19 Del. Admin. Code § 1311-3.0

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

Section 1311-3.0 - Answers

3.1 Time for filing an answer.

3.1.1 A respondent may file an answer to the charge within 20 days of receipt of the charge. The respondent shall certify that a copy of the answer was mailed to the charging party or his attorney at the address provided.

3.1.2 A respondent may, in lieu of filing an answer, request mediation within 20 days of receipt of the charge. The respondent shall certify that a copy of the request for mediation was mailed to the charging party or his attorney at the address provided.

3.1.3 A request for an extension of time to file an answer or request for mediation shall be in writing and addressed to the administrator. The administrator within his discretion may authorize an extension.

3.2 Form and content of answer.

3.2.1 The answer to the charge shall fully and completely advise the charging party and the department of the respondent's responses to each claim asserted, and shall specifically admit or deny the allegations set forth in each paragraph of the charge. A respondent may admit in part and deny in part.

3.2.2 Affirmative defenses shall be set forth separately.

3.2.3 The following information may be redacted from the copy of the answer served on the charging party:

3.2.3.1 Employment records of individuals other than the charging party;

3.2.3.2 Medical records of individuals other than the charging party;

3.2.3.3 Confidential trade secrets; and

3.2.3.4 The identity of witnesses who respondent intends to produce.

19 Del. Admin. Code § 1311-3.0