16 Del. Admin. Code § 4463-11.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4463-11.0 - Disciplinary Procedures

11.1 Grounds for Discipline. An applicant or licensee may be subject to disciplinary sanctions if the applicant or licensed operator has:

11.1.1 Acted fraudulently or with material deception in order to be certified;

11.1.2 Engaged in illegal, incompetent or negligent conduct in the provision of water system operation;

11.1.3 As an operator or otherwise, in the practice of his or her profession, engaged in an act of consumer fraud or deception, or engaged in the restraint of competition, or participated in price-fixing activities; or

11.1.4 Violated a lawful provision of these regulations.

11.2 Disciplinary Sanctions. Persons regulated under this Section who have been determined to be in violation of these regulations may be subject to one or more of the following disciplinary actions:

11.2.1 Issuance of a letter of reprimand;

11.2.2 Placement on probationary status;

11.2.3 Imposition of a fine not to exceed $1,000 for each offense;

11.2.4 Suspension of license; or

11.2.5 Revocation of license.

11.3 Disciplinary Procedures

11.3.1 The Advisory Council may, upon sworn complaint or upon its own initiative, conduct an investigation to determine whether a licensee has engaged in any activity requiring disciplinary action.

11.3.2 Upon completion of the investigation, the Advisory Council shall forward a copy of the investigation report along with its recommendation to the Secretary.

11.3.2.1 The Secretary shall set the time and place for the hearing.

11.3.3 The Secretary shall cause a copy of the charges, together with a notice of the time and place set for the hearing, to be served on the alleged licensee 30 days before the date of the hearing.

11.3.3.1 In cases where the licensee cannot be located or where personal service cannot be affected, substitute service shall be affected in the same manner as with civil litigation.

11.3.4 In all proceedings herein:

11.3.4.1 The licensee may be represented by counsel who shall have the right of examination and cross-examination.

11.3.4.2 The licensee and the Secretary may subpoena witnesses and admit documentary evidence on their own behalf. Subpoenas shall be issued by the Department upon written request and shall be served as provided by the rules of the Superior Court and shall have like effect as a subpoena issued by said Court.

11.3.4.3 Testimony before the Secretary shall be under oath. The Secretary shall have power to administer oaths for this purpose.

11.3.4.4 A stenographic record of the hearing shall be made by a qualified court reporter. At the request and expense of any party, such record shall be transcribed with a copy to the other party.

11.3.4.5 The decision of the Secretary shall be based upon sufficient legal evidence.

11.3.4.5.1 If the charges are supported by such evidence, the Secretary may revoke, refuse to issue or suspend a license, or otherwise discipline the licensee.

11.3.4.5.1.1 Upon reaching their conclusion of law and determining an appropriate disciplinary action, if any, the Secretary shall issue a written decision and order in accordance with 29 Del.C. § 10128. The order must restate the factual findings, but need not summarize the evidence presented. However, notwithstanding the provisions of 29 Del.C. § 10128(c), the decision and order may be issued over the signature of only the Secretary. The decision and order must be sent by certified mail with return receipt requested to the licensee with a copy to the Director of the Division of Public Health.

11.3.4.5.2 A suspended license may be reinstated upon further review by the Secretary at the request of the licensee. As a condition of reinstatement of a suspended license, the Agency in consultation with the Advisory Council may impose any condition or conditions including but not limited to a requirement to take an examination. Before reinstating a suspended license, the Secretary shall, without a hearing, make a determination as to whether the licensee has taken the required corrective actions and has satisfied all the conditions imposed pursuant to the suspension. A licensee who disagrees with a determination made by the Secretary may request a hearing before the Secretary. The written request must be made 10 days from the date of the decision.

11.3.4.6 All decisions of the Secretary shall be final and conclusive. Where the licensee is in disagreement with the action of the Secretary, the licensee may appeal the Secretary's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the practitioner. The appeal shall be on the record to the Superior Court and shall be as provided in §§ 10142-10145 of Title 29.

11.4 Reapplication of License after Revocation. An operator that has had a license revoked by the Secretary may submit an application to the Advisory Council for renewal of the license. An application for a license after revocation shall not be submitted for at least one year after the date of revocation.

16 Del. Admin. Code § 4463-11.0

23 DE Reg. 928( 5/1/2020) (final)