As used in this subchapter, “disciplinary action” means the Division’s imposition of a penalty under § 5606 of this title or refusal to issue a license under § 5613(b) of this title.

85 Del. Laws, c. 461, § 3; 

(a) Except as otherwise provided in subsection (b) of this section, a disciplinary action is effective immediately after any of the following occurs:

(1) The provider organization does not request a hearing under § 5623 of this title.

(2) A hearing officer upholds the disciplinary action under § 5625 of this title.

(b) Whenever the Director reasonably believes that the public health, safety, or welfare requires emergency action, a disciplinary action is effective immediately.

85 Del. Laws, c. 461, § 3; 

(a) The Division shall notify a provider organization in writing at least 10 days before taking disciplinary action. The notice must list the violations identified by the Division.

(b) A provider organization may appeal a disciplinary action by requesting a Departmental hearing. A request under this subsection must be in writing and submitted to the Department no more than 10 days after the provider organization receives notice under subsection (a) of this section.

(c) Whenever the Department receives a request under subsection (b) of this section, the Department shall hold a hearing under § 5624 of this title. The Department shall determine the time and place of the hearing and notify the provider organization and the Division at least 20 days before the hearing.

85 Del. Laws, c. 461, § 3; 

(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.

85 Del. Laws, c. 461, § 3; 

(a) After the hearing, a hearing officer shall decide based on the record. The hearing officer’s decision takes immediate effect.

(b) The hearing officer shall issue a written order no more than 30 days after the hearing. The order must be signed and dated by the hearing officer and include at least the following:

(1) A concise statement of the Division’s disciplinary action.

(2) A summary of the evidence.

(3) Findings of fact based on the evidence.

(4) Conclusions of law.

(5) The decision of the hearing officer.

85 Del. Laws, c. 461, § 3; 

(a) A provider organization may appeal a final order under § 5625 of this title to the Superior Court by filing a petition for judicial review with the Court no more than 30 days after the date of the final order.

(b) An appeal under this section must be on the record without a trial de novo. If the Court determines that the record is insufficient for review, the Court shall remand the case to the Department for further proceedings on the record.

(c) If factual determinations are at issue, the Court shall consider the Division’s experience and specialized competence and the purposes of the fundamental law or regulation under which the Division took disciplinary action.

(d) Except for fraud, the Court’s review is limited to determining whether the substantial evidence on the record supports the Division’s disciplinary action.

(e) Except as otherwise provided in subsection (f) of this section, the Court may not stay a final order issued under § 5625 of this title.

(f) If, after a preliminary review, the Court finds that the issues and facts presented are substantial and a stay is required to prevent irreparable harm, the Court may stay enforcement of a final order issued under § 5625 of this title.

85 Del. Laws, c. 461, § 3;