Delaware Code Title 24 Sec. 2517 – Hearing procedures
(a) If a complaint alleging a violation of § 2515 of this title is filed with the Board pursuant to § 8735(h) of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. The Board shall give notice of the hearing and shall conduct the hearing in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
Terms Used In Delaware Code Title 24 Sec. 2517
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
(b) A hearing pursuant to this section is informal, without the use of the Rules of Evidence. If the Board decides by a majority vote of all members that the complaint has merit, the Board may take any action permitted under this chapter that the Board considers necessary. The Board’s decision must be in writing and must include the reasons for the decision. The Board shall immediately mail its decision to the licensee or personally serve the licensee with the decision.
(c) If a licensee is in disagreement with the decision of the Board, the licensee may appeal the Board’s decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to that licensee, or within 30 days of service. Upon appeal, the Court shall hear the evidence on the record. A stay pending review may be granted by the Court in accordance with § 10144 of Title 29.
24 Del. Laws, c. 140, § ?4; 32 Del. Laws, c. 45, § ?1; 34 Del. Laws, c. 71; Code 1915, § ?874A; Code 1935, §§ ?945, 955, 956E; 41 Del. Laws, c. 87, § ?6; 46 Del. Laws, c. 143, § ?1; 24 Del. C. 1953, §§ ?2527, 2586; 49 Del. Laws, c. 220, § ?27; 53 Del. Laws, c. 267; 54 Del. Laws, c. 253; 55 Del. Laws, c. 316, § ?2; 59 Del. Laws, c. 318, §§ ?4, 9; 62 Del. Laws, c. 251, § ?11; 65 Del. Laws, c. 355, § ?1; 65 Del. Laws, c. 378, § ?4; 68 Del. Laws, c. 206, § ?1; 69 Del. Laws, c. 423, § ?23; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 262, §§ ?44, 45; 75 Del. Laws, c. 436, §§ ?24-26; 76 Del. Laws, c. 167, § ?1;