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. Rule 8. Joinder. Violations which result in civil penalties may be charged in the same charging document with criminal offenses where the offenses are based on the same act or transaction or constituting parts of a common scheme or plan. In the event that an offense which results in a civil penalty is charged with a criminal offense arising out of the same incident, the offenses shall remain joined for adjudication. If the Justice of the Peace Court has jurisdiction over both the civil and criminal charges, the defendant may elect to have both charges tried in the Justice of the Peace Court. If the Justice of the Peace Court does not have jurisdiction over any of the joined offenses, all offenses shall be transferred to the Court of Common Pleas or, if designated by statute, the Superior Court. If the Justice of the Peace Court and the Court of Common Pleas have concurrent jurisdiction over joined violations, the defendant may elect to transfer all violations to the Court of Common Pleas.