CHAPTER 296

AN ACT TO AMEND SUBCHAPTER VI, CHAPTER 5, TITLE 4, DELAWARE CODE, RELATING TO CANCELLATION OR SUSPENSION OF LICENSES GRANTED BY THE DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. §561 (b), Title 4, Delaware Code, is amended by striking the words "it has reasonable ground to believe that" where they appear in the second line thereof.

Section 2. §562, Title 4, is stricken and a new § 562 is inserted in lieu thereof to read as follows:

§ 562. Public hearing and right of appeal

(a) No license shall be cancelled or suspended (1) until the licensee has been given a public hearing by the Commission at which time the licensee shall be entitled to legal representation and to present witnesses and (2) unless the ground therefor shall be established by clear and convincing evidence. A full and complete record shall be kept of all proceedings incident to such hearing. All testimony shall be recorded but need not be transcribed unless an order of the Commission shall be appealed to the Superior Court as set forth in Subsection (c) hereof.

(b) Any order of the Commission relative to suspension or cancellation of a license shall become final 10 days after the licensee receives notice thereof, unless an appeal is timely made.

(c) Within 10 days after receipt of notice of an order of suspension or cancellation of a license by the Commission, the licensee affected thereby may secure judicial review thereof by commencing an action in the Superior Court in the County in which the licensee's place of business is located. No bond shall be required for entering such appeal.

(d) In such action, a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the Commission. Service upon the Executive Secretary or in his absence, upon his temporary successor, shall be deemed completed service. With its answer, the Commission shall certify and file with the Court all documents and papers and a transcript of all testimony taken in the matter, together with the Commission's findings therein.

(e) An appeal without bond may be taken from the decision of the Superior Court to the Supreme Court of this State in the same manner as is provided in civil cases. Upon the final determination of judicial proceedings, the Commission shall enter an order in accordance with such determination or shall take such further or other action as the Court may order. A petition for judicial review shall act as a supersedeas.

Approved February 18, 1966.