Hearing officer; burden of proof; records [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5624
in effect(a) The Secretary shall appoint a hearing officer to conduct the hearing.
(b) A hearing officer may do any of the following:
(1) Issue subpoenas for witnesses and other sources of evidence.
(2) Administer oaths to witnesses.
(3) Exclude irrelevant, immaterial, insubstantial, cumulative, and privileged evidence.
(4) Limit unduly repetitive proof, rebuttal, and cross-examination.
(5) Hold prehearing conferences to do any of the following:
a. Settle or simplify issues by consent.
b. Dispose of procedural requests or disputes.
c. Regulate and expedite the course of the hearing.
(c) A provider organization has the burden of proof.
(d) The Department shall record the hearing to allow for verbatim transcription. Upon a provider organization’s request and at the provider organization’s expense, the Department shall provide a transcription of a recording made under this subsection.
(e) The Department shall maintain a record related to the hearing that includes copies of at least the following:
(1) Notices.
(2) Correspondence.
(3) Exhibits, documents, and testimony that the hearing officer admitted into evidence.
(4) Hearing decisions.
(5) Corrective action plans.
(6) Orders concerning disciplinary action.
(7) The recording of the hearing.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc03/index.htmlFetched: 10/4/2026