Delaware Code Title 24 Sec. 1329 – Disciplinary proceedings; appeal
(a) Grounds. —
Terms Used In Delaware Code Title 24 Sec. 1329
- 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.
- Armored car agency: shall mean any person that provides armed secured transportation and protection from 1 place or point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry, negotiables or other valuables in a specially-equipped motor vehicle. See Delaware Code Title 24 Sec. 1302
- Armored car guard: shall mean an individual employed by an armored car agency to perform duties as described under the definition of armored car agency. See Delaware Code Title 24 Sec. 1302
- Board: shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies. See Delaware Code Title 24 Sec. 1302
- Director: shall mean the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police. See Delaware Code Title 24 Sec. 1302
- 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.
- License: shall mean a method of regulation whereby businesses, sole proprietors, partnerships for a private security agency, private investigative agency, or armored car agency are required to be licensed by the Board. See Delaware Code Title 24 Sec. 1302
- Person: shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. See Delaware Code Title 24 Sec. 1302
- Private investigative agency: means any person who engages in the business or accepts employment to obtain or furnish information or to conduct investigations with reference to:
- Private investigator: shall mean an individual employed by a private investigative agency (even as a sole proprietor) to perform 1 or more duties as described under the definition of "private investigative agency. See Delaware Code Title 24 Sec. 1302
- Private security agency: shall mean any person engaging in the business of or undertaking to provide a private watchperson, guard or street patrol service on a contractual basis for another person and performing any 1 or more of the following or similar functions:
- Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 1302
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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 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 certification and recertification training requirements; or
(11) Using a firearms 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;