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Delaware Code Title 11. Crimes and Criminal Procedure § 8404A. Hearings

Current as of January 01, 2022 | Updated by FindLaw Staff

In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

(1) The chairperson shall select 3 members of the Commission to comprise a board which will hear evidence on the allegation (hereinafter “board”).

(2) Upon conclusion of the hearing provided for in this section, the board shall submit its findings and recommendation to the full Commission in writing for consideration and vote.

(3) The ultimate findings of the Commission shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Commission shall become final upon expiration of said appeal deadline.

(4) All hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

(5) Summaries of the Commission's decisions shall be published on the Commission's websites and are public records for purposes of the Freedom of Information Act (Chapter 100 of Title 29).

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Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 8404A. Hearings - last updated January 01, 2022 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-8404a/

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