Statutes, codes, and regulations
Delaware Administrative Code
Title 6 - Attorney General's OfficeFraud and Consumer Protection DivisionInvestor Protection UnitRules Pursuant to the Delaware Securities ActPart B - Practice and Procedure in Administrative Hearings General Rules
Pleadings and Prehearing Practice
Section 200-B-225A - Appointment of a Presiding Officer

6 Del. Admin. Code § 200-B-225A

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 200-B-225A - Appointment of a Presiding Officer
(a) The Director shall maintain a Register of Presiding Officers listing persons who may, upon designation, act as Presiding Officers in proceedings brought by the Unit under the Act. Persons eligible for listing on the Register of Presiding Officers shall include any Deputy Attorney General (other than a Deputy Attorney General assigned to the Investor Protection Unit) and any other attorney admitted to practice law in the State of Delaware. Any person's listing on the Register of Presiding Officers shall be subject to the approval of the Attorney General (or his or her designee).
(b) Preference shall be given to Presiding Officers with experience practicing securities law, or those with an academic background in securities law.
(c) Upon receipt of a notice from the Director that a complaint has been filed, the Attorney General (or his or her designee) shall issue an Order delegating the responsibility for conducting the hearing (including, where relevant, the powers in Rule 202(a)) to a Presiding Officer selected by the Attorney General (or his or her designee) from the Register of Presiding Officers. The Order shall grant to the Presiding Officer all powers that are reasonably necessary to adjudicate the matter before him or her, provided, however, that the Presiding Officer's powers shall not include any power that these Rules specifically limit to the Attorney General or the Director.
(d) Notwithstanding the foregoing or anything in Rule 265(b), the Director may elect to be the Presiding Officer in any particular proceeding by providing notice to the Attorney General (or his or her designee) and each of the parties in the proceeding that the Director shall act as Presiding Officer in the proceeding. In such event, all references to a "Presiding Officer" in these Rules shall be treated as a reference to the Director, as the context may require.
(e) Part B of these Rules (Rules 200-272) shall govern all proceedings by and before the Presiding Officer.

6 Del. Admin. Code § 200-B-225A

18 DE Reg. 394 (11/1/2014) (Final)