16 Del. Admin. Code § 4502-9.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4502-9.0 - Denial, Revocation and Disciplinary Sanctions

9.1 The Office may impose sanctions, defined in this chapter singly or in combination when it finds a certified or former certified animal welfare officer committed any offense described below:

9.1.1 Engages in fraud or deceit in procuring or attempting to procure a certification/license;

9.1.2 Is guilty of a crime against person or property;

9.1.3 Has been found by an employer to be unfit or incompetent;

9.1.4 Has had a certification or license to serve as an animal welfare officer suspended or revoked in any jurisdiction; or

9.1.5 Has willfully or negligently violated this chapter.

9.2 In determining whether to impose sanctions, the Department shall consider the following factors:

9.2.1 The seriousness of the offense;

9.2.2 The circumstances surrounding the offense;

9.2.3 The relation of the offense to the duties of a certified animal welfare officer; and

9.2.4 Consultation with the certified animal welfare officer's employing agency.

9.3 Disciplinary sanctions shall include one or more of the following:

9.3.1 Permanently revoking a certification;

9.3.2 Refusing a certification or certification renewal;

9.3.3 Suspending a certification;

9.3.4 Issuing a letter of reprimand;

9.3.5 Requiring additional training; or

9.3.6 Placing a certification on probationary status and requiring the individual to:

9.3.6.1 Report regularly to the Office upon the matters which are the basis of probation;

9.3.6.2 Limit practice to those areas prescribed by the Office; or

9.3.6.3 Continue or renew professional education until satisfactory degree of skill has been attained in those areas which are the basis of the probation.

9.4 An animal welfare officer may request an administrative hearing if they wish to contest the disciplinary sanctions.

9.4.1 The request shall be made in writing to the Secretary of the Department within 20 calendar days after issuance of the final written report and associated sanctions.

9.4.2 As soon as possible, but not later than 30 calendar days of receipt of the request for an administrative hearing, the Department shall set a time and place to conduct a hearing.

9.4.3 Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, 29 Del.C. Ch. 101, and the Freedom of Information Act, 29 Del.C. Ch. 100.

9.4.4 The Department shall make a determination based upon the evidence presented.

9.4.5 A written copy of the determination and the reasons upon which it is based shall be sent to the officer within 30 calendar days.

9.5 During an administrative hearing:

9.5.1 The animal welfare officer has the right to be represented by counsel;

9.5.2 All statements made shall be under oath;

9.5.3 The animal welfare officer has the right to examine and cross-examine witnesses; and

9.5.4 A stenographer recording will be made by a qualified court reporter. At the request and expense of any party, such record shall be transcribed with a copy to the other party.

9.6 The decision of the Department shall be based upon sufficient legal evidence. The Department may continue, modify or revoke the disciplinary sanctions.

9.7 All decisions of the Department shall be final and conclusive. Where the officer is in disagreement with the action of the Department, the officer may appeal the Department's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the officer. The appeal shall be on the record to the Superior Court and shall be as provided in 29 Del.C. §§ 10142- 10145.

16 Del. Admin. Code § 4502-9.0

22 DE Reg. 770( 3/1/2019) (final)