§ 6605 — Administration of Fund; adjudication of claims

(a) The Insurance Commissioner must receive claims against the Fund under this chapter. The Commissioner must determine the validity of all such claims and determine whether a death resulting in any such claim was in the line of duty under terms set forth in § 6601 of this title. In making such determinations, the Commissioner may seek the guidance of the Attorney General. As administrator of the Fund out of which benefits are paid under this chapter, the State Insurance Coverage Office established under Chapter 65 of this title has standing to contest any claim filed under this chapter, and the Commissioner must consider any such objections when rendering a decision on the validity of any claim.

(b) The Commissioner must hold a hearing on every contested claim, at which hearing the claimant may be represented by counsel. The Commissioner may determine uncontested claims on the papers. For all claims, the Commissioner must receive evidence, make findings, and render a decision. The Commissioner has the power to subpoena witnesses and records and administer oaths and must keep a written or taped record of all testimony given. The Commissioner must state, in writing, the Commissioner’s findings and the reasons for the decision.

(c) The Commissioner may issue regulations governing the submission, processing, and adjudication of claims, including regulations governing hearings.

Legislative History

18 Del. C. 1953, § 6605; 58 Del. Laws, c. 504, § 1 ; 70 Del. Laws, c. 186, § 1 ; 85 Del. Laws, c. 116, § 1