§ 10134. Revoking, suspending, annulling or withdrawing licenses.
§ 10134. Revoking, suspending, annulling or withdrawing licenses. No license shall be revoked, suspended, annulled or withdrawn unless the licensee fails to comply with the lawful requirements for retention of such license. 60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2;
§ 10141. Review of regulations.
§ 10141. Review of regulations. (a) Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. (b) No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review […]
§ 10142. Review of case decisions.
§ 10142. Review of case decisions. (a) Any party against whom a case decision has been decided may appeal such decision to the Court. (b) The appeal shall be filed within 30 days of the day the notice of the decision was mailed. (c) The appeal shall be on the record without a trial de […]
§ 10143. Mandamus for agency action.
§ 10143. Mandamus for agency action. Any person aggrieved by the failure of an agency to take action required of it, by law, may bring an action in the Court for an appropriate writ of mandamus. 60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2;
§ 10144. Stay pending review.
§ 10144. Stay pending review. When an action is brought in the Court for review of an agency regulation or decision, enforcement of such regulation or decision by the agency may be stayed by the Court only if it finds, upon a preliminary hearing, that the issues and facts presented for review are substantial and […]
§ 10145. Commencement of review.
§ 10145. Commencement of review. No petition, appeal or other application for relief of the Court shall be considered as having been taken or made until it has been filed with the Prothonotary and served upon the agency in accordance with the rules of the Court. 60 Del. Laws, c. 585, § 1; 62 Del. […]
§ 10161. State agencies affected.
§ 10161. State agencies affected. (a) This chapter shall apply only to the following agencies: (1) Appeals Commission, as defined by § 301(b) of Title 4; (2) State Banking Commissioner; (3) Public Service Commission; (4) Real Estate Commission; (5) Delaware Human and Civil Rights Commission; (6) Tax Appeal Board; (7) State Insurance Commissioner; (8) Industrial […]
§ 10128. Decision; final order.
§ 10128. Decision; final order. (a) The agency shall make its decision based upon the entire record of the case and upon the summaries and recommendations of its subordinates. (b) Every case decision of any agency shall be incorporated in a final order which shall include, where appropriate: (1) A brief summary of the evidence; […]
§ 10129. Ex parte consultations.
§ 10129. Ex parte consultations. No member or employee of an agency assigned to participate in any way in the rendering of a case decision shall discuss or communicate, directly or indirectly, respecting any issue of fact or law with any person or party, except upon notice to and opportunity for all parties to participate. […]
§ 10131. Hearings; notice.
§ 10131. Hearings; notice. (a) Hearings relating to licenses may be held at a time fixed in the discretion of the agency unless timely requested by a party or required by law or regulation. (b) Whenever an agency proposes to grant, renew or extend a license, it may do so without notice unless a law […]