Delaware Code

11 Del. C. § 8404A (2026)

Hearings

✓ current as of May 2026
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In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

(1) The chairperson shall select 3 members of the Commission to comprise a board which will hear evidence on the allegation (hereinafter “board”).

(2) Upon conclusion of the hearing provided for in this section, the board shall submit its findings and recommendation to the full Commission in writing for consideration and vote.

(3) The ultimate findings of the Commission shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Commission shall become final upon expiration of said appeal deadline.

(4) All hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

(5) Summaries of the Commission’s decisions shall be published on the Commission’s websites and are public records for purposes of the Freedom of Information Act (Chapter 100 of Title 29).

67 Del. Laws, c. 313, §  2;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 149, § 1; 
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2014–2025 · leading case: Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025).
Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025). · cites it 14× “6 See 11 Del. C. § 8404A (“In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individuals, that agency or individual shall be entitled to a hearing in the manner prescribed herein[.”
Haden v. Bethany Beach Police Dep't (Del. Super. Ct. 2014). · cites it 6× “Under 11 Del. C. § 8404A(3), appeals to this Court are permitted in certain circumstances.”
Joie v. The Delaware State Police (Del. Super. Ct. 2025). “11 Del. C. § 8404A. 64 See Brittingham, 113 A.”
11 Del. C. § 8404A(1): 1 case
Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025). “6 See 11 Del. C. § 8404A (“In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individuals, that agency or individual shall be entitled to a hearing in the manner prescribed herein[.”
11 Del. C. § 8404A(2): 1 case
Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025). “6 See 11 Del. C. § 8404A (“In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individuals, that agency or individual shall be entitled to a hearing in the manner prescribed herein[.”
11 Del. C. § 8404A(3): 2 cases
Haden v. Bethany Beach Police Dep't (Del. Super. Ct. 2014). “Under 11 Del. C. § 8404A(3), appeals to this Court are permitted in certain circumstances.”
Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025). “6 See 11 Del. C. § 8404A (“In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individuals, that agency or individual shall be entitled to a hearing in the manner prescribed herein[.”
11 Del. C. § 8404A(4): 2 cases
Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025). “6 See 11 Del. C. § 8404A (“In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individuals, that agency or individual shall be entitled to a hearing in the manner prescribed herein[.”
Haden v. Bethany Beach Police Dep't (Del. Super. Ct. 2014). “Under 11 Del. C. § 8404A(3), appeals to this Court are permitted in certain circumstances.”
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