19 Del. Admin. Code § 1329-1.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1329-1.0 - General Provisions

1.1 Purpose and scope. The regulations set forth in this part contain the procedures established by the Department of Labor for carrying out its responsibilities in the administration and enforcement of 19 Del.C. § 3601 et seq., the Delaware Contractor Registration Act.

1.2 Address; office hours. Questions may be addressed to: Office of Labor Law Enforcement Contractor Registration Administrator at 4425 North Market Street, Wilmington Delaware 19802. The office is open daily from 8:00 a.m. to 4:30 p.m. except Saturdays, Sundays, and Legal Holidays.

1.3 Definitions.

1.3.1 Except as otherwise specified below, the terms used in this regulation shall have the meanings set forth in the Delaware Contractor Registration Act. Where the meanings of terms are not defined in the Delaware Contractor Registration Act or below, their meanings shall be inferred from other applicable statutes or case law.

1.3.2 The following words and terms, when used in this regulation, shall have the following meanings:

"Administrator" means the Office of Contractor Registration Administrator or their designee.

"Corporate officer" or "officer of a corporation" means any person who fills an office provided for in the corporate charter or articles of incorporation. As to persons engaged in the construction industry, the term "officer of a corporation," includes a member owning at least 10 percent of a limited liability company.

"Day" means calendar day unless otherwise specified.

"Hearing" means an administrative hearing pursuant to 19 Del.C. § 3608 before the Delaware Secretary of Labor or their designee.

"Party" means any employee, employer or the Department of Labor.

"Secretary" or "Secretary of the Department of Labor" means the Secretary of the Delaware Department of Labor or their designee.

1.4 Attorneys; form of appearance on behalf of parties.

1.4.1 An attorney admitted to practice before the State of Delaware Supreme Court may appear on behalf of a party by providing written notice of appearance. To constitute an appearance, a form, letter, or document shall contain the names of the parties, the Department's docket number if known, the name of the party that the attorney represents, and the attorney's address, telephone number, facsimile number, and e-mail address.

1.4.2 If a party appears through an attorney, all papers shall be served on the attorney with the same force and effect as though served on the client.

1.4.3 An attorney may withdraw his appearance by providing written notice of withdrawal to the Department, certifying that a copy of the notice of withdrawal was mailed to all parties.

1.5 Parties' obligation to keep Department informed of change of address or status. The parties shall promptly notify the Department of any change in address, telephone number, contact information, or other material change in business status while the charge is pending.

1.6 Liberal construction of regulations. These regulations shall be liberally construed by the Administrator to permit the Department to discharge its statutory duties under the Delaware Contractor Registration Act.

1.7 Practice where regulations do not govern. In any circumstance that arises not governed by these regulations, the Administrator shall exercise discretion in order to permit the Department to discharge its statutory duties under the Delaware Contractor Registration Act while ensuring procedural due process to employers and other parties.

1.8 Validity of regulations if any portion declared invalid. If any portion of these regulations is adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any portion loses its force and effect, the ruling or action will not affect, impair or void the remainder of these regulations.

1.9 Amendment of regulations. The Administrator may rescind, amend or expand these regulations from time to time as necessary to comply with the purpose of the Delaware Contractor Registration Act and such new regulations shall be submitted to the Registrar of Regulations' office in accordance with the provisions of 29 Del.C. § 10161 (b).

19 Del. Admin. Code § 1329-1.0

25 DE Reg. 288 (9/1/2021) (final)