14 Del. Admin. Code § 1514-6.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1514-6.0 - Automatic Suspension after Arrest or Indictment

6.1 The Secretary may automatically suspend any license or permit without a prior hearing if the license or permit holder is arrested or indicted by a grand jury for a violent felony as defined in 11 Del.C. § 4201 (c) or for any crime against a child constituting a felony. The suspension is effective on the date of the license or permit holder's arrest or indictment.

6.2 Temporary Order

6.2.1 The Secretary shall issue a written temporary order of suspension to the license or permit holder at his or her last known address.

6.2.1.1 The order of suspension shall remain in effect until the Secretary or the Standards Board, after a hearing, issues a final order.

6.3 Expedited Hearing

6.3.1 A license or permit holder may request an expedited hearing before the Standards Board within 20 calendar days from the date the notice of the Secretary's decision to temporarily suspend the holder's license or permit was mailed. The request shall be mailed by certified mail to the Standards Board's Executive Director.

6.3.2 In the event that the license or permit holder requests an expedited hearing, the Standards Board shall convene a hearing within 90 calendar days of the receipt of such a request.

6.3.3 The order of suspension is temporary pending resolution of the criminal charges. Therefore, an expedited hearing under this subsection shall be limited to whether the license or permit holder had been arrested or indicted for a violent felony or for any crime against a child constituting a felony.

6.4 Revocation after Conviction

6.4.1 If the license or permit holder pleads guilty or Nolo Contendere with respect to, or is convicted of, a violent felony as defined in 11 Del.C. § 4201 (c) or any crime against a child constituting a felony, the Secretary shall proceed with revocation.

6.5 Resolution of Charges without Conviction

6.5.1 If the license or permit holder is found not guilty of the underlying criminal charges, a Nolle Prosequi is entered on the record by the State, or the charges are otherwise dismissed by the Court, the license or permit holder may file a written request for license or permit reinstatement, including documentation of the final status of the judicial proceeding, and his or her license or permit shall be reinstated if still valid.

6.5.2 If the license or permit expired during the period of suspension, the holder of the former license or permit may reapply for the same tier license or type of permit that was suspended but shall meet the license or permit requirements that are in effect at the time of the application.

6.5.3 The Secretary may limit, suspend, or revoke the license or permit for any of the following causes set forth in Section 3.0 of this regulation.

14 Del. Admin. Code § 1514-6.0

12 DE Reg. 1311 (04/01/09)
22 DE Reg. 481 (12/1/2018) (Final)