Subchapter IV. Licenses
TITLE 29
State Government
General Regulations for State Agencies
CHAPTER 101. ADMINISTRATIVE PROCEDURES
Subchapter IV. Licenses
§ 10131. Hearings; notice.
(a) Hearings relating to licenses may be held at a time fixed in the discretion of the agency unless timely requested by a party or required by law or regulation.
(b) Whenever an agency proposes to grant, renew or extend a license, it may do so without notice unless a law or regulation requires notice and opportunity for a hearing.
(c) Whenever an agency proposes to deny an application for a license, timely and properly made, or to revoke, suspend, annul or withdraw a license or where it is required by law or regulation to give notice, it shall first give written notice to the licensee or applicant of the intended action and the reasons therefor. The form of the notice shall comply as far as practicable with § 10122 of this title, except that instead of setting a hearing date, it may afford the party at least 10 days to request a hearing.
(d) Notice of a hearing shall be given at least 20 days before the day it is to be held.
60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2.;
§ 10132. Effective date of agency's action.
(a) Whenever an application is made to renew a license or for a new license for an activity of a continuing nature, the activity does not become illegal until the application has been finally denied by the agency.
(b) Whenever an agency proposes to revoke, suspend, annul or withdraw a license, such action shall not be effective until a final order is issued, except when the public health, safety or welfare clearly requires emergency action and the agency's order so states.
60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2.;
§ 10133. Withholding or denying licenses.
No license or renewal for which proper and timely application has been made shall be withheld or denied except for failure of the applicant to comply with the applicable laws and regulations.
60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2.;
§ 10134. Revoking, suspending, annulling or withdrawing licenses.
No license shall be revoked, suspended, annulled or withdrawn unless the licensee fails to comply with the lawful requirements for retention of such license.
60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2.;