2 Del. Admin. Code § 2226-16.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 2226-16.0 - Hearings16.1 The Division will provide prior notice to any TPTO or ST of an intent to suspend, revoke, deny, refuse renewal, cancel, or decertify a license or certification as the result of a complaint or for any other reason per this regulation.16.2 The written notice will be provided by certified mail, email with receipt, or other delivery service with receipt and shall inform the TPTO or ST of the following:16.2.1 The Division's proposed action against the TPTO or ST;16.2.2 The nature of the complaint or finding and the law or regulation allegedly violated by the TPTO or ST;16.2.3 The citation of the law or regulation giving the Division the authority to act;16.2.4 The right to request a hearing to dispute the complaint. The hearing must be requested within 10 days from the date that the TPTO or ST received the notice or the Division received the return receipt for delivery of the notice, whichever date is earlier; and16.2.5 The right of the TPTO or ST to present evidence, to be represented by counsel, and to appear personally or by other representative at the hearing.16.3 If the TPTO or ST requests a hearing, one will be scheduled by the Division with a minimum notice of 10 business days.16.3 The Division Director, or the Director's designee, may initiate investigations, appoint a hearing officer, or subpoena witnesses.16.4 The Director, or the Director's designee, may postpone or continue any hearing for any reason.16.5 The TPTO or ST may request up to 2 continuances of the hearing upon written application to the Division for good cause shown.16.6 The granting or denying of a request for continuance made by the TPTO or ST shall be in the sole discretion of the Division.16.7 Any intended suspension, revocation, decertification, or license removal by the Division will not be implemented until after the Director, or the Director's designee, has rendered a decision and provided written notice to all parties of that decision by certified mail, email with receipt, or other delivery service with receipt.16.8 After the hearing, the Director, or the Director's designee, shall consider the nature of the violation or violations, the TPTO's or ST's willingness to make restitution to all parties harmed by the actions and the effect of the proposed action on the community.16.9 TPTOs must return licenses and any other program documents to the Division within 10 business days of the cessation of business.2 Del. Admin. Code § 2226-16.0
27 DE Reg. 191 (9/1/2023) (Final)