19 Del. Admin. Code § 1311-14.0

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

Section 1311-14.0 - Access to Department's Investigatory Files

14.1 Confidentiality of department's investigatory files.

14.1.1 The department's investigatory records are confidential and exempt from public access under 29 Del.C. Ch. 100.

14.2 Parties' right to obtain factual documents.

14.2.1 After issuance of a Delaware Right-to-Sue Notice under 19 Del.C. § 712 (c)(3), (5), while litigation is pending, a party to a charge may make a written request to the administrator for copies of the following information in the department's file of that charge:

14.2.1.1 Witness statements; and

14.2.1.2 All factual written data, factual written reports or documentary information obtained or provided to the department in the course of its investigation that is not otherwise subject to confidentiality or privilege.

14.3 A request made under this section must certify that a copy was mailed to the other party or his attorney where appropriate at the address provided.

14.4 Discovery of department's investigatory files by non-parties.

14.4.1 Non-parties to a charge shall not have access to the material in the department's investigatory file of that charge.

14.5 Copying Costs.

14.5.1 The department's fee for copying documents requested under this section shall be the same fee as is applicable to requests granted pursuant to 29 Del.C. Ch. 100. The administrator may waive or modify this fee in the case of an indigent party or in other extraordinary situations for good cause.

19 Del. Admin. Code § 1311-14.0