Delaware Code Title 3 Sec. 2261 – Hearings; procedural requirements
(a) The Commission shall examine all complaints meeting the criteria of § 2260(a) of this title brought before it for violations of this chapter or Commission regulations within 60 days of receipt of the complaint. The Commission shall conduct a hearing on any matter that on its face presents a colorable claim that a violation has occurred.
Terms Used In Delaware Code Title 3 Sec. 2261
- 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.
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Hearings on violations shall be held within 120 days of the date the Commission received a complaint and shall be conducted in the county in which the alleged violation occurred.
(c) The Commission shall send 10 days’ notice of any hearing to all named parties, together with a recital of the complaint or issue brought before the Commission. Such notice shall be sent via certified mail, and it shall be sufficient to send such notice to the attorneys of those who are represented by counsel.
(d) All hearings shall be conducted by the Commission. A record of each shall be kept by the Commission and shall include:
(1) A recitation of the evidence before the Commission;
(2) The Commission’s findings of fact;
(3) The Commission’s decision; and
(4) A brief statement of the reasons therefor.
(e) The Commission’s decision shall recite:
(1) The manner in which the Commission construed the law and applied it to the facts;
(2) Any remunerative action a violator must take or has taken;
(3) Any fine a violator must pay pursuant to Department regulations and a reference to the applicable regulations; and
(4) Any revocation, suspension or modification to any certificate that has occurred.
(f) The Commission shall have the power to compel the attendance of witnesses whose testimony is related to the alleged violation under review and the production of records related to the alleged violation under review by filing a praecipe for a subpoena through the Attorney General or a Deputy Attorney General with the Prothonotary of any county of this State, such a subpoena to be made by any sheriff of the State; failure to obey said subpoena will be punishable according to the rules of the Superior Court.
(g) All decisions of the Commission pursuant to this subsection shall be final and conclusive unless a party to such hearing shall appeal pursuant to the provisions of § 2263 of this title.