Delaware Code Title 24 Sec. 3012 – Hearing procedures
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging a violation of § 3009 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
Terms Used In Delaware Code Title 24 Sec. 3012
- 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 Mental Health and Chemical Dependency Professionals. See Delaware Code Title 24 Sec. 3002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Professional Regulation of the State of Delaware. See Delaware Code Title 24 Sec. 3002
- 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.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) All hearings shall be informal, without use of rules of evidence. If the Board finds, by a majority vote of all Board members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for the decision. The decision shall be mailed immediately to the licensee.
(c) A licensee may appeal the Board’s decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to the licensee. The appeal shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. A stay may be granted in accordance with that act.
(d) All decisions of the Board regarding suspension or revocation of a license shall be made public by the Division in a news release to major media outlets in this State. The release may include any information deemed public under the Delaware Freedom of Information Act, Chapter 100 of Title 29, and shall include a telephone contact number for the Division for further information.
66 Del. Laws, c. 128, § ?1; 68 Del. Laws, c. 52, § ?1; 72 Del. Laws, c. 267, § ?1; 75 Del. Laws, c. 83, § ?1;