CHAPTER 419

AN ACT TO AMEND CHAPTER 81, PART V, TITLE 14, DELAWARE CODE, RELATING TO HIGHER EDUCATION ADVISORY COMMISSION, MEMBERSHIP, QUORUM AND PUBLIC HEARINGS.

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

Section 1. Section 8104, Chapter 81, Part V, Title 14, Delaware Code, is hereby amended by striking said section and substituting in lieu thereof a new Section 8104 as follows:

§ 8104. Public members

(e) Five members shall represent the general public, and shall not be State employees or employees, officers or members of the governing board of any educational institution or school.

(f) Two of the public members shall be residents of New Castle County outside the City of Wilmington; one shall be a resident of the City of Wilmington; one shall be a resident of Kent County; and one shall be a resident of Sussex County.

(g) No more than three of the members appointed pursuant to this section shall be members of the same political party.

Section 2. Section 8105, Chapter 81, Part V, Title 14, Delaware Code, is hereby amended by adding a new subsection

() to said section, as follows:

(d) One member shall be appointed who shall be an officer, employee or member of the governing body of the Delaware Institute of Technology.

Section 3. Section 8109, Chapter 81, Part V, Title 14, Delaware Code, is hereby amended by striking subpart (2) of subsection (b) and substituting a new subpart (2) as follows:

(2) provide that the funds allotted (or reallotted) to the State for any year under Section 103 of the Federal Higher Education Facilities Act of 1963, (or any amendment thereof) will be available only for use for the construction of academic facilities for public community colleges and public technical institutes and that funds allotted (or reallotted) for any year to this State under Section 104 of the Federal Higher Education Facilities Act of 1963, (or any amendment thereof) will be available only for use for the construction of academic facilities for institutions of higher education other than public community colleges and public technical institutes, except that any funds which are allotted (or reallotted) to the State for any fiscal year under Section 103 of the Federal Higher Education Facilities Act of 1963 (or any amendment thereof) and for which applications have not been received by January 1 of such fiscal year may be made available by the Commission for payment of the federal share of the cost of projects under Section 104 of the aforementioned Act, and except that any funds which are allotted (or reallotted) to the State for any fiscal year under Section 104 of the Federal Higher Education Facilities Act of 1963 (or any amendment thereof) and for which applications have not been received by January 1 of such fiscal year may be made available by the Commission for payment of the federal share of the cost of projects under Section 103 of the aforementioned Act.

Section 4. Section 8111, Chapter 81, Part V, Title 14, Delaware Code, is hereby amended by striking said section and substituting in lieu thereof a new Section 8111 as follows:

§ 8111. Review of determinations

(a) The Commission shall afford to every applicant which has filed with the Commission a written application for project approval an opportunity for a fair hearing before the Commission as to the priority assigned to such project or as to any other determinations of the Commission adversely affecting such applicant. An applicant so affected shall request such a review by filing with the Commission a written protest requesting a hearing before the Commission, stating the determination to which objection is made, stating the nature of the protest, and setting forth a statement of facts in support of the protest.

(b) An applicant must file its written protest within fifteen days of the date of the letter notifying the applicant of the determination of the Commission.

(c) The hearing before the Commission for the review of its determination shall be public, and the Commission shall at least ten days prior to the hearing notify the applicant who has requested the hearing and all other applicants who have projects pending before the Commission of the time, date and place of the hearing.

(d) At the hearing any applicant who has a project pending before the Commission may be represented by counsel. Any applicant which has filed its notice of protest pursuant to (a) and (b) of this section may present evidence to substantiate its protest and may be cross-examined by any other applicant.

Section 5. Section 8113, Chapter 81, Part V, Title 14, Delaware Code, is hereby amended by striking said section and substituting in lieu thereof a new Section 8113 as follows:

§ 8113. Quorum

No decision of the Commission shall be binding unless a majority of the membership is present, including not less than fifty percent of the institutional membership and not less than fifty percent of the non-institutional membership.

Approved August 1, 1968.