Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2018

Authenticated PDF Version

The Professional Standards Board, acting in cooperation and consultation with the Department of Education ("Department"), developed a new regulation, 14 DE Admin. Code 1515 Hearing Procedures and Rules. The regulation concerns the hearing procedures and rules for license denial actions under 14 Del.C. §1217 and license disciplinary actions under 14 Del.C. §1218. The proposed regulation was initially published on October 1, 2017. The Professional Standards Board received one written comment that subsection 3.1.2 does not seem to align with modern technology or to be the most efficient, non-burdensome form of communicating a hearing request. The Professional Standards Board believes that the forms of hearing request are those permitted by statute, so no changes were made in response to the comment. On November 2, 2017, the Professional Standards Board voted to republish the regulation with two substantive changes. The Professional Standards Board added a deadline for submitting a written request for additional time for a hearing to subsection 4.1.1.1 and added "stenographic" to subsection 4.5.2.
Notice of the proposed regulation was published in the Register of Regulations on December 1, 2017. The Professional Standards Board did not receive written comments regarding the proposed regulation.
On February 1, 2018, the Professional Standards Board voted to propose 14 DE Admin. Code 1515 Hearing Procedures and Rules for adoption by the Department subject to the State Board of Education's approval.
For the foregoing reasons, the Department concludes that it is appropriate to adopt 14 DE Admin. Code 1515 Hearing Procedures and Rules subject to the State Board of Education's approval. Therefore, pursuant to 14 Del.C. §§1203 and 1205(b), 14 DE Admin. Code 1515 Hearing Procedures and Rules attached hereto as Exhibit "A" is hereby adopted.
The text of 14 DE Admin. Code 1515 Hearing Procedures and Rules adopted hereby shall be in the form attached hereto as Exhibit "A," and said regulation shall be cited as 14 DE Admin. Code 1515 Hearing Procedures and Rules in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Department pursuant to 14 Del.C. §§1203 and 1205(b) on February 15, 2018. The effective date of this Order shall be ten (10) days from the date this Order is published in the Register of Regulations.
IT IS SO ORDERED the 15th day of February, 2018.
Approved this 15th day of February, 2018.
1.1 This regulation shall apply to license denial actions under 14 Del.C. §1217 and license disciplinary actions under 14 Del.C. §1218.
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Department" means the Delaware Department of Education.
"Executive Director" means the Executive Director of the Delaware Professional Standards Board.
"Secretary" means the Secretary of the Delaware Department of Education.
"Standards Board" means the Delaware Professional Standards Board established pursuant to 14 Del.C. §1201 or its designee.
4.1.1.1 If a party believes that the presentation of the party’s case cannot reasonably be accomplished in one half of the allotted time or less, then the party may mail or hand-deliver a written request for additional time to the Executive Director within 10 days of receipt of the notice of hearing. The request shall specify the reasons for the request. The party shall provide a copy of the request to the other party at the same time.
7.1.1 Pursuant to 29 Del.C. §10129, no member or employee of the Standards Board assigned to participate in any way in the rendering of a case decision shall discuss or communicate, directly or indirectly, respecting any issue of fact or law with any person or party, except upon notice to and opportunity for all parties to participate.
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov