§ 316 — Board hearings; procedure

(a) Upon the receipt of a formal complaint from the Attorney General’s office, the Board shall fix the time and place of a full hearing of the matter, and it shall be scheduled to be heard as soon as practicable. The Board shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the architect at least 20 days before the date fixed for the hearing. In cases where the architect cannot be located or where personal services cannot be effected, substitute service shall be effected in the same manner as with civil litigation.

(b) All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision shall be in writing and shall include its reason for such decision. A copy of the decision shall be mailed by registered mail immediately to the complainant, and to the architect. The Board’s decision shall become effective on the thirtieth day after the day it is received by the architect, unless there is an appeal to the Superior Court within that time.

(c) Where either the complainant or the architect is in disagreement with the action of the Board, either person may appeal the Board’s decision to the Superior Court within 30 days of the receipt of the Board’s decision. Upon such appeal, the Court shall hear the evidence “de novo.” The filing of an appeal shall act as a stay of the Board’s decision, pending final determination of the appeal.

Legislative History

64 Del. Laws, c. 1, § 1 ; 68 Del. Laws, c. 144, § 1