2016 Delaware Code
Title 14 - Education
CHAPTER 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS
Subchapter II Four-Tiered Licensure System
§ 1217. Denial of licenses.

(a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant's application for a license for failure to meet the qualifications for a license. The Department may further deny a license to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and (b) of this title.

(b) The Department shall not take action to deny a license under this section without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.

(c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony.

(d) The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable laws and regulations.

72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 268, § 1.;