2 Del. Admin. Code § 2224-8.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2224-8.0 - Complaints, Hearings, De-certification, Suspension and Probationary Status

8.1 The following procedure shall be followed during investigations of complaints regarding any DDC course, instructor, or provider certified under Section 4.0 and Section 5.0 of this regulation:

8.1.1 Any person who desires to file a complaint regarding any course, instructor, or provider must do so in writing to:

Delaware Division of Motor Vehicles

Attn: Defensive Driving Coordinator

P.O. Box 698

Dover, DE 19903

8.1.2 The complaint shall state the name of the course, its provider or instructor, and the facts that allegedly constitute the basis for the complaint. The Division may, at its discretion, dismiss the complaint without a hearing. A dismissal of the complaint shall be without prejudice and no further action shall be taken by the Division.

8.1.3 The Division, upon determining that the complaint merits further investigation shall:

8.1.3.1 Assign a staff member to investigate the complaint;

8.1.3.2 Provide a redacted copy of the complaint, within fifteen (15) business days of its filing, to the provider or instructor who is subject of the complaint:

8.1.3.2.1 The copy of the complaint provided shall not include the personal information of the complainants unless the information is necessary for the response; and

8.1.3.2.2 The transmittal of the complaint shall be done by certified mail or other verifiable means, to the provider or instructor named in the complaint at the address or addresses of record on file.

8.1.4 The provider or instructor has fifteen (15) business days from the date on which the redacted copy was provided to respond to the complaint in writing to the Division at the address provided in subsection 8.1.1.

8.2 A provider or instructor may be placed on probation, suspended, or decertified for any one or more of the following:

8.2.1 Falsification of information on, or accompanying, the Application for Certification/Recertification;

8.2.2 Falsification of, or failure to keep and provide, adequate student records and information as required herein;

8.2.3 Falsification of, or failure to keep and provide, adequate financial records and documents as required;

8.2.4 Failure to comply with the course content requirements set forth in Section 6.0 above, to include altering of course material without approval from the Division; or

8.2.5 Altering of course content, required in this regulation, without approval by the Division.

8.3 Nothing in this section of this regulation shall preclude the provider or instructor from entering into a consent agreement with the Division.

8.4 A provider or instructor who receives a warning, is placed on probation, or does not show proof of compliance with the conditions set forth in a consent agreement or order shall be subject to suspension or decertification.

8.5 Upon a recommendation for further action under subsection 8.1 of this regulation, the Director or the Directors' designee, shall determine whether the provider or instructor shall be warned, placed on probation (with or without conditions) for not more than 90 days, suspended for a period not to exceed six (6) months, or permanently decertified for one or more violations of this regulation. For purposes of the enforcement of this regulation and the protection of the public, progressive discipline is not required.

8.6 Upon a finding provided for in subsection 8.5 of this regulation, the Division shall provide written notice to the provider or instructor by certified mail, email with receipt, or other delivery service with receipt. A copy of the notice shall also be provided to the complainant. The notice shall include the following:

8.6.1 A summary of the complaint;

8.6.2 A summary of the information obtained in the investigation;

8.6.3 Findings of fact or law, including the law or regulation allegedly violated by the provider or instructor;

8.6.4 A statement by the Division whether or not action will be taken and a description of the course of action intended;

8.6.5 The law or regulation giving the Division authority to act; and

8.6.6 Notice of the instructor's or provider's right to request a hearing to dispute the complaint. The hearing must be requested within ten (10) business days from the date on which the instructor or provider received the certified or receipted notice.

8.7 Upon a finding by the division to suspend or decertify any course, instructor, or provider, that suspension or decertification shall not occur until ten (10) business days after the receipt of written notice as described in subsection 8.6.

8.8 If the Division gives notice to any instructor or provider of an intent to suspend or decertify, that instructor or provider may request a hearing by the Division. If a hearing is requested, the instructor or provider shall have the right to be heard personally, by counsel or by its agent. The Director, or the Directors' designee, may initiate investigations, appoint a hearing officer and subpoena witnesses. The Director, or the Directors' designee, upon receiving a decision from the hearing officer, may continue with the suspension or decertification of the provider or instructor. Prior to imposing any suspension or decertification, the Director, or the Directors' designee, shall consider:

8.8.1 The nature of the violation or violations and the provider's or instructor's willingness to make restitution to all parties harmed by the actions; and

8.8.2 The effect of the proposed action on the community.

8.9 If the instructor or provider requests a hearing, one will be scheduled by the division with a minimum of ten (10) business days' notice. The Director, or the Directors' designee, may postpone or continue any hearing for any reason. The provider or instructor may request continuation of the hearing upon written application to the Division for good cause shown. The granting or denying of a request for continuance made by the provider or instructor shall be in the sole discretion of the Division.

8.10 If a hearing is requested by the instructor or provider, any intended suspension or decertification by the Division will not be implemented until after the Director, or the Directors' designee, has rendered a decision and provided written notice to all parties of that decision by certified mail, email with receipt, or other delivery service with receipt.

8.11 A provider or instructor who is decertified pursuant to this regulation must wait six (6) months from the date of decertification before applying for recertification.

2 Del. Admin. Code § 2224-8.0

18 DE Reg. 708 (3/1/2015)
20 DE Reg. 125 (8/1/2016)
24 DE Reg. 1016 (5/1/2021) (Final)