6 Del. Admin. Code § 200-B-251

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

Section 200-B-251 - Final Decision After a Hearing

(a) In any administrative proceeding in which a hearing is held and in which the delegation to the Presiding Officer to issue an order under Rule 202(a) has not been revoked:

(1) The Presiding Officer shall issue a final written decision, which shall be filed with the Director and served upon the parties. Such decisions should generally be issued within 60 days after the last day of the hearing or the filing of any post-hearing submission, whichever is later. The decision shall include:

(A) a summary of the evidence;

(B) findings of fact and the evidentiary bases therefor;

(C) conclusions of law and the legal bases therefor; and

(D) sanctions or relief, if any.

(2) The Presiding Officer may order any remedy authorized under the Act.

(3) Upon the filing of his or her decision, the Presiding Officer shall certify the administrative record and submit the record to the Director.

(b) In any administrative proceeding in which a hearing is held and in which the delegation to the Presiding Officer to issue an order under Rule 202(a) has been revoked:

(1) The Presiding Officer shall file with the Director and serve upon the parties a proposed decision containing:

(A) a summary of the evidence;

(B) proposed findings of fact and the evidentiary bases therefor;

(C) proposed conclusions of law and the legal bases therefor; and

(D) proposed sanctions or relief, if any.

(2) Upon the filing of his or her proposed decision, the Presiding Officer shall certify the administrative record and submit the record to the Director, who shall, at that time, have exclusive jurisdiction over the proceeding.

(3) Upon receipt of the record and the Presiding Officer's proposed decision, the Director shall give notice to the parties of receipt of the record and proposed decision and afford the parties, including the Unit, the opportunity to submit, within thirty (30) days of the Director's receipt of the record and proposed decision, exceptions to the proposed decision.

(4) After review of the record, the Presiding Officer's proposed decision, and the parties' exceptions (if any), the Director shall issue a final decision in the matter.

6 Del. Admin. Code § 200-B-251

13 DE Reg. 667 (11/01/09)
18 DE Reg. 394 (11/1/2014)
22 DE Reg. 609 (1/1/2019) (Final)