliminary findings and recommendations.

4.3.1 Within one business day of issuing the preliminary findings and recommendations, the department shall cause a copy to be mailed to each party by U.S. Mail.

4.4 Criteria for preliminary recommendation of dismissal.

4.4.1 In determining whether to issue a preliminary recommendation of dismissal, the administrator shall review all information submitted by the parties that has been properly served as required by 19 Del.C. § 712 (c)(1), and shall consider the following factors:

4.4.1.1 The nature of the discrimination charged;

4.4.1.2 The probability of obtaining additional evidence that may affect the department's final determination after full investigation; and

4.4.1.3 Whether the public interest is best served by the continuation of the investigatory process.

4.4.2 Before dismissing a case under 19 Del.C. § 712 (c)(2) the administrator shall notify the charging party of the reason for the recommendation, and shall offer the charging party at least 14 days to present additional information that would warrant further investigation.

4.4.2.1 The administrator in his sole discretion shall determine whether additional information provided warrants further investigation.

4.4.2.2 If the charging party does not present additional information thatwarrants further investigation within the stated time, the department may dismiss the case and issue a Delaware Right to Sue Notice.

19 Del. Admin. Code § 1311-4.0