§ 10210 — Public hearings

Delaware § 10210

• Jurisdiction: Delaware
• Title: 29
• Part: General Regulations for State Agencies
• Ch. 102: DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT

Text

(a) (1) From January through March each year, unless the needs of the General Assembly require otherwise, the Committee shall convene an initial hearing for each entity under full review or focused review that the chair schedules, to provide an opportunity for the Committee to meet with the entity to discuss the analysis, conclusions, and recommendations in the entity’s staff report and otherwise fulfill the Committee’s duties under § 10209(d) of this title for a full review or § 10212 of this title for a focused review.

(2) Following the initial public hearing under paragraph (a)(1) of this section, the Committee may, at the call of the chair, hold additional hearings as needed to complete conducting the full review or focused review. The entity’s staff or highest administrative officer is not required to attend an additional hearing unless the chair requests their attendance.

(3) [Repealed.]

(4) To encourage participation by the general public, the Committee shall hold a public hearing in the early evening hours if the Committee determines that an evening meeting would better serve the full review or focused review, the entity under review, or the constituency that the entity serves.

(b)Highest administrative officer attendance at public hearings.—

The highest administrative officer of an entity under full review or focused review must be present at the initial public hearing relating to the review and at each additional public hearing for which the committee chair requests the officer’s presence.

(1) The committee chair may excuse the highest administrative officer from the initial public hearing at the request of the officer, at the recommendation of committee staff, or as the chair may determine is appropriate.

(2) The highest administrative officer may, with the chair’s approval, appoint a designee to meet the officer’s obligations under this subsection.

(3) The Committee may designate an individual other than the highest administrative officer to meet the officer’s obligations under this subsection.

(c) (1) Notwithstanding § 10203(f) of this title, at the initial public hearing held relating to an entity under full review or focused review, individuals in attendance, including members of the general public, representatives of the entity under review, and witnesses on behalf of either the entity or the general public, are entitled to be heard and to present evidence for the record.

(2) Testimony or written materials relating to a full review or focused review that a member of the general public offers may not be unreasonably refused, and the Committee must retain and consider the testimony or written materials during the review.

(3) Testimony or written materials relating to a full review or focused review that an entity or a witness on behalf of an entity, including an officer or another individual having a direct interest in the continued existence of the entity under review, must be accepted and the Committee must retain and consider the testimony or written materials during the review.

Legislative History

62 Del. Laws, c. 301, § 3 ; 70 Del. Laws, c. 186, § 1 ; 76 Del. Laws, c. 221, § 1 ; 80 Del. Laws, c. 260, § 1 ; 82 Del. Laws, c. 132, § 4 ; 84 Del. Laws, c. 66, § 10