2012 Delaware Code
Title 29 - State Government
CHAPTER 102. DELAWARE SUNSET ACT
§ 10211. Criteria for review.

(a) The genuine public need for an agency under review by the Sunset Committee and whether or not the agency is satisfactorily meeting that need may not be assumed. The agency has the burden of showing, through the criteria for review under subsection (b) of this section, that there is a genuine public need and that the agency is meeting that need.

(b) The criteria for review required by the provisions of subsection (a) of this section are:

(1) The purpose of the act establishing the agency and the manner of operation of the agency designed to achieve the purpose;

(2) Whether or not it can be independently established, apart from information supplied by the agency or by persons having a direct interest in the continued existence of the agency, that the termination of the agency would be detrimental to the public health, safety, or welfare; and whether or not a possibility exists that the termination would be beneficial to the public health, safety, or welfare;

(3) An assessment of less restrictive or other methods of achieving the stated objectives of the act establishing the agency, and if those other methods provide as much protection to the public;

(4) Whether or not statute establishes a clear mandate to the agency, and whether or not the agency has complied with the mandate, if any, in the best interests of the general public;

(5) Whether or not other programs, activities, or agencies of the state government have the same or similar objectives, and, if so, a comparison of the costs and effectiveness of those programs, activities, or agencies, and the identification of any duplicate programs, activities, or agencies with those of the agency under review;

(6) Whether or not in the past 3 years the agency has recommended to the General Assembly only those statutory changes of primary benefit to the public, or if those changes were primarily of benefit to the agency or to the occupation, business, or institution which it serves or regulates;

(7) The efficiency with which the agency meets its statutory objectives;

(8) Whether or not applications and formal public complaints filed with the agency have been processed effectively and fairly;

(9) Whether or not the agency has issued professional or occupational licenses only to qualified applicants, and whether or not the agency has unfairly restricted access to any person wishing to engage in a regulated business, occupation, or profession;

(10) The extent to which the agency has encouraged participation by the public in making agency rules, regulations, and decisions, as opposed to participation solely by those it regulates; and the extent to which public participation has resulted in rules, regulations, and decisions compatible with the objectives of the agency;

(11) Whether or not the agency has operated in an open and accountable manner with public access to records and meetings, and whether there are safeguards against possible conflicts of interest;

(12) Whether "ethical conduct" provisions or rules of an agency, if any, are in fact limited to ethical or moral conduct, or if the provisions or rules contain primarily commercial prohibitions and restrictions relating to profits, advertising, and other business topics;

(13) The extent to which the agency has been complying with Chapter 58, Chapter 100, and Chapter 101 of this title; §§ 6506, 6512, and 6519 of this title; and § 8, article XV of the Delaware Constitution, or with the requirements of any laws which are direct successors to those listed in this paragraph;

(14) Any claimed impact as a result of federal intervention or loss of federal funds if the agency is terminated, the impact of which must be fully substantiated; and

(15) Any additional criteria designated by the Committee as applicable to the particular agency under review.

62 Del. Laws, c. 301, § 3; 76 Del. Laws, c. 221, § 1.;