19 Del. Admin. Code § 1329-8.0

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

Section 1329-8.0 - Investigations

8.1 Timing of investigations.

8.1.1 The Department shall promptly initiate an investigation into alleged violations of the Delaware Contractor Registration Act when:

8.1.1.1 The Department receives a complaint; or

8.1.1.2 The Department, on its own motion, determines to initiate an investigation.

8.1.2 The Department shall complete its investigation as promptly as possible.

8.2 The Department shall coordinate with other state agencies where appropriate. All Divisions and units of the Department shall cooperate with any investigation.

8.3 Investigatory procedures.

8.3.1 All investigatory powers granted by 19 Del.C. § 108 shall be available to the Department. In its discretion, the Department may conduct investigations using, among other things, written requests for information, investigatory conferences, subpoenas, on-site visits, interviews, and depositions as provided by these regulations.

8.3.2 In connection with an investigation, the Department may require the submission of information relating to:

8.3.2.1 The employer's books and records;

8.3.2.2 The employment records of employees;

8.3.2.3 The employer's accounts and payroll records;

8.3.2.4 The employer's procedures for hiring and selecting employees; and

8.3.2.5 Such other information as the Department determines to be reasonably necessary to carry out the provisions of the Delaware Contractor Registration Act.

8.4 Requests for Information.

8.4.1 The Department may serve requests by certified mail for information to assist the Department in its investigation. Unless otherwise specified in a request for information, the response shall be due to the Department within 15 days from the date of the request.

8.4.2 If an employer fails to provide all information, including records, forms, or documents, requested by the Department under the Delaware Contractor Registration Act the Department may, deny, suspend, or revoke the employer's registration until the information is received by the Department, under 19 Del.C. § 3607.

8.5 On-Site Visits.

8.5.1 The Department may conduct on-site visits to assist in the investigatory process for the purpose of gathering evidence, interviewing witnesses, observing an employer's place of business or work site, and reviewing documents.

8.5.2 The Department is not required to provide the employer with any notice prior to its on-site visit.

8.5.3 The employer shall grant access to its premises, documents, and employees during the Department's on-site visit.

8.6 Subpoenas.

8.6.1 The Administrator may issue a subpoenas to assist the investigatory process. The Administrator shall issue a subpoena in the name of the Department, and the subpoena shall direct the person designated to personally appear and bring any books, records, documents and any other evidence that relates to any violation under investigation, or, in lieu of personal appearance, to produce any books, records, documents and any other evidence which relates to any violation under investigation.

8.6.2 A subpoena shall state the time and place where the person designated is directed to appear.

8.6.3 A subpoena shall be served either by personal service by any person 18 or more years of age by delivery of a copy thereof to the person named therein, by overnight delivery by commercial courier, or by registered or certified mail, return receipt requested.

8.7 Depositions.

8.7.1 The Department may take depositions of witnesses under oath as part of any investigation when, in the discretion of the Administrator, such depositions will aid the investigatory process.

8.7.2 Any deponent shall have the opportunity to be represented by licensed Delaware counsel at their deposition and shall be notified of that right by the Department.

8.8 Enforcement of subpoenas. If any person fails to comply with a subpoena issued by the Department, he shall be subject to the appropriate enforcement provisions of the Delaware Contractor Registration Act.

19 Del. Admin. Code § 1329-8.0

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