Delaware § 10142 Review of case decisions

Delaware Statutes

§ 10142 — Review of case decisions

Delaware·Title 29·Part General Regulations for State Agencies·Ch. 101 ADMINISTRATIVE PROCEDURES·Subch. Judicial Review

(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 novo. If the Court determines that the record is insufficient for its review, it shall remand the case to the agency for further proceedings on the record.

(d)The Court, when factual determinations are at issue, shall take due account of the experience and specialized competence of the agency and of the purposes of the basic law under which the agency has acted. The Court’s review, in the absence of actual fraud, shall be limited to a determination of whether the agency’s decision was supported by substantial evidence on the record before

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(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 novo. If the Court determines that the record is insufficient for its review, it shall remand the case to the agency for further proceedings on the record.

(d) The Court, when factual determinations are at issue, shall take due account of the experience and specialized competence of the agency and of the purposes of the basic law under which the agency has acted. The Court’s review, in the absence of actual fraud, shall be limited to a determination of whether the agency’s decision was supported by substantial evidence on the record before the agency.

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