§ 10122 — Notice of proceedings

Whenever an agency proposes to proceed for a case decision, it shall give 20 days’ prior notice to all parties as follows:

(1) The notice shall describe the subject matter of the proceedings;

(2) The notice shall inform the parties of the opportunity, if permitted by law, to elect to proceed by informal fact-finding and of the date by which such election must be made;

(3) The notice shall give the date, time and place the formal hearing will be held if informal fact-finding is not elected;

(4) The notice shall cite the law or regulation giving the agency authority to act;

(5) The notice shall inform the party of the right to present evidence, to be represented by counsel and to appear personally or by other representative; and

(6) The notice shall inform the parties of the agency’s obligation to reach its decision based upon the evidence received.

Legislative History

60 Del. Laws, c. 585, § 1 ; 62 Del. Laws, c. 301, § 2 ; 70 Del. Laws, c. 186, § 1