Delaware Code Title 29 Sec. 10123 – Informal fact-finding
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Where a formal hearing is not required by law and where the parties agree in advance to proceed in such manner, the agency shall acquire the information upon which it bases its decision by means of informal conference or consultation among the parties as follows:
(1) The agency shall conduct the conference itself or may designate a subordinate to do so;
(2) The parties may appear in person and by counsel; and
(3) The parties may submit any relevant factual data, documents, testimony and argument. Only such evidence and argument presented at such conference or presented to the agency and opposing parties before the conference may be taken into consideration by the agency in making its findings and rendering its decision.
Terms Used In Delaware Code Title 29 Sec. 10123
- Agency: means any authority, department, instrumentality, commission, officer, board or other unit of the state government authorized by law to make regulations, decide cases or issue licenses. See Delaware Code Title 29 Sec. 10102
- 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.
- Subordinate: means either:
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.