Delaware § 3310 - Hearings.

§ 3310. Hearings.

(a) If a transporter timely requests a hearing to contest any proposal to suspend or revoke a license, to deny an original or renewal application for a license, or to extend any period of suspension or other time period established under this chapter, the Division must provide the requested hearing.

(b) The Division must provide notice of the time, date, and location of the hearing at least 30 days in advance of the hearing.

(c) At any hearing under this section, the transporter has the right to be heard personally, by counsel, or by other representative.

(d) Prior to a hearing under this section, the Director may initiate investigations, appoint a hearing officer, and subpoena witnesses.

(e) A hearing officer may make findings of fact and issue recommendations to the Division. If the findings of fact support the proposed action, the Director may issue a decision taking the proposed action.

(f) In considering whether or not to suspend or revoke a license, deny an original or renewal application, or extend any time periods under this section, the Director must consider the following facts:

(1) The nature of the violation or violations and, if appropriate, the willingness and ability of the transporter to make restitution to any party harmed by the actions of the transporter.

(2) The effect of the proposed action on the parties involved.

(g) Following a hearing and after considering all relevant facts or if a timely hearing request is not received after issuing the notice of intent under § 3308 or § 3309 of this title, the Director must issue a written decision to all parties involved. A copy of the decision must be provided to the transporter in the same manner as the notice of intent to revoke or suspend the license or deny the original or renewal application under § 3308 of this title.

(h) A final decision of the Director may be appealed to the Superior Court. The notice of appeal must be filed within 30 days of the earlier of the date the applicant or licensee receives the decision or the Division receives the return receipt.

84 Del. Laws, c. 302, § 3;