19 Del. Admin. Code § 3002-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 3002-1.0 - General Provisions

1.1 Computation of Time

1.1.1 In computing any period of time prescribed by or allowed by the Act, these Regulations or an Order of the Board, the day of the act or event after which the designated period of time begins to run shall be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.

1.1.2 Whenever a party has the right or is required to do some act or take action within a prescribed period after service of a notice or other paper, and the notice or other paper is served by mail, three (3) days shall be added to the prescribed period; provided, however, that three additional days shall not be added to any extension of such time that may have been granted.

1.1.3 When these rules require the filing of any document with the Board, such document must be received by the Board or the officer or agent designated to receive such document before the close of business on the last day of the time limit, if any, for such filing.

1.2 Form of Documents

1.2.1 All documents shall clearly show the title of the proceeding and the docket number, if any.

1.2.2 Any document or papers filed with the Board shall be filed with four (4) copies in addition to the original.

1.2.3 The original of each document shall be signed by the filing party, by an attorney or representative of record for the party, or by an officer of the party, and shall contain the addresses and telephone numbers of the person signing it.

1.3 Service and Filing of Documents: Proof of Service

1.3.1 Every document filed with the Board shall be served by the filing party upon all other parties to the proceedings, and shall include an affidavit of service naming all other parties and attorneys or representatives, if any, upon whom concurrent service was made. Service is defined as any method reasonably intended to provide timely written notice to those required by the Act to be so notified and includes but is not limited to mail and personal delivery.

1.3.2 Service upon an attorney or representative of record described in Regulation 1.5 shall constitute service upon the party.

1.3.3 Filing with the Board shall be complete when the document is received in the office of the Executive Director.

1.3.4 Service shall be complete upon personal delivery, depositing of the message or document with a telegraph company, charges prepaid, or depositing the message with the United States mail, properly addressed and stamped.

1.4 Records and Dockets. The official dockets and all original papers pertaining to proceedings before the Board shall be maintained at the principle office of the Board.

1.5 Appearances

1.5.1 Any attorney or other representative of a party desiring to participate in any proceeding before the Board and who wishes to be served with all papers shall file an appearance either by letter on a form provided by the Board, or by oral request at a hearing.

1.5.2 Any person who has been employed by the Board shall not be permitted to appear as an attorney or representative for any party in any case which was pending before the Board during the period of his/her employment.

1.6 Joinder of Parties

1.6.1 No proceedings shall be dismissed because of nonjoinder or misjoinder of parties.

1.6.2 Upon motion of any party or upon motion of the Board, parties may be added, dropped or substituted at any stage of the proceedings, upon such terms as the Board or its representative, may deem just and proper. Such motions shall be made at or prior to the first hearing in any such proceeding unless good and sufficient cause is shown why it could not have been made at such time. Failure to so move will be deemed a waiver of all objections to a nonjoinder or misjoinder.

1.7 Intervention. Any party desiring to intervene shall make a motion for such intervention, stating the grounds upon which such party claims to have an interest in the petition. The party desiring to intervene shall send a copy of the motion to intervene to all parties who are named in the petition.

1.8 Consolidation or Severance

1.8.1 Any two or more proceedings may be consolidated by the Board in its discretion, or upon the motion of either party, with the approval of the Board.

1.8.2 Any proceeding may be severed by the Board in its discretion, or upon the motion of either party with the approval of the Board.

1.9 Construction of the Regulations. These regulations set forth rules for the efficient operation of the Board and the orderly administration of the Act. They are to be liberally construed for the accomplishment of these purposes and may be waived or suspended by the Board at any time and in any proceeding unless such action results in depriving a party of substantial rights.

1.10 Timeliness. Notwithstanding the provisions of Regulation 1.9, and so that the Act may be efficiently enforced and disputes thereunder swiftly resolved, the Board shall strictly construe all time limitations contained in the Act and in these Regulations.

19 Del. Admin. Code § 3002-1.0