(a) Subject to the provisions of this chapter and the rules and regulations promulgated by the Board, the Board may impose any of the following sanctions set forth in subsection (b) of this section if a finding has been made by the Board that a constable has engaged, or is engaging, in any of the following activities:
(1) Working as a constable without a commission.
(2) Failing to maintain training and in-service requirements.
(3) Has a felony or prohibited misdemeanor arrest or conviction under § 5607 of this title.
(4) Failing to notify the Board of termination of employment.
(5) Working outside the lawful duties of employment as a constable.
(6) Submitting false or fraudulent information on any application for commission.
(7) Failing to surrender a revoked identification card or badge.
(8) Failing to carry or display a board-approved constable badge during the scope of employment.
(9) Violating any provision of this chapter or any rule or regulation promulgated by the Board.
(b) Disciplinary sanctions. —
The Board may issue the following sanctions for violations under subsection (a) of this section:
(1) Permanent revocation of commission or identification card.
(2) Suspension of a commission.
(3) Issuance of a written reprimand.
(4) Denial of the issuance of a commission or identification card.
(5) Denial of an application to renew a commission or identification card.
(6) Issuance of an administrative penalty of no more than $100. The failure of a constable to pay the administrative penalty within 30 days after the penalty has been assessed shall be grounds for suspension or revocation of the constable's commission.
(7) Any other disciplinary sanction permitted by law.
(c) Procedure. —
(1) After receipt of written notice from the Section of the Board's proposal to deny, suspend or revoke a commission or identification card, the constable shall be afforded a hearing before the Board.
(2) The constable shall submit in writing, within 30 days from the date of receipt of the written notice of a proposal to deny, suspend or revoke, a request for a hearing before the Board.
(3) A hearing panel consisting of 3 members of the Board shall be convened to hear the appeal. The panel shall be comprised of the Chair of the Board or the Chair's designee, a board member from a police agency, and a board member from a constable agency.
(4) The constable shall appear in person and may be represented by counsel. The constable may present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under subsection (d) of this section. The Delaware Rules of Evidence will apply to the presentation of evidence. A record shall be kept of all public hearings, a transcript of which shall be provided, at cost, upon request. All decisions shall be by a majority of the members of the hearing panel.
(d) The Board may issue subpoenas, sua sponte, or at the request of the constable, and order discovery in aid of investigations and hearings under this chapter. Subpoenas shall be signed by the Chair of the Board and may be served by any sheriff, deputy sheriff, constable or any member of the Board. Proof of receipt of the subpoena shall be made to the Board. Issuance of subpoenas and all discovery shall be subject to the same limitations as would apply in a civil action in the Superior Court. Provided, however, that subpoenas and discovery, in aid of investigation, are first to be reviewed by the Attorney General to determine whether there is reason to believe that there has been a violation of this chapter.
Structure Delaware Code
Title 24 - Professions and Occupations
§ 5603. Constable Board of Examiners.
§ 5604. Duties and responsibilities of the Board.
§ 5605. Duties of the Professional Licensing Section.
§ 5607. Qualifications and training.
§ 5609. Powers and duties of constables.