§ 3311 — Hearing procedures

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 3316 or § 3321 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) All hearings shall be informal without use of 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 reasons for such decision. The Board’s decision shall be mailed immediately to the licensee.

(c) Where the licensee is in disagreement with the action of the Board, the licensee may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the licensee. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.

Legislative History

24 Del. C. 1953, § 3313; 57 Del. Laws, c. 178 ; 63 Del. Laws, c. 460, § 13 ; 65 Del. Laws, c. 323, § 1 ; 72 Del. Laws, c. 207, § 32 ; 75 Del. Laws, c. 295, § 28