Delaware Code Title 29 Sec. 10128 – Decision; final order
(a) The agency shall make its decision based upon the entire record of the case and upon the summaries and recommendations of its subordinates.
Terms Used In Delaware Code Title 29 Sec. 10128
- 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
- case decision: means any agency proceeding or determination that a named party as a matter of past or present fact, or of threatened or contemplated private action, is or is not in violation of a law or regulation, or is or is not in compliance with any existing requirement for obtaining a license or other right or benefit. 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.
- License: means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but it does not include a license required solely for revenue purposes. See Delaware Code Title 29 Sec. 10102
- 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
- Quorum: The number of legislators that must be present to do business.
(b) Every case decision of any agency shall be incorporated in a final order which shall include, where appropriate:
(1) A brief summary of the evidence;
(2) Findings of fact based upon the evidence;
(3) Conclusions of law;
(4) Any other conclusions required by law of the agency; and
(5) A concise statement of the agency’s determination or action on the case.
(c) Every final order shall be authenticated by the signatures of at least a quorum of all agency members, unless otherwise provided by law.
(d) Every final order shall immediately be mailed or delivered to each party and each other person requesting it.
(e) Every final order may be amended or modified by the same procedure used for the initial adoption of the order.
(f) When any professional licensing board or commission governed by Title 23, 24, or 28, and listed in § 10161(a) of this title, orders, at the conclusion of a hearing, that a license shall be revoked or suspended, the revocation or suspension shall be effective immediately. A written order, pursuant to this section, shall be served no later than 30 days after the hearing date.
(g) When any professional licensing board or commission governed by Title 23, 24, or 28, and listed in § 10161(a) of this title reaches its conclusions of law and determines an appropriate disciplinary action, if any, the Board or Commission shall issue a written decision and order in accordance with this section. However, notwithstanding the provisions of subsection (c) of this section, the decision and order may be issued over the signature of only the President or other officer of the Board.
60 Del. Laws, c. 585, § ?1; 62 Del. Laws, c. 301, § ?2; 77 Del. Laws, c. 369, § ?1; 78 Del. Laws, c. 130, § ?1;