Delaware Code

16 Del. C. § 4736 (2026)

Hearings before the Secretary; subpoenas; judicial review

✓ current as of May 2026

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(a) Any registrant complained against under this chapter may appear personally or by counsel at the hearing and produce any competent evidence on the registrant’s behalf in answer to the complaint. Hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. The Secretary shall be authorized to administer oaths, examine witnesses and issue notices of hearings or subpoenas requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such hearing, and subpoenas shall also be issued at the request of the applicant or person complained against. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Secretary to issue an order requiring such person to appear and testify or produce evidence as the case may require.

(b) Any registrant aggrieved by a decision of the Secretary to deny, suspend, limit, revoke or refuse to renew registration under this chapter may appeal such decision to Superior Court. Such appeal shall be governed by the Administrative Procedures Act. When notified of an appeal under this section, the Secretary shall forward to Superior Court a certified and complete copy of the written transcripts of evidence adduced at the hearing before the Secretary together with a written copy of the Secretary’s findings and rulings and the Secretary’s reasons therefor.

16 Del. C. 1953, § 4735; 58 Del. Laws, c. 424, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 164, § 1;

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).

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Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020). · cites it 2× “” I have also carefully reviewed the record to determine whether the Board and the Secretary could have “fairly and reasonably” reached their conclusions.’ “It is a low standard to affirm and a high standard to overturn.”

Cary v. Delaware Sec'y of State (Del. Super. Ct. 2022). “6 16 Del. C. § 4736(b); 29 Del. C. §§ 10102(4) & 10142(a).”

— 16 Del. C. § 4736(b) — 2 cases

Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020). “” I have also carefully reviewed the record to determine whether the Board and the Secretary could have “fairly and reasonably” reached their conclusions.’ “It is a low standard to affirm and a high standard to overturn.”

Cary v. Delaware Sec'y of State (Del. Super. Ct. 2022). “6 16 Del. C. § 4736(b); 29 Del. C. §§ 10102(4) & 10142(a).”

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