{"data":{"id":"us-de/16-del.-c.-5624","jurisdiction":"us-de","citation":"16 Del. C. § 5624","heading":"Hearing officer; burden of proof; records [For application of this section, see 85 Del. Laws, c. 461, § 12].","body":"(a) The Secretary shall appoint a hearing officer to conduct the hearing.\n(b) A hearing officer may do any of the following:\n(1) Issue subpoenas for witnesses and other sources of evidence.\n(2) Administer oaths to witnesses.\n(3) Exclude irrelevant, immaterial, insubstantial, cumulative, and privileged evidence.\n(4) Limit unduly repetitive proof, rebuttal, and cross-examination.\n(5) Hold prehearing conferences to do any of the following:\na. Settle or simplify issues by consent.\nb. Dispose of procedural requests or disputes.\nc. Regulate and expedite the course of the hearing.\n(c) A provider organization has the burden of proof.\n(d) The Department shall record the hearing to allow for verbatim transcription. Upon a provider organization’s request and at the provider organization’s expense, the Department shall provide a transcription of a recording made under this subsection.\n(e) The Department shall maintain a record related to the hearing that includes copies of at least the following:\n(1) Notices.\n(2) Correspondence.\n(3) Exhibits, documents, and testimony that the hearing officer admitted into evidence.\n(4) Hearing decisions.\n(5) Corrective action plans.\n(6) Orders concerning disciplinary action.\n(7) The recording of the hearing.","path":["Title 16. Health and Safety","Part V. Mental Health","Chapter 56. Behavioral Health [For application of this chapter, see 85 Del. Laws, c. 461, § 12]","Subchapter III. Disciplinary Actions, Appeals, Hearings, and Judicial Review [For application of this subchapter, see 85 Del. Laws, c. 461, § 12]"],"source_url":"https://delcode.delaware.gov/title16/title16.pdf","current_through":"2026-10-01 (85 Del. Laws, c. 550)","vintage":"","retrieved_at":"2026-10-21T05:49:39Z","sha256":"85bbd6de7c296c22e46aae96918eda5da44c6c0ef0a032b0b557e88dfaed132f","source_id":"us-de","stale":false,"prev":"us-de/16-del.-c.-5623","next":"us-de/16-del.-c.-5625"},"notice":"GroundRules: Original legal text. Not legal advice."}