Delaware § 10125 Conduct of public hearings; burden of proof; record

Delaware Statutes

§ 10125 — Conduct of public hearings; burden of proof; record

Delaware·Title 29·Part General Regulations for State Agencies·Ch. 101 ADMINISTRATIVE PROCEDURES·Subch. Case Decisions

(a)The hearing may be conducted by the agency or by a subordinate designated for that purpose.

(b)In connection with such hearings, the agency or its designated subordinate may be empowered to:

(1)Issue subpoenas for witnesses and other sources of evidence, either on the agency’s initiative or at the request of any party;

(2)Administer oaths to witnesses;

(3)Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence;

(4)Limit unduly repetitive proof, rebuttal and cross-examination;

(5)Cause interrogatories to issue and depositions to be taken; or

(6)Hold prehearing conferences for the settlement or simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing. (c

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(a) The hearing may be conducted by the agency or by a subordinate designated for that purpose.

(b) In connection with such hearings, the agency or its designated subordinate may be empowered to:

(1) Issue subpoenas for witnesses and other sources of evidence, either on the agency’s initiative or at the request of any party;

(2) Administer oaths to witnesses;

(3) Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence;

(4) Limit unduly repetitive proof, rebuttal and cross-examination;

(5) Cause interrogatories to issue and depositions to be taken; or

(6) Hold prehearing conferences for the settlement or simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing.

(c) The burden of proof shall always be upon the applicant or proponent.

(d) A record from which a verbatim transcript can be prepared shall be made of all hearings in all contested cases. Transcripts shall be made at the request and expense of any party.

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