Delaware Code Title 24 Sec. 2018 – Hearing procedures
(a) If a complaint alleging violation of § 2015 of this title is filed with the Board under § 8735 of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
Terms Used In Delaware Code Title 24 Sec. 2018
- 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.
- Board: means the Board of Occupational Therapy Practice established in this chapter. See Delaware Code Title 24 Sec. 2002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
(b) All hearings are informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision must be in writing and include the Board’s reasons for the decision. The Board’s decision must be mailed immediately to the licensee.
(c) If the licensee is in disagreement with the Board’s action, the licensee may appeal the Board’s decision to the Superior Court within 30 days of service of the Board’s decision or the postmarked date of the copy of the decision mailed to the licensee. Upon an appeal, the Court shall hear the evidence on the record. The Court may grant a stay in accordance with § 10144 of Title 29.
65 Del. Laws, c. 172, § ?1; 65 Del. Laws, c. 355, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 293, § ?1; 81 Del. Laws, c. 424, § 18;