14 Del. Admin. Code § 1515-3.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1515-3.0 - License, Certificate, and Permit Denial Actions3.1 Requests for a Hearing 3.1.1 An applicant may request a hearing by sending a request to the Executive Director.3.1.2 The request must be sent within 20 calendar days from the date that the Department's notice was sent to the applicant.3.1.3 The hearing will be scheduled in accordance with the Administrative Procedures Act (29 Del.C. Ch. 101).3.1.4 Notice of the date, time, and place of the hearing shall be mailed to the applicant.3.2 Prehearing Procedures and Rules3.2.1 Subpoena Requests 3.2.1.1 Requests for subpoenas for witnesses and other sources of evidence shall be mailed or hand-delivered to the Executive Director at least 15 business days before the date of the hearing. 3.2.1.1.1 Requests for subpoenas for witnesses shall specify the witness' name and address.3.2.1.1.2 Requests for subpoenas for other sources of evidence shall specify the person or entity to whom the subpoena is directed, the person or entity's address, and the date by which the person or entity is to respond to the request.3.2.1.2 The Standards Board shall issue subpoenas in accordance with the law.3.2.1.3 The applicant is responsible for delivering the subpoena to the person or entity to whom the subpoena is directed. Proof of service of a subpoena shall be mailed or hand-delivered to the Standards Board.3.2.2 Witness List 3.2.2.1 A written list of witnesses the applicant intends to call during a hearing shall be mailed or hand-delivered to the Executive Director at least 5 business days prior to the hearing.3.2.3 Continuances, Adjournments, and Postponements 3.2.3.1 The Standards Board may continue, adjourn, or postpone proceedings for good cause at the request of an applicant or on its own initiative.3.3 Hearing Procedures and Rules 3.3.1 The applicant has the burden of proof.3.3.2 The Standards Board may permit the applicant to present opening and closing statements.3.3.3 The Standards Board may take testimony, hear proof, and receive exhibits into evidence at a hearing. 3.3.3.1 Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.3.3.3.2 The Standards Board may exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence and limit unduly repetitive proof, rebuttal, and cross-examination in accordance with 29 Del.C. § 10125 (b).3.3.4 Testimony shall be under oath or affirmation. The Standards Board may administer oaths to witnesses.3.3.5 Any person who testifies as a witness shall also be subject to questions by the Standards Board.3.3.6 Any document introduced into evidence at the hearing shall be marked by the Standards Board and shall be made a part of the record of the hearing.3.4 Post-hearing Rules and Procedures 3.4.1 The Standards Board may direct an applicant to submit a post-hearing brief. Post-hearing briefs shall be filed as directed by the Standards Board.3.4.2 If the Standards Board has designated a hearing officer, the hearing officer shall prepare a proposed order in accordance with 29 Del.C. § 10126.3.4.3 The applicant shall have 20 calendar days from the date the proposed order is delivered to the applicant to submit in writing to the Standards Board any exceptions, comments, and arguments respecting the proposed order.3.4.4 The Standards Board shall consider the entire record of the case, the hearing officer's proposed order, and any written exceptions, comments, and arguments thereto in reaching its final decision. The Standards Board's decision shall be incorporated in a final order which is signed and mailed to the applicant.14 Del. Admin. Code § 1515-3.0
22 DE Reg. 489 (12/1/2018)
23 DE Reg. 764 (3/1/2020) (Final)