2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10211. Criteria for full review.

§ 10211. Criteria for full review.
(a) Standard. — (1) In conducting a full review of an entity, the Committee shall assess the entity based on each of the following:
a. Whether the entity is meeting a genuine Delaware state need.
b. Whether the entity should and can be strengthened or supported so that it can perform correctly to meet its purpose.
(2) The genuine public need for an entity under full review and whether the entity is satisfactorily meeting that need is not assumed. The entity has the burden of showing, through the criteria for review under subsection (b) of this section, that there is a genuine public need and that the entity is meeting that need.
(b) Criteria for review. —
The criteria to conduct a full review of an entity are as follows:
(1) The purpose of the act establishing the entity and the manner of the entity's operation designed to achieve the purpose.
(2) Whether it can be independently established, apart from information supplied by the entity or persons having a direct interest in the continued existence of the entity, that the termination of the entity would be detrimental to the public health, safety, or welfare, and whether a possibility exists that the termination would be beneficial to the public health, safety, or welfare.
(3) An assessment of less restrictive or other methods of achieving the stated objectives of the act establishing the entity and if those other methods provide as much protection to the public.
(4) Whether a law establishes a clear mandate to the entity and whether the entity has complied with the mandate, if any, in the best interests of the general public.
(5) Whether another program, activity, or entity has the same or similar objectives, and, if so, a comparison of the costs and effectiveness of that program, activity, or entity, and the identification of a duplicate program, activity, or entity with that of the entity under review.
(6) Whether, in the 3 years before the entity's full review, the entity has recommended to the General Assembly only statutory changes of primary benefit to the public, or if the recommended changes were primarily of benefit to the entity or the occupation, business, or institution which the entity serves or regulates.
(7) The efficiency with which the entity meets its statutory objectives.
(8) Whether applications and formal public complaints filed with the entity have been processed effectively and fairly.
(9) Whether the entity has issued professional or occupational licenses only to qualified applicants, and whether the entity has unfairly restricted access to a person wishing to engage in a regulated business, occupation, or profession.
(10) The extent to which the entity has encouraged participation by the public in making an entity rule, regulation, or decision, as opposed to participation solely by those the entity regulates, and the extent to which public participation has resulted in a rule, regulation, or decision compatible with the objectives of the entity.
(11) Whether the entity has operated in an open and accountable manner with public access to records and meetings, and whether there are safeguards against possible conflicts of interests.
(12) Whether an entity's provision or rule relating to ethical conduct, if any, is in fact limited to ethical or moral conduct, or if the provision or rule contains primarily commercial prohibitions and restrictions relating to profits, advertising, or another business topic.
(13) The extent to which the entity has complied with Chapters 58, 100, and 101 of this title; § § 6506, 6512, and 6519 of this title; and Section 8 of Article XV of the Delaware Constitution, or with the requirements of a law which is a direct successor to any of those listed in this paragraph (b)(13).
(14) A claimed impact as a result of federal intervention or loss of federal funds if the entity is terminated, the impact of which must be fully substantiated.
(15) Additional criteria that the Committee determines is appropriate or necessary to complete the entity's full review.
62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 11;