3 Del. Admin. Code § 1202-5.0

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

Section 1202-5.0 - Hearings

5.1 A hearing shall be held on any complaint if it is requested by an interested party or the Commission determines in its sole discretion to hold a hearing.

5.2 Requests for a hearing may be made at any time before the Commission authorizes a disposition of the case without a hearing.

5.3 Any request for a hearing shall be in writing, unless made at the Commission meeting at which the case disposition is considered, and shall include a statement of how the person requesting the hearing may be affected by the resolution of the case.

5.4 The Commission shall send not less than 10 days written notice of any hearing to the alleged violator(s) and any other person who has requested notification.

5.5 All hearings shall be conducted by the Commission. Interested persons shall be provided an opportunity to present relevant evidence that is not unduly repetitive. Formal rules of evidence need not be observed within the discretion of the Commission.

5.6 A record of the hearing shall be kept by the Commission until all appeal periods are exhausted and shall include all the evidence presented to the Commission.

5.7 The Commission's decision shall recite:

5.7.1 its findings of fact;

5.7.2 the manner in which the Commission construed the law and applied it to the facts;

5.7.3 any remunerative action a violator must take or has taken;

5.7.4 any fine a violator must pay pursuant to Department regulations and a reference to the applicable regulations; and

5.7.5 any revocation, suspension or modification to any certificate that has occurred.

5.8 Any decision of the Commission made pursuant to PART E shall be final and conclusive unless a party to such hearing shall appeal the decision within 15 days of receipt of notice thereof.

3 Del. Admin. Code § 1202-5.0