19 Del. Admin. Code § 1311-9.0

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

Section 1311-9.0 - Final Determinations

9.1 Issuance of findings.

9.1.1 Following the completion of an investigation of a charge, the administrator shall determine whether or not there is reasonable cause to believe that the respondent has committed or is committing an unlawful employment practice in violation of 19 Delaware Code, Chapter 7, Subchapter II or III.

9.1.2 If the administrator determines that there is reasonable cause to believe a violation of 19 Del.C. Chapter 7, Subchapter II or III has occurred, he shall issue to the parties a finding of reasonable cause.

9.1.3 If the administrator determines that the conditions for issuing a finding of reasonable cause have not been met, he shall issue a finding of no reasonable cause.

9.1.4 If the administrator determines that reasonable cause exists as to some but not all of the allegations of the charge, he shall issue a determination setting forth those issues to which he finds reasonable cause exists and those issues to which he finds no reasonable cause exists.

9.1.5 Subject to the provisions of section 9.2, a Notice of Final Determination is final when issued.

9.2 Request for reconsideration of finding of reasonable cause.

9.2.1 A party requesting reconsideration of a finding of reasonable cause shall file a written request to the administrator within ten days of receipt of the finding, with a copy to the other parties.

9.2.2 The administrator shall determine whether reconsideration is warranted within ten days of receipt of the request for reconsideration.

9.2.2.1 The administrator in his sole discretion shall determine what if any further supporting evidence or information is needed to complete his review, and shall offer the party at least fourteen days to present additional information.

9.2.3 The administrator shall issue his written decision to the parties. The administrator's decision is final when issued.

19 Del. Admin. Code § 1311-9.0