(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 mail a written decision to the alleged violator within 30 days of the conclusion of the administrative hearing.
(b) The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel, and to provide witnesses in his or her 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 person.
Structure Delaware Code
Chapter 13. NURSERIES AND NURSERY STOCK
§ 1302. Nursery industry licensing requirements.
§ 1303. Inspection of nurseries and businesses, nursery stock certification.
§ 1304. Plant pest infestations.
§ 1305. Shipping, labeling and certification requirements.
§ 1306. Shipment of nursery stock into state; labeling and certification.
§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.
§ 1308. Labeling and advertising of nursery stock.