2023 Delaware Code
Title 29 - State Government
Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT
§ 10209. Full review; hearing notice; committee staff duties; committee duties.
(a) The purpose of a full review is to evaluate an entity and its statues, policies, rules, regulations, and programs.
(b) Notice of hearing. —
Whenever possible, the Committee shall give 2 weeks' notice to an entity under full review of a committee hearing related to that entity; however, lack of notice does not affect the lawfulness of a committee action or decision.
(c) Committee staff duties. —
To prepare the committee for a full review of an entity, committee staff shall do all of the following:
(1) Fulfill staff's duties under § 10207(f) of this title, relating to the entity's self-report.
(2) Conduct a thorough review of the information that the entity under review provides in its self-report under § 10207(a) of this title.
(3) Obtain, verify, and review each report, audit, or action taken by another entity or organization concerning the entity under review.
(4) Performance evaluation. —
Conduct a performance evaluation of the entity under review.
a. The purpose of a performance evaluation is to do all of the following:
1. Improve the entity's accountability, effectiveness, and efficiency.
2. Determine how well the entity has served and is serving the public need.
b. A performance evaluation must be based on, at a minimum, all of the following:
1. Program effectiveness, including analysis of both of the following:
A. If the entity is a licensing entity, the extent to which the entity has permitted qualified applicants to be licensed.
B. The extent to which the entity has served the public need, using the criteria for review under § 10211 of this title.
2. Whether the entity has sufficient internal controls to achieve effective and efficient operations and provide a reliable reporting mechanism for internal and external use.
3. Whether the entity has complied with a law or another requirement that affects the entity's performance, including the extent to which the entity has recommended statutory changes, and whether those changes directly benefit the public or primarily benefit the entity, or another entity or organization, and benefit the public only indirectly.
(5) Prepare a staff report.
a. Staff shall compile and produce a staff report. The staff report must include information that assists the Committee in conducting a thorough review of the entity and meet the Committee's requirements under this section. The staff report must include at least all of the following:
1. Background information on the entity.
2. Staff's analysis, conclusions, and recommendations arising from the staff's independent research and information that the entity submits, including from the entity's self-report.
3. The entity's response, if any, to staff's analysis, conclusions, and recommendations.
4. Additional research that the Committee may request.
b. After staff produces the staff report, staff shall provide the entity an opportunity to review and comment on the report before the submitting the report to the Committee or making the report available to the public.
c. After the Committee and the entity under review receive the staff report, staff shall make the report available to the public.
(d) Committee duties. —
To review an entity, the committee shall do all of the following:
(1) Conduct the review at a public hearing.
(2) Consider the staff report and additional information that the entity under review or committee staff may provide.
(3) Deliberate and consider recommendations in the staff report.
(4) Create additional recommendations that the Committee determines is necessary or appropriate.
(5) Review the implementation of recommendations, if any, contained in an annual report relating to a previous full review or focused review of the entity.
(6) Take testimony relating to the full review or focused review from additional persons at the request of a committee member and approval of the chair.
