2016 Delaware Code
Title 29 - State Government
CHAPTER 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT
§ 10210. Public hearings.

(a)(1) Between February 7 and the second Tuesday of March of each year, the Committee shall regularly and uniformly convene initial public hearings scheduled by the Chairperson, in order to provide an opportunity for the Committee to meet with the agencies under review and to help formalize a timetable for the reviews.

(2) Following an initial public hearing for an agency, the Committee may, at the call of the Chairperson, meet to discuss and consider actions and recommendations relating to the agency, with or without the staff of the agency under review.

(3) The Committee may, at the call of the Chairperson, hold a public hearing for an agency prior to February 7, if the draft report of the agency is complete.

(4) To encourage participation by the general public, hearings and meetings convened pursuant to this subsection must be held occasionally in the early evening hours.

(b) The highest administrative officer of an agency under review must be present at each public hearing or meeting relating to the agency and convened pursuant to this chapter, unless excused by the Chairperson, and at any Committee meeting where the officer's attendance is requested. The officer must be prepared to answer questions from members of the Committee and members of the general public.

(c) Notwithstanding the provisions of § 10203(f) of this title, at each initial public hearing held in accordance with the provisions of this chapter, individuals in attendance, including members of the general public, representatives of the agency under review, and witnesses on behalf of either the agency or the public, are entitled to be heard and to present their evidence for the record.

(1) Testimony and written materials that are offered by members of the general public may not be unreasonably refused, and must be retained and considered by the Committee during its evaluation of an agency.

(2) Testimony and written materials that are offered by an agency or by witnesses on behalf of the agency, including officers and others having a direct interest in the continued existence of the agency, must be accepted, but the testimony and written materials are not considered to have been offered by "members of the general public."

62 Del. Laws, c. 301, § 3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 221, § 1; 80 Del. Laws, c. 260, § 1.;