A Delaware licensee receives a section 2413 discipline order by certified mail. How quickly must the licensee request a hearing to delay effectiveness under the non-emergency process?
Correct Answer
C) Within 10 days of the order’s mailing date
Delaware section 2413 states that if the licensee sends a written hearing request within 10 days of the order’s mailing date, the Commissioner holds a hearing and the non-emergency order does not become effective until the hearing concludes.
Why This Is the Correct Answer
Delaware section 2413 states that if the licensee sends a written hearing request within 10 days of the order’s mailing date, the Commissioner holds a hearing and the non-emergency order does not become effective until the hearing concludes.
Why the Other Options Are Wrong
Option A: Within 60 days of the next renewal date
The hearing request period is not 60 days from renewal.
Option B: Any time before the next calendar year
The statute gives a 10-day mailing-date period.
Option D: Only after the order has already become final
The process is designed to occur before non-emergency effectiveness.
Memory Technique
DE-C037 -> Delaware-prohibited-acts-and-enforcement
Exam Tip
Hearing timing is measured from the mailing date.
Common Mistakes to Avoid
- -Importing another state requirement into Delaware
- -Confusing NMLS baseline requirements with Delaware-specific rules
- -Treating operational assumptions as legal authority
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