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Code · Delaware · Title 21 — Motor Vehicles · Chapter 33. Licensed Transporters

§ 3308. Notification of intent to suspend or revoke a license or deny an original or renewal application.

332 words·~2 min read·/de/title-21/chapter-33-licensed-transporters/3308·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No transporter license issued under this title may be suspended or revoked, nor may an application for licensure or renewal be denied, unless a notice of the Division’s intent to suspend or revoke the license or deny the application has been furnished to the applicant or licensee.
(b)The written notice may be sent to the applicant or licensee by certified mail, return receipt requested, addressed to the last known address as shown on the driver’s license, transporter license application, or other record of information in possession of the Division, or may be hand delivered to a person of suitable age and discretion at the licensed business location of the transporter. If the notice is returned as unclaimed, notice may be provided to the applicant or licensee in the same manner as service of process may be effected in civil litigation.
(c)The written notice must contain the following:
(1)The Division’s intention to suspend, revoke, or deny the application for licensure or renewal of the transporter license.
(2)The reason for the intended action, including any law or regulation allegedly violated by the transporter.
(3)A citation to the law or regulation giving the Division authority to act.
(4)The right of the applicant or licensee to request a hearing to dispute the intended action. The hearing must be requested within 10 days of the earlier of the date the applicant or licensee received the notice or the Division received the return receipt.
(5)The right of the applicant or licensee to present evidence, be represented by counsel, and appear personally or by representative at any hearing requested under this section.
(d)If no hearing is requested within the allotted time, the Division may issue a final decision, which may be provided to the applicant or licensee in the same manner as the written notice under this section.
(e)Any hearing requested by a transporter under this section must follow the procedures set forth in § 3310 of this title.
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