Title 29, State Government

§ 10113. Adoption of regulations; exemptions. (a) All regulations, except those specifically exempted, shall be adopted according to the requirements of this chapter. (b) Regulations of the following types are exempted from the procedural requirements of this chapter and may be a…

§ 10114. Requests for regulation-making proceedings. Proceedings for the adoption, amendment or repeal of a regulation may be initiated by an agency on the motion of an agency member or at the request of any person who so petitions the agency on a form prescribed for that purpose…

§ 10115. Notice [For application of this section, see 80 Del. Laws, c. 113, § 8]. (a) Whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted…

§ 10116. Written submittals. Before adopting, amending or repealing any regulation, an agency shall give notice as prescribed in § 10115 of this title and shall receive all written suggestions, compilations of data, briefs or other written materials submitted to it by any person.…

§ 10117. Public hearings. When an agency is required by law to hold public hearings before adopting, amending or repealing a regulation and, otherwise, if an agency in its discretion determines to hold public hearings, in addition to giving opportunity for the submission of writt…

§ 10118. Agency findings; form of regulations. (a) The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. The opportunity for public written comment shall be extended for a minimum of 15 days …

§ 10119. Emergency regulations. If an agency determines that an imminent peril to the public health, safety or welfare requires the adoption, amendment or repeal of a regulation with less than the notice required by § 10115, the following rules shall apply: (1) The agency may pro…

§ 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 is…

§ 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 opportuni…

§ 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 part…

§ 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…

§ 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 fo…

§ 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 f…

§ 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 ag…

§ 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 …

§ 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…

§ 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 …

§ 10132. Effective date of agency’s action. (a) Whenever an application is made to renew a license or for a new license for an activity of a continuing nature, the activity does not become illegal until the application has been finally denied by the agency. (b) Whenever an agency…

§ 10133. Withholding or denying licenses. No license or renewal for which proper and timely application has been made shall be withheld or denied except for failure of the applicant to comply with the applicable laws and regulations.60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301…

§ 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. (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 …

§ 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 tri…

§ 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. 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 present…

§ 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. 5…

§§ 10151-10155. Definitions; Delaware Administrative Commission created; composition; remuneration; term; duty of agencies; Register of Regulations; powers and duties of Commission [Repealed]. Repealed by 69 Del. Laws, c. 107, § 2, eff. January 1, 1994.

§ 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…