HOUSE BILL NO. 157
AS AMENDED BY
SENATE AMENDMENT NOS. 1 & 2
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE DEPARTMENTS AND FIRE POLICE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Title 16 of the Delaware Code by inserting as a new “§ 6712A – Suspension of Certificate by Commission Pending Hearing”. the following:
“§ 6712A. Suspension of Certificate by Commission Pending Hearing.
(a) Upon the receipt by the Commission of a court document charging an ambulance attendant or EMT licensed by the Commission with a felony, the Commission shall issue an order temporarily suspending the certificate holder’s certificate, pending a final hearing on the complaint. An order of suspension under this Section shall remain in effect for a period until such time as a determination of the case of said order.
(b) The certificate holder whose certificate has been temporarily suspended shall be notified forthwith in writing. Notification shall consist of a copy of the complaint and the order of suspension pending a hearing and shall be personally served upon the certificate holder or sent by certified mail, return receipt requested, to the certificate holder’s last known address.
(c) A certificate holder whose certificate has been suspended pursuant to this Section may request an expedited hearing. The Commission shall schedule the hearing on an expedited basis provided that the Commission receives the certificate holder’s request for an expedited hearing within 15 calendar days from the date on which the certificate holder received notification of the Commission’s decision to temporarily suspend the certificate holder’s certificate.
(d) As soon as possible, but in no event later than 180 days after the issuance of the order of temporary suspension, the Commission shall convene for a hearing on the complaint. In the event that a certificate holder, in a timely manner, requests an expedited hearing, the Commission shall convene within 15 days of the receipt by the Commission of such a request and shall render a decision within 15 days.
(e) An order of suspension will remain in effect until such time as a determination of the case. Upon a final decision of the Commission, the order of suspension shall be vacated in favor of the disciplinary action ordered by the Commission.”.
Approved July 12, 2007