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DE SB159
Bill
Status
7/8/2009
Primary Sponsor
Edward Bennett
Click for details
AI Summary
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Amends Delaware Code Title 29 § 10161 to authorize professional licensing boards (governed by Titles 23, 24, or 28) to establish hearing panels for disciplinary complaints and unlicensed practice cases.
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Hearing panels must consist of at least 3 board members (2 professional and 1 public member when practical) nominated by the board president/chairperson and approved by majority board vote.
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Hearing panel proceedings follow the Administrative Procedures Act with informal hearings, no rules of evidence, verbatim records kept, and decisions made by majority vote based on substantial evidence (not exclusively hearsay).
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Hearing panel decisions are not final until approved by majority vote of the full board at a properly convened meeting; the board may only overturn a decision if it contradicts state/federal law, lacks substantial evidence, or is arbitrary or capricious.
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Respondents may appeal final board decisions to court under the Administrative Procedures Act, with appeals heard on the record and stays granted according to § 10144.
Legislative Description
An Act To Amend Title 29 Of The Delaware Code Relating To Civil Administrative Procedures.
Last Action
Signed by Governor
7/8/2009