19 Del. Admin. Code § 1326-4.0

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

Section 1326-4.0 - Administrative Dismissal

4.1 The administrator or hearing officer may in his discretion administratively dismiss a complaint for reasons including but not limited to the following:

4.1.1 Lack of jurisdiction;

4.1.2 The employee is unavailable or unwilling to participate in the investigation, or to attend a scheduled conference, deposition or hearing;

4.1.3 Relief is precluded by special circumstances as determined by the administrator or hearing officer;

4.1.4 The complaint on its face fails to state a claim under the Workplace Fraud Act.

4.2 Prior to administratively dismissing a complaint, the administrator or hearing officer shall notify the employee of the reason for the proposed dismissal and shall offer the employee the opportunity to respond.

The administrator or hearing officer shall make his final determination, considering all responses received within 15 days of the date of notice to the employee.

19 Del. Admin. Code § 1326-4.0

21 DE Reg. 237 (9/1/2017)
25 DE Reg. 287 (9/1/2021) (Final)