Delaware Code Title 3 Sec. 2907 – Hearing procedure; appeals
(a) The Secretary, or the Secretary’s designee shall conduct all administrative proceedings under this chapter.
Terms Used In Delaware Code Title 3 Sec. 2907
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Secretary: means the Secretary of the Delaware Department of Agriculture. See Delaware Code Title 3 Sec. 2902
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) A person accused of violating this chapter has the right to appear personally, to be represented by counsel, and to submit evidence and witnesses in defense of the charges.
(c) The Secretary or the Secretary’s designee shall make and preserve a full record of the proceeding. A transcript of the record may be purchased upon payment to the Department of Agriculture of the cost of preparing such a transcript.
(d) The Secretary or the Secretary’s designee shall issue a decision in writing to the person accused of violating this chapter within 30 days of the conclusion of the hearing.
(e) The decision by the Secretary or the Secretary’s designee is appealable to the Superior Court within 30 days of the date the decision is mailed.
(f) Written notice of an appeal under subsection (e) of this section, must state the grounds for the appeal and be served on the Secretary.