16 Del. Admin. Code § 4464-15.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4464-15.0 - Hearings15.1 If the Division receives a request for a hearing, the Division shall schedule an administrative hearing within ten (10) days of the request. The purpose of the hearing is to determine if the suspension should be lifted. 15.1.1 Serious Violations, Repeat Violations and General Unsanitary Conditions 15.1.1.1 If serious violations, repeat violations, or general unsanitary conditions exist, the Division may issue and properly serve due notice, by certified mail or by hand delivery, of the intention of the Division to suspend or revoke the permit of a pool.15.1.1.2 The Division shall, not suspend or revoke a permit of a pool for serious or repeated violations that do not present an imminent health hazard, without having first issued and properly served such notice of intent to suspend or revoke.15.1.2 Within thirty (30) days of the date of such notice of intent to suspend or revoke, the permit holder may submit to the Division a written request for an administrative hearing.15.1.3 The suspension or revocation shall commence upon expiration of the notice of intent, unless within thirty (30) days of the date of such notice, the Division receives from the permit holder a written request for an administrative hearing.15.1.4 If the permit holder makes a timely request for an administrative hearing, the suspension or revocation shall be stayed pending the results of the hearing.15.1.5 A conspicuous, colored placard shall be prominently displayed at all entrances of a pool whose permit stands suspended or revoked.15.2 Pool Permit Holder Right to an Administrative Hearing15.2.1 Upon due notice that the Division intends to suspend or revoke the permit of a pool as indicated in 15.2, or for other reasons to protect public health, the permit holder may submit to the Division, within thirty (30) days of the date of such notice of intent, a written request for an administrative hearing.15.2.2 When an administrative hearing is scheduled, the permit holder of the pool shall be informed at least five (5) days prior to the hearing of the place, time and date of the hearing and the specific charges against the pool.15.2.3 Notification of the hearing shall be by certified mail or by hand delivery. Failure of the permit holder to be present for an administrative hearing shall result in automatic suspension of the permit and recommendation for revocation.15.3 Records of Administrative Hearings 15.3.1 A written report of the hearing decision shall be furnished by the Division to the permit holder of the pool.16 Del. Admin. Code § 4464-15.0
19 DE Reg. 309( 10/1/2015) (Final)