(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 2115 of this chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of rules of evidence. If the Board finds by a majority vote of all members that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, that practitioner may appeal the Board's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
Structure Delaware Code
Title 24 - Professions and Occupations
§ 2101. Definition of practice of optometry.
§ 2103. Organization; meetings; officers; quorum.
§ 2110. Internship requirements; temporary licenses.
§ 2111. Certification and registration for successful applicants.
§ 2112. Issuance and renewal of licenses.
§ 2113. Grounds for refusal, revocation or suspension of licenses [Effective until Jan. 1, 2023].
§ 2113. Grounds for refusal, revocation or suspension of licenses [Effective Jan. 1, 2023].
§ 2115. Disciplinary sanctions.
§ 2117. Reinstatement of a suspended license; removal from probationary status.
§ 2119. Discrimination by state boards between optometrists and ophthalmologists forbidden.
§ 2121. Continuing education requirements.
§ 2122. Prescription requirements.
§ 2123. Duty to report conduct that constitutes grounds for discipline or inability to practice.