Delaware Code Title 24 Sec. 2314 – Disciplinary proceedings; appeal
(a) Grounds. —
Terms Used In Delaware Code Title 24 Sec. 2314
- 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.
- Director: shall mean the officer in charge of the Professional Licensing Section of the Division. See Delaware Code Title 24 Sec. 2301
- 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.
- Pawnbroker: means any person, company, corporation, or member or members of a partnership or firm who:
- Scrap metal processor: means any person, company, corporation, or member or members of a partnership or firm engaged in the business of selling or receiving any worn out or discarded metal, old iron, used plumbing fixtures, other metals, automobiles, automobile parts, chain, copper, lead, brass, or other parts of machinery. See Delaware Code Title 24 Sec. 2301
- secondhand dealer: includes any individual engaged in the business of receiving tangible personal property by means of an automated kiosk. See Delaware Code Title 24 Sec. 2301
- Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 2301
- Superintendent: shall mean the Superintendent of the Division. See Delaware Code Title 24 Sec. 2301
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Subject to the provisions of this chapter, the Director, pursuant to the authority of the Secretary may impose any of the following sanctions (subsection (b) of this section) singly or in combination when it finds a licensee is guilty of any offense described herein:
(1) Conducting a pawnbroker, secondhand dealer or scrap metal processor without a license; or
(2) Failure to comply with electronic reporting requirements pursuant to § 2302 of this title; or
(3) Failure to comply with holding period requirements pursuant to § 2304 of this title; or
(4) Obtaining criminal charges or convictions pursuant to § 2311 of this title; or
(5) Failure to comply with inspection requests pursuant to § 2305 of this title; or
(6) Failure to notify the local law-enforcement agency upon suspicion of stolen goods pursuant to § 2306 of this title; or
(7) Violating prohibited transactions pursuant to § 2307 of this title; or
(8) Submitting false or fraudulent information material to any application for a license; or
(9) Violating any provision of this chapter or any rule or regulation promulgated by the Secretary.
(b) Disciplinary sanctions. —
(1) Permanently revoke a license.
(2) Suspend a license.
(3) Issue a letter of reprimand.
(4) Refuse to issue a license.
(5) Refuse to renew a license.
(6) Issue an emergency suspension
(7) Or otherwise discipline.
(c) Procedure. —
(1) After receipt of written notice from the Section of the denial, suspension, emergency suspension or revocation of a license, the applicant or license holder shall be afforded a hearing before the Superintendent or the Superintendent’s designee.
(2) The accused may be represented by counsel who shall have the right of examination and cross examination.
(3) Testimony before the Superintendent 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 Superintendent shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Superintendent may refuse to issue, or revoke or suspend a license, or otherwise discipline an individual. A suspended license may be reissued by the Section at the direction of the Superintendent.
(d) All decisions of the Superintendent shall be final and conclusive. Where the applicant or licensee is in disagreement with the action of the Superintendent, the practitioner may appeal the Superintendent’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).
(e) All decisions of the Secretary shall be final and conclusive. Where the applicant or licensee is in disagreement with the action of the Secretary, the practitioner may appeal the decision to the Superior Court.
(1) An appeal pursuant to this section must be filed within 30 days of service or the postmarked date of the copy of the written decision and order of the Secretary is mailed.
(2) An appeal pursuant to this section is on the record without a trial de novo.
(3) The Secretary’s decision to deny, revoke, suspend or otherwise restrict a person’s license is not stayed upon appeal unless so ordered by the Superior Court.
81 Del. Laws, c. 102, § 7; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 425, § 17;