§ 312 — Board decision and appeal; State Board’s duties

(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter. The Board may not decide on a controversy involving a waiver under § 315 of this title, except as under § 316 of this title.

(b) The Board shall issue in writing its decision in a controversy involving a waiver of a regulation promulgated under this chapter within 20 days from the date of hearing.

(c) A party to a controversy may appeal the Board’s decision, except a decision under § 316 of this title, to the State Board by doing all of the following:

(1) Stating the party’s grievance in a petition.

(2) Ensuring that the petition is served on the Executive Director by certified or registered mail within 30 days after receiving notice of the decision.

(d) The State Board shall do all of the following;

(1) Rule on each appeal under this section.

(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.

(3) Overturn the Board’s decision only if the State Board finds that the Board’s decision was not supported by substantial evidence or was arbitrary or capricious.

Legislative History

73 Del. Laws, c. 374, § 3 ; 81 Del. Laws, c. 72, § 1 ; 83 Del. Laws, c. 518, § 12 ; 84 Del. Laws, c. 343, § 3