Delaware § 8518 - Hearings.

§ 8518. Hearings.

(a) Any applicant for a certificate of approval or agency permit or for the renewal of a certificate of approval or agency permit who is refused issue of that certificate or permit or its renewal may request a hearing before the Secretary. In addition, any certificate or permit holder is entitled to a hearing before the Secretary to challenge a revocation for cause pursuant to § 8516 of this title.

(b) Whenever the Department proposes to refuse to issue or renew a certificate or permit, or to revoke a certificate or permit, it shall first give notice to the applicant or certificate or permit holder of the intended action and the reasons therefore. The applicant or certificate or permit holder shall be afforded at least 20 calendar days to request a hearing.

(c) Hearings shall be held within 90 calendar days of the date the Secretary receives a request for hearing. Notice of the hearing shall be given at least 20 calendar days before the day it is held.

(d) All hearings shall be conducted by the Secretary or the Secretary’s designee who shall prepare a proposed order for the Secretary’s consideration. In connection with such hearings, the Secretary or the Secretary’s designee shall be empowered to:

(1) Issue subpoenas for witnesses and the production of relevant books and papers, either on the Secretary’s or the Secretary’s designee’s own initiative or at the request of any party; failure of any person without adequate excuse to obey a subpoena shall be punishable according to the rules of the Superior Court;

(2) Administer oaths to witnesses;

(3) Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence; and

(4) Limit unduly repetitive proof, rebuttal and cross-examination.

(e) Burden of proof shall be upon the applicant or proponent.

(f) A record from which a verbatim transcript can be prepared shall be made of all hearings in all contested cases. Transcripts shall be made at the request and expense of the requesting party. With respect to each case, all notices, correspondence between the Department and the parties, all exhibits, documents and testimony admitted into evidence and all recommended orders, summaries of evidence and findings and all interlocutory and final orders shall be included in the record of the proceedings.

(g) The Secretary’s decision shall include:

(1) A brief summary of the evidence before the Secretary and the Secretary’ findings of fact;

(2) The Secretary’s conclusions of law; and

(3) The Secretary’s decision and a brief statement of the reasons therefore.

(h) Upon the revocation of a certificate or permit, the holder shall be required to surrender such certificate or permit to the Department and upon failure or refusal to do so, the Department shall have the right to seize such certificate or permit.

14 Del. C. 1953, §  8518;  58 Del. Laws, c. 544;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  190;  75 Del. Laws, c. 122, §  4;