Delaware Administrative Code
Title 16 - Health and Safety
Department of Health and Social Services
Division of Social Services
Delaware Social Services Manual
5000 - Fair Hearing Practice and Procedures
Section 5000-5400 - Establishing Fair Hearing Requirements

A. The hearing will be held at a reasonable time, date, and place;

B. The hearing officer will be an impartial official and may not have been previously involved with the matters raised at the hearing outside his duties as hearing officer. This section will not prevent the hearing officer from rehearing a matter which has been remanded or hearing a case which may be related to prior cases with which he had contact in his capacity as hearing officer;

C. If the hearing involves medical issues such as those concerning a diagnosis, an examining physician's report or a medical review team's decision, a medical assessment other than that of the person or persons involved in making the original decision may be obtained at agency expense and may be made part of the record at the discretion of the hearing officer;

D. The hearing will be conducted in an orderly manner in order to assure that an adequate record of the proceedings is maintained;

E. Witnesses for the State or agency shall be prepared to present the reason for the action and the applicable rules in an orderly and concise manner;

F. When records are used as evidence, originals and legible copies of all documentation shall be provided for the hearing officer's record;

G. Only evidence presented at the hearing shall be considered by the hearing officer in reaching his decision;

H. A complete and exact record of the proceedings shall be made by electronic means. (When required, DSS will provide a transcript of the proceedings.)

I. The hearing clerk shall have custody of the records and papers of the hearing. The clerk shall not permit any original record or paper to be taken unless authorized to do so by the hearing officer. Original papers transmitted as the record on appeal or review shall upon disposition of the case be returned to the person or agency from which they were received. The clerk shall preserve copies of hearing records consistent with any State rule of records management.