§ 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;
§ 10121. Application of subchapter.
§ 10121. Application of subchapter. This subchapter shall apply to all agency case decisions except: (1) Decisions relating to the assessment of taxes or tax penalties made by the Tax Appeals Board; or (2) Temporary restraining orders and similar orders authorized by law to be issued summarily. 60 Del. Laws, c. 585, § 1; 62 […]
§ 10122. Notice of proceedings.
§ 10122. Notice of proceedings. Whenever an agency proposes to proceed for a case decision, it shall give 20 days’ prior notice to all parties as follows: (1) The notice shall describe the subject matter of the proceedings; (2) The notice shall inform the parties of the opportunity, if permitted by law, to elect to […]
§ 10123. Informal fact-finding.
§ 10123. Informal fact-finding. Where a formal hearing is not required by law and where the parties agree in advance to proceed in such manner, the agency shall acquire the information upon which it bases its decision by means of informal conference or consultation among the parties as follows: (1) The agency shall conduct the […]
§ 10124. Public hearings; notice.
§ 10124. Public hearings; notice. When required by law or when the parties do not consent to informal proceedings, or when the matters at issue involve price fixing, rate making or similar matters of general public interest, as determined by the agency, the agency shall conduct a formal, public evidentiary hearing to which the following […]
§ 10125. Conduct of public hearings; burden of proof; record.
§ 10125. Conduct of public hearings; burden of proof; record. (a) The hearing may be conducted by the agency or by a subordinate designated for that purpose. (b) In connection with such hearings, the agency or its designated subordinate may be empowered to: (1) Issue subpoenas for witnesses and other sources of evidence, either on […]
§ 10126. Proposed orders.
§ 10126. Proposed orders. (a) Whenever a subordinate presides over an informal conference or a formal hearing, the subordinate shall prepare a proposed order for the consideration of the agency which shall include: (1) A brief summary of the evidence and recommended findings of fact based upon the evidence; (2) Recommended conclusions of law; and […]
§ 10101. Policy.
§ 10101. Policy. The purpose of this chapter is to standardize the procedures and methods whereby certain state agencies exercise their statutory powers and to specify the manner and extent to which action by such agencies may be subjected to public comment and judicial review. 60 Del. Laws, c. 585, § 1; 62 Del. Laws, […]
§ 10127. Record.
§ 10127. Record. With respect to each case, all notices, correspondence between the agency and the parties, all exhibits, documents and testimony admitted into evidence and all recommended orders, summaries of evidence and findings and all interlocutory and final orders of the agency shall be included in the agency’s record of the case and shall […]