6 Del. Admin. Code § 200-B-225

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

Section 200-B-225 - Request for Hearing

(a) Investor Protection Unit Request for Hearing. With the filing of its complaint or at any time later, the Unit may request a hearing. The Unit may request that the hearing be convened within a specified time after the filing of the complaint, but in no event shall that hearing be required to be held earlier than 30 days after service and filing of the complaint other than in summary proceedings under the Act.

(b) Respondent Request for Hearing. With the filing of respondent's answer such respondent may request a hearing. If a respondent requests a hearing, a hearing shall be granted. A respondent who fails to request a hearing with the filing of his or her answer waives the right to a hearing unless the Presiding Officer grants, for good cause shown, a later filed motion by such respondent requesting a hearing.

(c) Presiding Officer Order Requiring Hearing. Any complaint may be set down for a hearing upon order of the Presiding Officer. The Presiding Officer may set a complaint for hearing in the absence of a request for hearing by any party.

(d) Notice of Hearing. The Presiding Officer shall issue a notice stating the date, time and place of the hearing, and shall serve such notice on the parties at least 28 days before the hearing, unless in the discretion of the Presiding Officer, he or she determines that extraordinary circumstances require a shorter notice period, or the parties waive the notice period.

6 Del. Admin. Code § 200-B-225

15 DE Reg. 529 (10/01/11)
18 DE Reg. 394 (11/1/2014) (Final)