Delaware General Assembly


CHAPTER 131

FORMERLY

SENATE BILL. NO. 243

AN ACT TO AMEND CHAPTER 83, TITLE 29, DELAWARE CODE, RELATING TO THE BOARD OF PENSION TRUSTEES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §8308, Chapter 83, Title 29, Delaware Code, by adding thereto a new Subsection 9 to read as follows:

"(9)(a) In any hearing the Board may designate to act as a Hearing Officer one or morc of its members. The Hearing Officer shall hear the evidence and arguments presented by the parties. He shall have all the powers of the Board in respect to the conduct of a hearing.

(b) In every case, the Hearing Officer shall prepare a report containing his findings of fact and conclusions of law within 20 days of the hearing. He shall send a copy of the report to the parties who shall have 15 days after the report is malted to them within which to file exceptions to the report with the Hearing Officer. The Hearing Officer shall review any exceptions filed by the parties and may amend his report in response to them. He shall transmit his final report, with any amendments and the full record of the hearing, including copies of any exceptions filed, to the Board within 15 days after the period for filing exceptions has expired.

(c) The Board may accept, reject or modify the Hearing Officer's final report and shall notify the parties of its action by mall.

(d) The Board's final action may be appealed to the Superior Court within 30 days after it is mailed to the parties by the Board. The appeal shall be on the record.

Approved July 4. 1985.