1 Del. Admin. Code § 602 § 10.0
Pre-hearing Requirements
Operative Text
10.1 Copies or photographs of all exhibits, except exhibits intended solely for impeachment, must be delivered to the Commission at the office of the Division where the complaint was filed and to all parties at least ten (10) days prior to the hearing. The hearing panel shall consider such exhibits without formal proof unless the parties and the Commission have been notified at least five (5) days prior to the hearing that an adverse party intends to raise an issue concerning the authenticity of the exhibit. 10.1.1 The Panel may refuse to receive into evidence any exhibit, a copy or photographs of which has not been delivered to the Commission and to an adverse party as provided herein. After commencement of the hearing, the Panel, in its discretion, may view or inspect exhibits or the location involved in a case. 10.1.2 Exhibits submitted at Panel Hearings are to be kept by the Commission during the passage of time for judicial review under Section 4612(i) or until all relevant proceedings have been concluded, whichever is later. When such time has passed, the exhibits shall be returned to their proper owner or destroyed. 10.2 A written list of witnesses a party intends to call during a Panel Hearing, must be delivered to the Commission and all parties at least ten (10) days prior to the hearing. 10.2.1 The Commission Panel, may refuse to receive into evidence any testimony of a witness which has not been named on the witness list. 10.2.2 A party requesting that a witness be subpoenaed to appear shall provide the address where service can be made as required under Rule 11.5. A witness is required to appear only if a subpoena has been issued. 10.3 All motions shall be delivered to the office of the Division of Human Relations where the complaint was filed and to all other Parties at least ten (10) days prior to the hearing. Motions filed beyond this time limit may be considered at the discretion of the Panel. Opposing Parties may file a response to the motion or may present opposition at the hearing. Replies to responses to motions are not permitted.
Section 10.0 of 1 Del. Admin. Code 602 establishes procedural deadlines that govern how parties prepare for a Commission panel hearing. Exhibits, witness lists, and motions must generally be submitted to the Commission and all other parties at least ten days before the hearing, with a five-day window for raising authenticity challenges to exhibits. The panel retains discretion to exclude evidence or testimony that does not comply with these timelines, and exhibits are held by the Commission until judicial review is complete or all proceedings have concluded.
Plain English — not legal advice.
Under 1 Del. Admin. Code 602 § 10.0, a compliant property owner or manager participating in a Commission panel hearing typically assembles copies or photographs of all intended exhibits, a written witness list, and any motions well in advance of the ten-day pre-hearing deadline. Operators generally ensure that all materials are delivered both to the Commission's Division office where the complaint was filed and to all other parties within the required timeframe to avoid having evidence or witness testimony excluded. If a subpoena is needed for a witness, the requesting party must supply a serviceable address as outlined in Rule 11.5 of the same code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 1 Del. Admin. Code 602 § 10.0, tenants participating in a Commission panel hearing have the right to receive copies of the opposing party's exhibits, witness lists, and motions at least ten days before the hearing, giving them time to review and prepare. If an exhibit's authenticity is in question, a tenant may raise that issue by providing notice at least five days before the hearing; failure to do so may result in the panel accepting the exhibit without formal proof. Tenants who believe procedural requirements have not been met may raise those concerns before the panel or consult a tenant-rights organization familiar with Delaware Human Relations Commission proceedings for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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