Del. Code Ann. tit. 3, § 2907
Hearing procedure; appeals
83 Del. Laws, c. 8, § 1;
- (a) The Secretary, or the Secretary’s designee shall conduct all administrative proceedings under this chapter.
- (b) A person accused of violating this chapter has the right to appear personally, to be represented by counsel, and to submit evidence and witnesses in defense of the charges.
- (c) The Secretary or the Secretary’s designee shall make and preserve a full record of the proceeding. A transcript of the record may be purchased upon payment to the Department of Agriculture of the cost of preparing such a transcript.
- (d) The Secretary or the Secretary’s designee shall issue a decision in writing to the person accused of violating this chapter within 30 days of the conclusion of the hearing.
- (e) The decision by the Secretary or the Secretary’s designee is appealable to the Superior Court within 30 days of the date the decision is mailed.
- (f) Written notice of an appeal under subsection (e) of this section, must state the grounds for the appeal and be served on the Secretary.