Delaware Code Title 29 Sec. 10125 – Conduct of public hearings; burden of proof; record
(a) The hearing may be conducted by the agency or by a subordinate designated for that purpose.
Terms Used In Delaware Code Title 29 Sec. 10125
- Agency: means any authority, department, instrumentality, commission, officer, board or other unit of the state government authorized by law to make regulations, decide cases or issue licenses. See Delaware Code Title 29 Sec. 10102
- 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.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Party: means each person or agency named or admitted in an agency proceeding as a party, or properly seeking and entitled as of right to be admitted as a party to an agency proceeding. See Delaware Code Title 29 Sec. 10102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Subordinate: means either:
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) In connection with such hearings, the agency or its designated subordinate may be empowered to:
(1) Issue subpoenas for witnesses and other sources of evidence, either on the agency’s initiative or at the request of any party;
(2) Administer oaths to witnesses;
(3) Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence;
(4) Limit unduly repetitive proof, rebuttal and cross-examination;
(5) Cause interrogatories to issue and depositions to be taken; or
(6) Hold prehearing conferences for the settlement or simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing.
(c) The burden of proof shall always be upon the applicant or proponent.
(d) A record from which a verbatim transcript can be prepared shall be made of all hearings in all contested cases. Transcripts shall be made at the request and expense of any party.