2 Del. Admin. Code § 2287-9.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2287-9.0 - Hearings

9.1 The OPC may hold a hearing if:

9.1.1 An applicant or existing Certified public carrier appeals a decision rendered by the OPC in accord with Section 8.0.

9.1.2 A public carrier objects to the OPC's imposition of any fine or penalty in accord with this Act.

9.1.3 The party requesting the appeal has complied with all terms and conditions set forth in this Act.

9.2 Hearing Procedure

9.2.1 The OPC shall appoint a hearing officer who will conduct the hearing. The hearing officer will have the authority to administer oaths, set the hearing location, set the manner in which evidence and testimony will be provided at the hearing, examine witnesses and receive evidence.

9.2.2 The OPC will set the date, time and place of the hearing. A party to the hearing may propose alternate dates, times and locations for the hearing but the final determination shall rest with the hearing officer.

9.2.3 Hearings shall be held within 30 days of the OPC's receipt of a request for a hearing that complies with this Act, unless all parties to the hearing mutually agree to extend the time in which the hearing may be held.

9.2.4 Hearing adjournments are at the sole discretion of the hearing officer. A party may request a hearing adjournment. Any request for an adjournment must be in writing and contain the reason(s) the adjournment is being requested. The hearing officer may request supporting documentation from the party requesting the adjournment.

9.3 All parties to the hearing may submit a brief summarizing their position and relief sought. The briefs shall be in writing and be submitted to the hearing officer no less than 1 week before the hearing date. The parties to the hearing must provide each party their brief no less than 1 week before the hearing date.

9.4 Any party may retain a court reporter to create a record of the hearing. The cost of the reporter shall be borne by the party securing the reporter. At the completion of the hearing, transcripts of the hearing shall be provided to the hearing officer and all parties participating in the hearing, no less than 2 weeks after the close of the hearing by the hearing officer. If more than one party retains a court reporter and the parties cannot agree as to which transcript will be the official transcript of the hearing, the hearing officer shall determine which court reporter will be the official record keeper prior to the start of the hearing.

9.5 If a court reporter is not retained by any party the hearing officer's notes and submitted evidence and testimony shall be the basis for the hearing officer's determination.

9.6 Presentation of evidence at the hearing shall be accomplished as follows:

9.6.1 The hearing officer shall set the order in which testimony and evidence shall be presented.

9.6.2 Any party to the hearing may appear and be heard in person or by an attorney at law in good standing in the State of Delaware. A corporation or association may be represented by a bona fide officer thereof.

9.6.3 Persons claiming the hearing may have a direct effect on them or their business, and their interests are not adequately represented by the parties to the hearing, may request to intervene in the hearing. A request to intervene must be submitted in writing to the hearing officer no less than 10 days prior to the hearing date. The request must contain the name, address, email address and telephone number of the intervenor. The request to intervene must clearly state the reason(s) upon which the intervention is being requested. The intervention request will be provided to all parties to the hearing for comment. Any comments to a request to intervene shall be submitted in writing to the hearing officer no less than 3 days from the receipt of the notice to intervene as transmitted by the OPC. The hearing officer shall have sole discretion as to allow the intervention.

9.6.4 At the hearing, all parties to the hearing shall enter their appearance for the record before any evidence or testimony is received by the hearing officer.

9.6.5 Witnesses may be examined at the hearing in accord with the process set by the hearing officer. The hearing officer may also examine a witness.

9.6.6 Any party present at the hearing who becomes disruptive may, at the direction of the hearing officer, be barred and removed from the hearing until such time the hearing officer allows the party to return.

9.7 Conclusion of Hearings

9.7.1 The hearing officer will close the hearing upon the hearing officer's determination that sufficient evidence and testimony has been received upon which an informed decision can be rendered.

9.7.2 The hearing officer, at the close of the hearing, will invite the parties to submit a concluding brief which is to be submitted no more than 7 days after the conclusion of the hearing. The submission of a concluding brief is at the discretion of each party.

9.7.3 The hearing will be declared closed the day after concluding briefs are to be submitted.

9.7.4 The hearing officer will render a written decision within 30 days of the date the hearing was declared closed. The hearing officer's decision will be effective the date it is signed by the hearing officer.

9.8 Nothing in this section shall preclude a party from seeking relief from the Delaware Courts after a final decision is rendered by the OPC's hearing officer. The hearing officer's written decision is a condition precedent to requesting relief from the Delaware Courts.

2 Del. Admin. Code § 2287-9.0

22 DE Reg. 1030 (6/1/2019) (final)