6 Del. Admin. Code § 200-B-249

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

Section 200-B-249 - Record of Hearings

(a) Contents of the record. The record shall consist of:

(1) The complaint and answers thereto; the notice of hearing; and any amendments to those documents;

(2) Each application, motion, submission or other paper, and any amendments, motions, objections, and exceptions to or regarding them;

(3) Each stipulation, transcript of testimony and document or other item admitted into evidence;

(4) With respect to a request to disqualify a Presiding Officer or to allow the Presiding Officer's withdrawal under Rule 204, each affidavit or transcript of testimony taken and the decision made in connection with the request;

(5) All proposed findings and conclusions;

(6) Each written order issued by the Presiding Officer; and

(7) Any other document or item accepted into the record by the Presiding Officer.

(b) Retention of documents not admitted. Any document offered in evidence but excluded, and any document marked for identification but not offered as an exhibit, shall not be considered a part of the record but shall be retained until the later of the date upon which an order ending the proceeding becomes final, or the conclusion of any judicial review of the Director's or Presiding Officer's order.

(c) Substitution of copies. A true copy of a document may be substituted for any document in the record or any document retained pursuant to paragraph (b) of this section.

6 Del. Admin. Code § 200-B-249

13 DE Reg. 667 (11/01/09)
18 DE Reg. 394 (11/1/2014) (Final)