Delaware Code Title 24 Sec. 2915 – Temporary suspension pending hearing
(a) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, welfare or safety, the Commission may temporarily suspend the licensee’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Commission Chairperson or the Commission Chairperson’s designee. An order temporarily suspending a license may not be issued unless the licensee or the licensee’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the licensee or the licensee’s attorney can file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended licensee requests a continuance of the hearing date. If the temporarily suspended licensee requests a continuance, the order of temporary suspension remains in effect until the Commission convenes and a decision is rendered.
Terms Used In Delaware Code Title 24 Sec. 2915
- Commission: means the Delaware Real Estate Commission. See Delaware Code Title 24 Sec. 2902
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- 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.
- Licensee: means an individual licensed under this chapter as a broker, associate broker or salesperson without implying what legal relationship they have with a customer or client. See Delaware Code Title 24 Sec. 2902
- State: means the State of Delaware. See Delaware Code Title 24 Sec. 2902
(b) A licensee whose license has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a copy of the complaint and the order of temporary suspension pending a hearing personally served upon the licensee or sent by certified mail, return receipt requested, to the licensee’s last known address.
(c) A licensee whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Commission shall schedule the hearing on an expedited basis, provided that the Commission receives the request within 5 calendar days from the date on which the licensee received notification of the decision to temporarily suspend the license.
(d) The case may be heard by the Commission, a hearing officer or a hearing panel, nominated pursuant to the Administrative Procedure Act, § 10161(d)-(f) of Title 29.
(e) After notice to the licensee pursuant to subsection (b) of this section, the Commission, or the hearing officer or the hearing panel, shall convene within 60 days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If the licensee requests in a timely manner an expedited hearing, the Commission, or the hearing officer or hearing panel, shall convene within 15 days of the receipt of the request by the Commission. The Commission, or hearing officer or hearing panel, shall proceed to a hearing in accordance with the Administrative Procedure Act, Chapter 101 of Title 29, and shall render a decision within 30 days of the hearing.
(f) An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the Commission unless the suspended licensee requests an extension of the order pending a final decision of the Commission. Upon the final decision of the Commission, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Commission.
71 Del. Laws, c. 103, § ?5; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 166, § ?1; 79 Del. Laws, c. 168, § ?2;