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Delaware Administrative Code
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Part B - Practice and Procedure in Administrative Hearings General Rules
Section 200-B-202 - Delegation of Power to Issue Orders and Revocation of Delegation

6 Del. Admin. Code § 200-B-202

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 200-B-202 - Delegation of Power to Issue Orders and Revocation of Delegation
(a) Pursuant to Section 73-102(c) of the Act, in each administrative proceeding commenced under the Act, the Director delegates to the Presiding Officer appointed under Rule 225A the power and authority to issue a final order, decision or other disposition of the proceeding. Any order issued by the Presiding Officer shall constitute an order of the Director for purposes of judicial review.
(b) In any proceeding involving a delegation under the preceding paragraph (a) of this Rule, the order (including any findings contained therein) of the Presiding Officer shall be treated as the order (and findings) of the Director for purposes ofSection 73-502(b) of the Act.
(c) In any proceeding involving a delegation under the preceding paragraph (a) of this Rule, for purposes of appealing an order of the Presiding Officer other than the Director, the Director may have the status of an aggrieved party under Section 73-502 of the Act.
(d) The Director may, at his or her discretion, revoke all or part of a delegation under paragraph (a) of this Rule.
(e) Procedures for Revocation.
(1) The Director may revoke a delegation of a proceeding at any time before a ruling on a substantive issue by the Presiding Officer, or the taking of oral testimony from the first witness, whichever is earlier.
(2) The Director shall issue a written notice of revocation that states briefly the reason for the revocation and specifies whether all or part of the delegation has been revoked. If only part of the delegation has been revoked, the Director shall specify in the notice of revocation the portions of the proceeding for which the delegation has been revoked.
(3) The Director shall serve the notice of revocation on all parties and the Presiding Officer.
(4) A decision issued by the Director shall reflect the revocation of delegation, and a copy of the revocation notice shall be included as part of the record.
(f) Withdrawal of Delegation with Consent of Parties. The Director may withdraw all or part of a delegation of a case as to a respondent at any time with the consent of that respondent and the Unit.
(g) In any case where a delegation has been revoked or withdrawn, the Director shall be treated as the "Presiding Officer" for purposes of these Rules.
(h) Subparagraph (a) of this Rule shall not apply if an administrative complaint requests that a final determination of the case be made by the Director.

6 Del. Admin. Code § 200-B-202

18 DE Reg. 394 (11/1/2014) (Final)