PUBLIC NOTICE
The Human Relations Commission in accordance with 6 Del.C. §4506 has proposed changes to Rule 10 and Rule 27 implemented under the Equal Accommodations Act. The changes clarify that a party or the Division of Human Relations can move to dismiss a complaint before a hearing when the Commission lacks jurisdiction or the complaint does not allege facts to state a claim under the statute. The dismissal order can be appealed to court.
In addition, the proposed changes toll the time for an appeal if there has been an application for reconsideration after a panel hearing. Tolling the appeal time is consistent with the rules of the courts and other administrative agencies.
A public hearing will be held at 7:00 p.m. on August 14, 2003 in Room 204 of the MBNA Building, Delaware State University, Rte.13, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Division of Human Relations at the Carvel State Building, 820 North French St., 4th Floor, Wilmington, DE 19802. Persons wishing to submit written comments may forward these to the Commission at the above address. The final date to receive written comments will be at the public hearing.
The Commission will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
EQUAL ACCOMMODATIONS REGULATIONS OF THE STATE HUMAN RELATIONS COMMISSION
Rule 27: Reconsideration
Any Party, within five(5) business days after receipt of the Final Order, may apply to the Panel for reconsideration, briefly and distinctly stating the grounds therefor. Within five (5) business days after service of such a motion, an opposing Party may serve and file a brief answer to each ground asserted in the motion. Any motion or answer filed under this Rule shall be submitted with five (5) copies to the office of the Division of Human Relations where the complaint was filed. The Panel shall promptly convene to consider a motion for reconsideration. The filing of such a motion shall not extend the time for judicial review as set forth in 6 Delaware Code, Section 4511. A copy of the Panel’s decision on the motion for reconsideration shall be mailed by certified mail, return receipt requested, delivered by hand, or delivered by regular first class mail to the last address which each Party has provided to the Division of Human Relations for the Party or if the Party is represent to the Party’s attorney.
Any party within five (5) business days after mailing of the Final order may apply to the Panel for reconsideration by briefly and distinctly stating the grounds. T he application shall show that it was served on the opposing party. Within five (5) business days after service of such application, the opposing party may serve and file a brief answer to each ground asserted. The Panel shall promptly convene to consider such application for reconsideration. The filing of such application shall extend the time for judicial review under 6 Del. C. §4511.