Rule 7 Hearings

(a) Timely Request. Upon receipt of a timely request for a hearing, a civil hearing shall be scheduled and the defendant notified of the date and time by first class mail.

(b) Applicable rules. All hearings conducted at the Justice of the Peace Court shall be conducted pursuant to Justice of the Peace Court Criminal Rules or applicable policy directives. If no procedure is specifically prescribed by these Rules, the Court may proceed in any lawful manner not inconsistent with the Rules of another Delaware Court, with applicable Justice of the Peace Court Criminal Rules, or with any applicable statute.

(c) Standard of Proof. Violations resulting in civil penalties shall be established by a preponderance of the evidence. In instances where a civil violation and a criminal violation are joined for adjudication, the civil penalty shall be established by a preponderance of the evidence and the criminal penalty shall be established beyond a reasonable doubt.