(a) An official record including testimony and exhibits shall be kept of the hearing.
(b) The hearing shall be conducted within the department by an impartial board of officers. The prosecuting party and the officer and/or the officer’s representative shall be given an opportunity to present evidence and argument with respect to the issues involved. Both the department and the officer may be represented by legal counsel. In the event an impartial board cannot be convened, then a board of 3 officers or more shall be convened under the auspices of the Delaware Criminal Justice Council. Any officer appointed under this subsection, either within the department or under the auspices of the Criminal Justice Council, shall not be liable for civil damages from any acts or omissions arising out of such officer’s service on the board as long as the member of the board of officers acted in good faith and without malice in carrying out that member’s responsibilities or duties. A member of the board of officers is presumed to have acted in good faith and without malice unless proven otherwise.
(c) Evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs shall be admissible in evidence and given probative effect. The tribunal conducting the hearing shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All records and documents which any party desires to use shall be offered and made a part of the record. Documentary evidence may be received in the form of copies of excerpts or by incorporation by reference.
(d) Every party shall have the right of cross-examination of witnesses who testify and may submit rebuttal evidence.
(e) The tribunal may take notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified beforehand of the materials so noticed by the trial board. No law-enforcement officer may be adjudged guilty of any offense unless the hearing tribunal is satisfied that guilt has been established by substantial evidence.
65 Del. Laws, c. 12, § 1; 65 Del. Laws, c. 139, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 166, § 1.
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