2012 Delaware Code
Title 4 - Alcoholic Liquors
CHAPTER 5. LICENSES AND TAXES
Subchapter V. Cancellation or Suspension of License
§ 562. Public hearing and right of appeal.

(a) No license shall be cancelled or suspended (1) until the licensee has been given a public hearing by the Commissioner at which time the licensee shall be entitled to legal representation and to present witnesses, and (2) unless the ground therefor shall be established by clear and convincing evidence. A full and complete record shall be kept of all proceedings incident to such hearing. All testimony shall be recorded but need not be transcribed unless an order of the Commissioner shall be appealed to the Superior Court as set forth in subsection (c) of this section.

(b) Any order of the Commissioner relative to suspension or cancellation of a license shall become final 10 days after the licensee receives notice thereof, unless an appeal is timely made.

(c) Within 10 days after the licensee has received notice that the Commissioner has rendered a decision fining the licensee or ordering the suspension or cancellation of his license, the licensee may secure judicial review of such decision by commencing an action in the Superior Court. No bond shall be required for entering such appeal.

(d) In such action, a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the Commissioner. After the petition is filed, service shall be made by the Sheriff upon the Commissioner. With the answer, the Commissioner shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter, together with the Commissioner's findings therein. Unless otherwise agreed to by all of the parties, in every appeal the cause shall be first decided by arbitration conducted by a Superior Court Commissioner pursuant to the Superior Court Rules of Civil Procedure. The decision of the Superior Court Commissioner may be reviewed by the Superior Court in the same manner as is provided in civil cases.

(e) An appeal without bond may be taken from the decision of the Superior Court to the Supreme Court of this State in the same manner as is provided in civil cases. Upon the final determination of judicial proceedings, the Commissioner shall enter an order in accordance with such determination, or shall take such further or other action as the arbitrator or the Court may order. A petition for judicial review shall act as a supersedeas.

38 Del. Laws, c. 18, § 29; Code 1935, § 6158; 47 Del. Laws, c. 119, § 1; 4 Del. C. 1953, § 562; 55 Del. Laws, c. 296, § 2; 59 Del. Laws, c. 107, §§ 49, 50; 72 Del. Laws, c. 486, §§ 9, 19, 20.;