Delaware Code Title 11 Sec. 8404A – Hearings
In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:
(1) The Chairperson shall select 3 members of the Council to comprise a board which will hear evidence on the allegation (hereinafter “board”).
(2) Upon conclusion of the hearing provided for in this section, the board shall submit its findings and recommendation to the full Council in writing for consideration and vote.
(3) The ultimate findings of the Council shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Council shall become final upon expiration of said appeal deadline.
(4) All hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
Terms Used In Delaware Code Title 11 Sec. 8404A
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Council: means the Council on Police Training. See Delaware Code Title 11 Sec. 8401
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.