19 Del. Admin. Code § 1329-11.0

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

Section 1329-11.0 - Informal Settlement Conference

11.1 The Office of Contractor Registration shall review all requests for a hearing submitted under 19 Del.C. § 3608.

11.2 The Office of Contractor Registration will document the date of receipt regarding the request for a hearing. Any hearing request received within 10 business days from the date of receipt of the Department notice required under 19 Del.C. § 3608 (b) shall secure all of the contractor's rights to the appeal process as outline in the Delaware Contractor Registration Act.

11.3 The Office of Contractor Registration shall determine if the requested appeal may be able to be resolved in an informal settlement conference.

11.4 If the Office of Contractor Registration agrees to engage in an informal settlement conference, it will take the following action:

11.4.1 The Office of Contractor Registration will contact the contractor to offer to participate in an informal settlement conference.

11.4.2 Prior to such a conference, the Office of Contractor Registration will provide written notice (Notice of Informal Settlement Conference) to the contractor that the Department has received the timely request for an appeal. The notice must state that the contractor's rights to the appeal process will remain unless a settlement is reached. The notice will inform the contractor that participation in the informal settlement conference is voluntary and not required under the conditions of the appeal process.

11.4.3 If the informal settlement conference does not result in an agreement, or there is no longer participation, the Office of Contractor Registration will forward the request to the Secretary of the Department of Labor to schedule a hearing.

11.5 If the Office of Contractor Registration determines the dispute cannot be resolved through an informal settlement conference or the contractor does not agree to engage, then the Office of Contractor Registration shall forward the hearing request to the Secretary of the Department of Labor to schedule a hearing.

19 Del. Admin. Code § 1329-11.0

25 DE Reg. 288 (9/1/2021) (final)