16 Del. Admin. Code § 102-8.0

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

Section 102-8.0 - Procedures to Contest a Violation

8.1 A security system user may request an administrative hearing in accordance with 24Del.C.§ 1229(c) to rebut the presumption that the alarm(s) were false pursuant to 24Del.C.§ 1222(7).

8.2 A security system user electing to contest the violation must request an administrative hearing in writing to the entity and address specified in the Notice of Violation within 30 days the date the Notice of Violation was sent to the security system user.

8.3 If the request for an administrative hearing is not made within 30 days from the date the Notice of Violation was sent to the security system user, the security system user waives his or her right to contest the violation.

8.4 An administrative hearing shall be held by the third party vendor or entity as designated by the security system administrator within 30 days from the receipt of a request for an administrative hearing from the security system user.

8.5 The third party vendor or entity so designated by the security system administrator shall issue a decision as soon as practicable, but no later than 30 days from the date of the administrative hearing.

8.6 A security system user may request an appeal of the decision of the initial hearing to the security system administrator within 15 days from the date the decision has been sent to the security system user. The security system user shall also send a copy of his or her request for a second hearing to the entity so designated on the Notice of Violation.

8.7 A second hearing shall be held by the security system administrator within 15 days from the date the request for a second hearing has been sent to the security system administrator.

8.8 Appeal of the Final Administrative Decision.

8.8.1 Either party may elect to appeal the final administrative decision to the Justice of the Peace Court, which shall have exclusive jurisdiction.

8.8.2 An appeal of the final administrative decision must be made in writing to the Justice of the Peace court within 30 days from the date of the administrative decision.

8.8.3 A security system user electing to file an appeal to the Justice of the Peace court shall also file a copy of his or her appeal of the final administrative decision to the entity and address noted on the Notice of Violation within 30 days from the date of the administrative decision.

8.8.4 An appeal to the Justice of the Peace court shall be the final right of appeal.

16 Del. Admin. Code § 102-8.0