§ 1108 — Violations and hearing procedures

Delaware § 1108

• Jurisdiction: Delaware
• Title: 3
• Part: Regulatory Provisions
• Ch. 11: PLANT PESTS

Text

(a) Failure to comply with this chapter shall result in the assessment of a civil penalty.

(b) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary’s designee shall mail a written decision to the alleged violator within 30 days after the conclusion of the administrative hearing. Failure to comply with the 30-day period shall have no effect on the Secretary’s decision.

(c) The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel and to provide witnesses in the person’s own behalf.

(d) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.

(e) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person.

Legislative History

70 Del. Laws, c. 325, § 1 ; 70 Del. Laws, c. 186, § 1 ; 72 Del. Laws, c. 375, § 1 ; 77 Del. Laws, c. 356, § 1 ; 84 Del. Laws, c. 42, § 1