Current through Register Vol. 28, No. 3, September 1, 2024
9.1 The OPC may
hold a hearing if:
9.1.1 An applicant or
existing Certified public carrier appeals a decision rendered by the OPC in
accord with Section
8.0.
9.1.2 A public carrier objects to the OPC's
imposition of any fine or penalty in accord with this Act.
9.1.3 The party requesting the appeal has
complied with all terms and conditions set forth in this
Act.
9.2 Hearing
Procedure
9.2.1 The OPC shall appoint a
hearing officer who will conduct the hearing. The hearing officer will have the
authority to administer oaths, set the hearing location, set the manner in
which evidence and testimony will be provided at the hearing, examine witnesses
and receive evidence.
9.2.2 The OPC
will set the date, time and place of the hearing. A party to the hearing may
propose alternate dates, times and locations for the hearing but the final
determination shall rest with the hearing officer.
9.2.3 Hearings shall be held within 30 days
of the OPC's receipt of a request for a hearing that complies with this Act,
unless all parties to the hearing mutually agree to extend the time in which
the hearing may be held.
9.2.4
Hearing adjournments are at the sole discretion of the hearing officer. A party
may request a hearing adjournment. Any request for an adjournment must be in
writing and contain the reason(s) the adjournment is being requested. The
hearing officer may request supporting documentation from the party requesting
the adjournment.
9.3 All
parties to the hearing may submit a brief summarizing their position and relief
sought. The briefs shall be in writing and be submitted to the hearing officer
no less than 1 week before the hearing date. The parties to the hearing must
provide each party their brief no less than 1 week before the hearing
date.
9.4 Any party may retain a
court reporter to create a record of the hearing. The cost of the reporter
shall be borne by the party securing the reporter. At the completion of the
hearing, transcripts of the hearing shall be provided to the hearing officer
and all parties participating in the hearing, no less than 2 weeks after the
close of the hearing by the hearing officer. If more than one party retains a
court reporter and the parties cannot agree as to which transcript will be the
official transcript of the hearing, the hearing officer shall determine which
court reporter will be the official record keeper prior to the start of the
hearing.
9.5 If a court reporter is
not retained by any party the hearing officer's notes and submitted evidence
and testimony shall be the basis for the hearing officer's
determination.
9.6 Presentation of
evidence at the hearing shall be accomplished as follows:
9.6.1 The hearing officer shall set the order
in which testimony and evidence shall be presented.
9.6.2 Any party to the hearing may appear and
be heard in person or by an attorney at law in good standing in the State of
Delaware. A corporation or association may be represented by a bona fide
officer thereof.
9.6.3 Persons
claiming the hearing may have a direct effect on them or their business, and
their interests are not adequately represented by the parties to the hearing,
may request to intervene in the hearing. A request to intervene must be
submitted in writing to the hearing officer no less than 10 days prior to the
hearing date. The request must contain the name, address, email address and
telephone number of the intervenor. The request to intervene must clearly state
the reason(s) upon which the intervention is being requested. The intervention
request will be provided to all parties to the hearing for comment. Any
comments to a request to intervene shall be submitted in writing to the hearing
officer no less than 3 days from the receipt of the notice to intervene as
transmitted by the OPC. The hearing officer shall have sole discretion as to
allow the intervention.
9.6.4 At
the hearing, all parties to the hearing shall enter their appearance for the
record before any evidence or testimony is received by the hearing
officer.
9.6.5 Witnesses may be
examined at the hearing in accord with the process set by the hearing officer.
The hearing officer may also examine a witness.
9.6.6 Any party present at the hearing who
becomes disruptive may, at the direction of the hearing officer, be barred and
removed from the hearing until such time the hearing officer allows the party
to return.
9.7 Conclusion
of Hearings
9.7.1 The hearing officer will
close the hearing upon the hearing officer's determination that sufficient
evidence and testimony has been received upon which an informed decision can be
rendered.
9.7.2 The hearing
officer, at the close of the hearing, will invite the parties to submit a
concluding brief which is to be submitted no more than 7 days after the
conclusion of the hearing. The submission of a concluding brief is at the
discretion of each party.
9.7.3 The
hearing will be declared closed the day after concluding briefs are to be
submitted.
9.7.4 The hearing
officer will render a written decision within 30 days of the date the hearing
was declared closed. The hearing officer's decision will be effective the date
it is signed by the hearing officer.
9.8 Nothing in this section shall preclude a
party from seeking relief from the Delaware Courts after a final decision is
rendered by the OPC's hearing officer. The hearing officer's written decision
is a condition precedent to requesting relief from the Delaware
Courts.
