Delaware Code Title 14. Education § 1217. Denial of licenses and permits

(a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant's application for a license or permit for failure to meet the qualifications for a license or permit.  The Department may further deny a license or permit to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and (b) of this title.

(b) The Department shall not take action to deny a license or permit under this section without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.

(c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have the power to administer oaths and issue subpoenas to compel the testimony of witnesses and the production of books, accounts, papers, records, or documents.

(d) The burden of proof in a license or permit denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license or permit because that applicant meets the qualifications for licensure or a permit pursuant to the applicable laws and regulations.