2025 Delaware Code
Title 3 - Agriculture
Chapter 13. NURSERIES AND NURSERY STOCK
§ 1311. Hearing procedures.

(a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary's designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary's designee shall issue a written decision to the alleged violator within 30 days of the conclusion of the administrative hearing.

(b) The Department shall notify in writing the person charged with a violation of this chapter of the date and time of the administrative hearing. The person charged with a violation of this chapter has the right to appear in person, to be represented by counsel, and to provide witnesses in the person's own behalf.

(c) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.

(d) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested on payment to the Department of the cost of preparing such transcript.