6 Del. Admin. Code § 200-B-265

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

Section 200-B-265 - Procedure After Issuance of Summary Order

(a) Notice. Any person who is the subject of a summary order shall promptly be given notice of that order and of the reasons therefor. Notice shall be given by means reasonably calculated to give actual notice of issuance of the order, including telephone notification and service of the order pursuant to Rule 210. Such notice shall include notification that the subject of the order may request a hearing and that if such a request is made in writing the hearing shall be scheduled within 15 days from the date the written request is received.

(b) Request for hearing. Any person who is the subject of a summary order may request a hearing before a Presiding Officer on an application to set aside, limit or suspend the summary order. The request for hearing is to be filed with the Director and served on the Unit within 25 days of service of the notice of the order. If a hearing is requested, a Presiding Officer will be selected in accordance with the procedures set forth in Rule 225A.

(c) Procedure at hearing. The procedure at a hearing on a summary order shall be determined by the Presiding Officer, with the understanding that each party shall be entitled to be heard in person or through counsel. The Presiding Officer shall rule on the admissibility of evidence and other matters, including, but not limited to: whether oral testimony will be heard; the time allowed each party for the submission of evidence or argument; and whether post-hearing submission of briefs and/or proposed findings of fact and conclusions of law will be permitted and if so, the procedures for submissions.

(d) Final Decision After Hearing - Delegated Powers.In any hearing on a summary order in which the delegation to the Presiding Officer to issue an order under Rule 202(a) has not been revoked:

(1) After hearing evidence pursuant to subsection (c) of this Rule, the Presiding Officer shall, within fifteen (15) days of the hearing, issue a final written decision, which shall be filed with the Director and served upon the parties, containing:

(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) Relief, if any.

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

(e) Final Decision After Hearing - Revoked Powers. In any hearing on a summary order in which the delegation to the Presiding Officer to issue an order under Rule 202(a) has been revoked:

(1) After hearing evidence pursuant to subsection (c) of this Rule, the Presiding Officer shall, within fifteen days of the hearing, 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 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 forthwith 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 ten 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, no later than forty five days from the end of the hearing, issue a final decision in the matter.

(f) Duration. Unless set aside, limited or suspended, either by the Director or a court of competent jurisdiction, a summary order shall remain in effect until the completion of the proceedings on whether a permanent order shall be entered or, if no such proceedings occur, until otherwise modified or vacated by the Director.

6 Del. Admin. Code § 200-B-265

1 DE Reg. 1978 (6/1/98)
13 DE Reg. 667 (11/01/09)
14 DE Reg. 664 (01/01/11)
18 DE Reg. 394 (11/1/2014) (Final)