(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging a violation of § 3009 of this title, 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 shall be 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 Board 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 the decision. The decision shall be mailed immediately to the licensee.
(c) A licensee may appeal the Board's decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to the licensee. The appeal shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. A stay may be granted in accordance with that act.
(d) All decisions of the Board regarding suspension or revocation of a license shall be made public by the Division in a news release to major media outlets in this State. The release may include any information deemed public under the Delaware Freedom of Information Act, Chapter 100 of Title 29, and shall include a telephone contact number for the Division for further information.
Structure Delaware Code
Title 24 - Professions and Occupations
Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS
Subchapter I. Board of Mental Health and Chemical Dependency Professionals
§ 3002. Definitions [Effective until Jan. 1, 2023].
§ 3002. Definitions [Effective Jan. 1, 2023].
§ 3004. Organization; meetings; officers; quorum.
§ 3008. Issuance and renewal of licenses.
§ 3009. Grounds for discipline.
§ 3010. Complaints and investigations.
§ 3011. Disciplinary sanctions.
§ 3013. Reinstatement of a suspended license; removal from probationary status.
§ 3017. Privileged communications.
§ 3018. Duty to report conduct that constitutes grounds for discipline or inability to practice.