19 Del. Admin. Code § 1311-7.0

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

Section 1311-7.0 - Administrative Dismissal

7.1 The administrator may in his discretion administratively dismiss a charge for reasons including but not limited to the following:

7.1.1 Lack of jurisdiction;

7.1.2 The charging party is unavailable or unwilling to participate in the investigation, or to attend a scheduled conference or conciliation;

7.1.3 Relief is precluded by the respondent's bankruptcy or other special circumstances as determined by the administrator;

7.1.4 The charge was not timely filed under 19 Del.C. § 712 (c); or

7.1.5 The charge on its face fails to state a claim under the Delaware Discrimination in Employment Act or Handicapped Persons Employment Act.

7.2 The department will determine whether to administratively dismiss a charge under 19 Del.C. § 712 (c)(5).

7.3 Prior to administratively dismissing a charge under 19 Del.C. § 712 (c)(5) for lack of jurisdiction, untimeliness or failure to state a claim, the administrator shall notify the charging party of the reason for the proposed dismissal and shall offer the charging party the opportunity to respond.

7.3.1 The administrator shall make his final determination, considering all responses received within 14 days of the date of notice.

19 Del. Admin. Code § 1311-7.0