Delaware Code Title 19. Labor § 2301B. Hearing officers

(1) All powers and duties conferred or imposed upon such hearing officers by law or by the Rules of Procedure for the Industrial Accident Board.

(2) The power to administer oaths and affirmations.

(3) The power, with consent of the parties, to hear and determine any prehearing matter pending before the Board.  In such circumstances, the hearing officer's decision has the same authority as a decision of the Board and is subject to judicial review on the same basis as a decision of the Board.

(4) The power, with consent of the parties, to conduct hearings, including any evidentiary hearings required by Part II of this title, and to issue a final decision determining the outcome of such hearings.  In such circumstances, the hearing officer's decision has the same authority as a decision of the Board and is subject to judicial review on the same basis as a decision of the Board.

(5) The hearing officer shall have the responsibility for advising the Board regarding legal issues and writing the Board's decision with respect to any hearing conducted by the Board at which such hearing officer has been assigned by the Department.  The hearing officer shall not participate in the deliberations of the Board with respect to the determination of matters before the Board or vote on any matter to be decided by the Board, but may be present during such deliberations for the purpose of providing legal advice.

(6) With respect to any matter to which they are assigned responsibility in accordance with Part II of this title, the same authority as the Board would have to conduct or dispose of such matter in accordance with Part II of this title and the Board's Rules of Procedure.  In such circumstances, any reference in Part II of this title or the Board's Rules of Procedure to the Board shall also refer to the hearing officer when such hearing officer is assigned responsibility in accordance with Part II of this title.