Delaware Code Title 24 Sec. 1619 – Hearings
(a) The Commission shall not suspend or revoke any license under this chapter except after a hearing where the licensee has been given at least 20 days’ notice in writing, specifying the reason or reasons for such suspension or revocation and a date of the hearing.
Terms Used In Delaware Code Title 24 Sec. 1619
- 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.
- Applicant: shall mean the person in whose name or on whose behalf a license under this chapter is requested. See Delaware Code Title 24 Sec. 1602
- Commission: shall mean the Commission on Adult Entertainment Establishments. See Delaware Code Title 24 Sec. 1602
- 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.
- Licensee: shall mean the person to whom and in whose name a license is issued under this chapter. See Delaware Code Title 24 Sec. 1602
- Person: means a human being who has been born and is alive, and, where appropriate, a public or private corporation, an unincorporated association, a government or a governmental instrumentality. See Delaware Code Title 24 Sec. 1602
(b) Any hearing pursuant to this section shall be at such time and place as the Commission shall prescribe, but no later than 20 days after the Commission is in receipt of a completed application or 20 days after a licensee has received notice of a proposed suspension or revocation action. Failure of the person or persons to appear after receiving notice shall constitute a waiver of the right to appear in such hearing.
(c) Hearings shall be before a panel of no less than 3 Commissioners and the applicant or licensee shall be permitted the assistance of counsel at the applicant’s or licensee’s own expense, to present witnesses in the applicant’s or licensee’s own behalf and to cross-examine witnesses against the applicant or licensee. The proceedings shall be recorded either electronically or stenographically. The Commission shall make specific findings of fact based upon a preponderance of the evidence upon the concurring vote of no fewer than 3 Commissioners. The Commission shall give written notice, accompanied by its findings of fact and conclusions of law, of its action within 10 days of said hearing.
(d) The applicant or licensee shall have the right of appeal to the Superior Court upon filing notice of appeal within 20 days of the decision of the Commission. Such review shall be on the record and shall not be de novo, and the cost of transportation shall be borne by the appellant.
61 Del. Laws, c. 122, § ?1; 62 Del. Laws, c. 413, § ?20; 70 Del. Laws, c. 186, § ?1; 77 Del. Laws, c. 168, § ?16;