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Legislation Document
SPONSOR:
Rep. Bush & Sen. Mantzavinos
Rep. Lambert
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 139
AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 6605, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6605. Administration of Fund; adjudication of claims.
(a) The Insurance Commissioner
shall administer the Fund created under this chapter and shall
must
receive claims against the
Fund.
Fund under this chapter.
The Commissioner
shall
must
determine the validity of all such claims and determine whether a death resulting in any such claim was in the line of duty under terms set forth in § 6601 of this title. In making such determinations, the Commissioner may seek the guidance of the Attorney General.
As administrator of the Fund out of which benefits are paid under this chapter, the State Insurance Coverage Office established under Chapter 65 of this title has standing to contest any claim filed under this chapter, and the Commissioner must consider any such objections when rendering a decision on the validity of any claim.
(b)
The Commissioner
shall
must
hold a hearing on every
contested
claim, at which hearing the claimant may be represented by counsel.
The Commissioner may determine uncontested claims on the papers.
The Commissioner shall, at the hearing,
For all claims, the Commissioner must
receive evidence, make findings, and render a decision. The Commissioner
shall have
has
the power to subpoena witnesses and records and administer oaths and
shall
must
keep a written or taped record of all testimony
given before him or her.
given.
The Commissioner
shall
must
state, in writing,
his or her
the Commissioner’s
findings and the reasons for
his or her
the
decision.
(b)
(c)
The Commissioner may issue regulations governing the submission,
processing
processing,
and adjudication of claims, including regulations governing
hearings before him or her.
hearings.
SYNOPSIS
This substitute to House Bill No. 139 grants the Insurance Coverage Office, which is tasked by statute with adjusting all claims and paying losses covered by the Fund, standing to participate in line of duty death claims. Like House Bill No. 139, this substitute also eliminates a requirement for the Insurance Commissioner to hold a hearing for every Line-of-Duty Death claim, and instead mandates they occur only if the claim is contested, and makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.