14 Del. Admin. Code § 1020-8.0 - Hearing Procedures for Non-Waiver Matters

8.1 If a hearing before the Board is scheduled, the DIAA Office will provide written notice of the date, time, and location of the hearing to the applicable individuals.

8.2 The Board may permit opening and closing statements.

8.3 The Board may take testimony, hear proof, and receive exhibits into evidence at a hearing. Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.

8.4 Testimony shall be under oath or affirmation. The Board may administer oaths to witnesses.

8.5 Any person who testifies as a witness shall also be subject to cross examination by the other party and questions from the Board.

8.6 Any document introduced into evidence at a hearing shall be marked by the Board and shall be made a part of the record of the matter. The Board will not accept or consider documents that are submitted after the hearing, as such documents are outside of the record.

8.7 Any request by the Board for additional information shall be promptly supplied.

8.8 The Board shall consider the entire record of the case in reaching its final decision. Unless otherwise provided, the Board's decision shall be effective immediately.

8.8 The Board's decision will be incorporated into a written order, which is signed by the Board and sent to the individuals who were notified of the hearing.

8.9 An individual may be represented by an attorney at a hearing. The attorney representing the individual shall notify the Executive Director of the representation in writing as soon as practical. Attorneys who are not members of the Delaware Bar may be admitted pro hac vice in accordance with Rule 72 of the Rules of the Supreme Court of the State of Delaware.

Notes

14 Del. Admin. Code § 1020-8.0

26 DE Reg. 186 (9/1/2022) (Final)