3 Del. Admin. Code § 303-18.0 - Violations, Penalties, and Hearing Procedures
18.1 Failure to comply with this regulation
may result in the assessment of a civil penalty.
18.2 No civil penalty shall be assessed
unless the person has been given notice and opportunity for a hearing on the
charge before the Secretary or the Secretary's designee in accordance with 29
Del.C. Ch. 101.
18.3 The Department
shall notify the person with a violation of this chapter in writing of the date
and time of the administrative hearing. The person shall have the right to
appear in person, to be represented by counsel, and to provide witnesses in the
person's own behalf.
18.4 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.
18.5 The Secretary or the
Secretary's designee shall mail a written decision to the person 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.
18.6 The Department shall preserve a full
record of the proceedings and a transcript may be purchased by any interested
person.
Notes
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