Delaware § 2261 Hearings; procedural requirements

Delaware Statutes

§ 2261 — Hearings; procedural requirements

Delaware § 2261

JurisdictionDelaware

Title3

PartRegulatory Provisions

Ch. 22NUTRIENT MANAGEMENT

Subch.Complaints, Hearings and Appeals

This text of Delaware § 2261 (Hearings; procedural requirements) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 3, § 2261 (2026).

Text

(a)For purposes of this section, the Commission may create a hearing panel that will be subordinate to the Commission and comprised of individuals selected by the Commission. The Commission or hearing panel shall examine all complaints meeting the criteria of § 2260(a) of this title brought before it for violations of this chapter or Commission regulations within 60 days of receipt of the complaint. The Commission or hearing panel shall conduct a hearing on any matter that on its face presents a colorable claim that a violation has occurred.

(b)The Commission or hearing panel shall send 10 days’ notice of any hearing to all named parties, together with a recital of the complaint or issue brought before the Commission or hearing panel. It shall be sufficient to send such notice to the at

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(a) For purposes of this section, the Commission may create a hearing panel that will be subordinate to the Commission and comprised of individuals selected by the Commission. The Commission or hearing panel shall examine all complaints meeting the criteria of § 2260(a) of this title brought before it for violations of this chapter or Commission regulations within 60 days of receipt of the complaint. The Commission or hearing panel shall conduct a hearing on any matter that on its face presents a colorable claim that a violation has occurred.

(b) The Commission or hearing panel shall send 10 days’ notice of any hearing to all named parties, together with a recital of the complaint or issue brought before the Commission or hearing panel. It shall be sufficient to send such notice to the attorneys of those who are represented by counsel.

(c) When a hearing panel presides over a hearing, the hearing panel shall prepare a proposed order for the consideration of the Commission that shall include:

(1) A brief summary of the evidence and recommended findings of fact based upon the evidence.

(2) Recommended conclusions of law.

(3) A recommended decision.

(d) When a proposed order by a hearing panel is submitted to the Commission, a copy shall be delivered to each of the parties who shall have 20 days to submit in writing to the Commission exceptions, comments, and arguments respecting the proposed order.

(e) The Commission shall make its final decision based upon the entire record of the case and the recommendations of the hearing panel, if applicable. The Commission’s decision shall be incorporated into a final order which shall include:

(1) A recitation of the evidence before the commission.

(2) The Commission’s findings of fact.

(3) The Commission’s decision and a brief statement of the reasons for its decision.

(4) The manner in which the Commission construed the law and applied it to the facts.

(5) Any remunerative action a violator must take, including any fine, revocation, suspension, or modification to any certificate.

(f) The Commission shall have the power to compel the attendance of witnesses whose testimony is related to the alleged violation under review and the production of records related to the alleged violation under review by filing a praecipe for a subpoena through the Attorney General or a Deputy Attorney General with the Prothonotary of any county of this State, such a subpoena to be made by any sheriff of the State; failure to obey said subpoena will be punishable according to the rules of the Superior Court.

(g) All decisions of the Commission pursuant to this subsection shall be final and conclusive unless a party to such hearing shall appeal pursuant to the provisions of § 2263 of this title.