Delaware § 545 Power to receive appeals involving personnel administration of the Delaware court system

Delaware Statutes

§ 545 — Power to receive appeals involving personnel administration of the Delaware court system

Delaware·Title 10·Part Organization, Powers, Jurisdiction and Operation of Courts·Ch. 5 SUPERIOR COURT·Subch. General Jurisdiction and Powers

(a)Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of nonjudicial employees and of the appointing authority of the Delaware court system from administrative decisions of such authority rendered under the “Personnel Rules for Nonjudicial Employees of the Delaware Court System.”

(b)Such appeals may be taken by either the aggrieved employee or the appointing authority on the question of whether the appointing authority acted in accordance with law. The burden of proof in either case is on the party making the appeal, and all such appeals shall be undertaken by filing a notice of appeal with the court within 30 days of receipt of the written decision of the hearing officer.

(c)Review by the Superior Court shall be on the record, without a trial de novo.

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(a) Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of nonjudicial employees and of the appointing authority of the Delaware court system from administrative decisions of such authority rendered under the “Personnel Rules for Nonjudicial Employees of the Delaware Court System.”

(b) Such appeals may be taken by either the aggrieved employee or the appointing authority on the question of whether the appointing authority acted in accordance with law. The burden of proof in either case is on the party making the appeal, and all such appeals shall be undertaken by filing a notice of appeal with the court within 30 days of receipt of the written decision of the hearing officer.

(c) Review by the Superior Court shall be on the record, without a trial de novo. When factual determinations are at issue, the court shall take account of the experience and specialized competence of the hearing officer. The court review of factual issues shall be limited to a determination of whether the hearing officer’s decision was supported by substantial evidence on the record.

(d) In the event that the appeal involves a nonjudicial employee of the Superior Court, the Chief Justice of the Supreme Court shall designate a member of the Court of Chancery to hear the appeal.

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