Delaware General Assembly

CHAPTER 122

FORMERLY

HOUSE BILL NO. 233

Section 1. AMEND § 8511, Chapter 85, Title 14 of Delaware Code by deleting the section in its entirety and replacing in lieu thereof the following:

section in its entirety.

Section 3. AMEND § 8516, Chapter 85, Title 14 of Delaware Code by adding the words “one or” between the words “any” and “combination” as they appear in the first sentence therein.

Section 4. AMEND § 8518, Chapter 85, Title 14 of Delaware Code by deleting the section in it entirety and replacing in lieu thereof the following:

Ҥ 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 his or her designee who shall prepare a proposed order for the Secretary’s consideration. In connection with such hearings, the Secretary or his or her designee shall be empowered to:

(1) Issue subpoenas for witnesses and the production of relevant books and papers, either on his or her 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 his or her 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.”

Section 5. AMEND §8519, Chapter 85, Title 14 of Delaware Code by deleting the second paragraph in its entirety.

Section 6. AMEND §§§ 8520, 8521, and 8522, Chapter 85, Title 14 of Delaware Code by deleting the sections in their entireties.

Section 7. AMEND § 8524(a), Chapter 85, Title 14 of Delaware Code by adding a sentence to the end of the paragraph thereof to read as follows:

“The review shall be on the record without a trial de novo.”

Section 8. This Act shall be effective immediately upon enactment.