(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of this chapter, 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 conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

Terms Used In Delaware Code Title 24 Sec. 705

  • 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.
  • 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.

(b) All hearings shall be informal without use of the 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 shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the complainant, and to the practitioner. The Board’s decision shall become effective on the thirtieth day after the date it is mailed or served on the practitioner.

(c) Where either the complainant or the practitioner is in disagreement with the action of the Board, either person may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the Board’s decision. Upon such appeal, the Court shall hear the evidence on the record, and any stay of the Board’s decision shall be granted according to the Administrative Procedures Act [Chapter 101 of Title 29].

64 Del. Laws, c. 413, § 3; 65 Del. Laws, c. 331, §§ 4-6; 70 Del. Laws, c. 135, §§ 1, 2; 70 Del. Laws, c. 514, § 9.;