CHAPTER 316

AN ACT TO AMEND CHAPTER 25, TITLE 24, DELAWARE CODE, RELATING TO PHARMACY.

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

Section 1. § 2554, Title 24, Delaware Code, is amended to read:

§ 2554. Hearings on applications; notice; hearing; records

(a) Before refusing an application to conduct a pharmacy, and in other cases where deemed advisable, the Board shall hold a hearing at which time, the applicant shall be afforded an opportunity to be heard after reasonable notice.

(b) The notice shall include a statement of the time, place and nature of the hearing.

(c) Opportunity shall be afforded the applicant to respond and present evidence and argument on the issues involved.

(d) The record in the case shall include:

(1) All pleadings, motions, intermediate rulings;

(2) Evidence received or considered;

(3) A statement of matters officially noticed;

(4) Questions and offers of proof, objections, and rulings thereon ;

(5) Proposed findings and exceptions;

(6) Any decisions, opinion, or report by the officer presiding at the hearing;

(7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.

(e) Oral proceedings or any part thereof shall be transcribed on request of any party.

(f) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(g) The Board shall notify the applicant in writing of its decision and reasons therefor.

Section 2. § 2527 (c), Title 24, Delaware Code, is amended by striking the word and figures "Section 2588" where they appear therein and inserting in lieu thereof the word and figures "Section 2587".

Section 3. § 2507, Title 24, Delaware Code, is amended by adding the following at the end thereof :

For issuing a permit for wholesalers of narcotics, licensed pursuant to Chapter 47, Title 16, Delaware Code, $10.

Approved April 29, 1966.