Delaware § 1329 - Disciplinary proceedings; appeal.

§ 1329. Disciplinary proceedings; appeal.

(a) Grounds. —

Subject to the provisions of this chapter, the Director pursuant to the authority of the Board may impose any of the following sanctions (subsection (b) of this section) singly or in combination when it finds a licensee or identification card holder is guilty of any offense described herein:

(1) Acting as a security guard, armored car guard or private investigator without an identification card; or

(2) Operating a private security agency, private investigative agency, or armored car agency without a license; or

(3) Failure to comply with firearms or projectile weapons requirements pursuant to § 1321 of this title; or

(4) Obtaining criminal charges or convictions pursuant to § 1314, § 1315, § 1316, § 1317, § 1318, § 1319, or § 1320 of this title; or

(5) Failure to comply with inspection and subpoena requests pursuant to § 1307 of this title; or

(6) Failure to notify the Professional Licensing Section of any arrests; or

(7) Failure to keep identification card, badge or shield on your person while in the performance of your specific duties; or

(8) Failing to surrender a suspended or revoked license, or identification card; or

(9) Submitting false or fraudulent information material to any application for a license or identification card; or

(10) Failure to abide by the Board’s firearms or projectile weapons certification and recertification training requirements; or

(11) Using a firearms or projectile weapons instructor that has not been approved by the Board; or

(12) Violating any provision of this chapter or any rule or regulation promulgated by the Board.

(b) Disciplinary sanctions. —

(1) Permanently revoke a license, or identification card;

(2) Suspend a license or identification card;

(3) Issue a letter of reprimand;

(4) Refuse to issue a license, or identification card;

(5) Refuse to renew a license, or identification card;

(6) Issue an emergency suspension;

(7) Or otherwise discipline.

(c) Procedure. —

(1) After receipt of written notice from the Section of the Director’s denial, suspension, emergency suspension, or revocation of a license or identification card, the applicant or licensee shall be afforded a hearing before the Board.

(2) The accused may be represented by counsel who shall have the right of examination and cross examination.

(3) Testimony before the Board shall be under oath.

(4) A record of the hearing shall be made. At the request and expense of any party such record shall be transcribed with a copy to the other party.

(5) The decision of the Board shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Board may refuse to issue, or revoke or suspend a license or identification card, or otherwise discipline an individual. A suspended license or identification card may be reissued by Professional Licensing Section at the direction of the Board.

(d) All decisions of the Board shall be final and conclusive. Where the applicant, licensee or identification card holder is in disagreement with the action of the Board, the individual may appeal the Board’s decision to the Secretary within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act, subchapter V of Chapter 101 of Title 29 (§ 10141 et seq. of Title 29).

24 Del. C. 1953, §  1302;  50 Del. Laws, c. 301, §  1;  69 Del. Laws, c. 285, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 372, §  1;  81 Del. Laws, c. 99, § 26;  81 Del. Laws, c. 425, §§   11, 12;  84 Del. Laws, c. 525, § 47;