1 Del. Admin. Code § 1301-13.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1301-13.0 - Hearings

13.1 All hearings will be conducted in accordance with the Delaware Freedom of Information Act, 29 Del.C. Ch. 100.

13.2 Presence of the appellant is required. Failure to appear within 10 minutes of the time indicated on the notice will result in the Board hearing the appeal in the absence of the appellant or dismissal of the appeal.

13.3 At any hearing, a party may appear pro se or be represented by an attorney-at-law duly admitted to practice law in the State of Delaware or appear with a union representative at his or her own expense. The appellant will have the right to appear and testify at the hearing; the right to call witnesses and to present other evidence in the form of testimony and/or documents; and the right to cross-examine any witnesses who may testify at the hearing.

13.4 The Board or its attorney may administer oaths, examine any witness, receive exhibits into evidence, and move the admissions of documents and things into evidence.

13.5 Strict rules of evidence shall not apply.

13.6 At any hearing involving Improper Access or Breach, the investigator or their designee shall attend and present the facts of the administrative investigation directly to the Board.

13.7 The Board will render a decision based on the substantial evidence presented.

13.8 The Board may affirm, modify, or reverse, in whole or in part, any decision to temporarily suspend, revoke, reject, or deny access to CJIS, and may order that such suspension, revocation, rejection, or denial become permanent.

13.9 A written decision shall be rendered by the Board within sixty (60) days of the hearing, unless extenuating circumstances require a longer period.

13.10 The Board's decision on appeal is final and is not subject to further appeal or review.

1 Del. Admin. Code § 1301-13.0

18 DE Reg. 552 (1/1/2015) (Final)