§ 1213 — Disciplinary proceedings; appeal [For application of this section, see 81 Del. Laws, c. 73, § 7]

Delaware § 1213

• Jurisdiction: Delaware
• Title: 24
• Ch. 12: Security Alarm Systems and Protective Services [For application of this chapter, see 81 Del. Laws, c. 73, §? 7]
• Subch.: Licensure [For application of this subchapter, see 81 Del. Laws, c. 73, § 7]

Text

(a)Grounds. —

Subject to the provisions of this chapter, the Superintendent may impose any of the sanctions listed in subsection (b) of this section, singly or in combination, when it finds an applicant, licensee, officer, compliance agent or employee is guilty of any of the following offenses:

(1) Conducting a security alarm business without a license.

(2) Working as an employee or licensee without an identification card.

(3) Lacking good character and legitimate purpose § 1204(b) of this title.

(4) Obtaining criminal charges pursuant to § 1205 of this title.

(5) Failing to obtain an identification card under § 1209 of this title.

(6) Failing to notify subscribers of a security alarm business of a suspension or revocation of its license.

(7) Failing to file a surety bond under § 1211 of this title.

(8) Failing to surrender a revoked license or identification card.

(9) Submitting false or fraudulent information on an application for a license or identification card.

(10) Violating any provision of this chapter or any promulgated rule or regulation.

(b)Disciplinary sanctions. —

(1) Permanently revoke a license or identification card.

(2) Suspend a license or identification card.

(3) Issue a letter of reprimand.

(4) Refuse to issue a license or identification card.

(5) Refuse to renew a license or identification card.

(6) Other discipline as considered appropriate and necessary.

(c)Procedure. —

(1) After receipt of written notice from the Professional Licensing Section of the Director’s denial, suspension, or revocation of a license or identification card, the applicant, licensee, officer, compliance agent or employee shall be afforded a hearing before the Superintendent.

(2) The accused may be represented by counsel who shall have the right of examination and cross examination.

(3) Testimony before the Superintendent shall be under oath.

(4) A record of the hearing shall be made. At the request and expense of any party such record shall be transcribed with a copy to the other party.

(5) The Superintendent’s decision shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Superintendent may sanction such a person as provided by subsection (b) of this section. A suspended license may be reissued upon a further hearing initiated at the request of the suspended licensee, officer, compliance agent or employee by written application to the Director.

(d) All decisions of the Superintendent shall be final and conclusive. Where applicant, licensee, officer, compliance agent or employee is in disagreement with the action of the Superintendent, the practitioner may appeal the Superintendent’s decision to the Secretary of the Department within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act §§ 10142-10145 of Title 29.

Legislative History

64 Del. Laws, c. 281, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 110, § 138 ; 81 Del. Laws, c. 73, § 1