Title 29, State Government

§ 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…

§ 10201. Definitions. As used in this chapter: (1) “Committee” means the Joint Legislative Oversight Committee established by this chapter. (2) “Committee staff” means the employees of the Division of Legislative Services who are assigned to support the Committee. (3) “Entity” me…

§ 10202. Declaration of policy. (a) It is essential to the maintenance of a healthy state economy and a government that has the confidence of its citizens that the State establish a system of periodic legislative review of its entities. The review of entity performance and activi…

§ 10203. Committee composition; chair and vice chair; appointment; quorum; reimbursement; hearings. (a) The Joint Legislative Oversight Committee is composed of 5 members of the Senate appointed by the President Pro Tempore and 5 members of the House of Representatives appointed …

§ 10204. Committee staff; appropriations. (a) Employees of the Division of Legislative Services and of the Office of the Controller General serve as the permanent staff of the Committee. (b) The Committee may, by the affirmative vote of at least 6 members, provide for other assis…

§ 10205. Committee rules and regulations. The Committee may adopt rules or regulations necessary to carry out the activities and goals of this chapter.62 Del. Laws, c. 301, § 3; 76 Del. Laws, c. 221, § 1; 80 Del. Laws, c. 260, § 1; 84 Del. Laws, c. 66, § 5;

§ 10206. Committee subpoena powers. (a) (1) The Committee may issue process to a witness at any place in this State and compel the witness’s attendance or compel the production of a document, book, record, paper, or other object that may be necessary or proper for the purpose of …

§ 10207. Entity self-report. (a) Self-report for full review. — An entity under full review shall forward to committee staff a self-report that includes all of the following information: (1) A chart or diagram showing the greater entity of which it is a part, if any, and each ent…

§ 10208. Confidentiality; Freedom of Information Act. (a) Committee staff shall treat as confidential each record or communication that an entity submits relating to the entity’s focused review or full review, unless any of the following apply: (1) Disclosure is necessary to enab…

§ 10209. Full review; hearing notice; committee staff duties; committee duties. (a) The purpose of a full review is to evaluate an entity and its statues, policies, rules, regulations, and programs. (b) Notice of hearing. — Whenever possible, the Committee shall give 2 weeks’ not…

§ 10210. Public hearings. (a) (1) From January through March each year, unless the needs of the General Assembly require otherwise, the Committee shall convene an initial hearing for each entity under full review or focused review that the chair schedules, to provide an opportuni…

§ 10211. Criteria for full review. (a) Standard. — (1) In conducting a full review of an entity, the Committee shall assess the entity based on each of the following: a. Whether the entity is meeting a genuine Delaware state need. b. Whether the entity should and can be strengthe…

§ 10212. Focused review. (a) The Committee may conduct a focused review of an entity if the Committee determines that a full review of the entity is not appropriate or necessary. The purpose of a focused review is to evaluate a component within an entity, such as a specific statu…

§ 10213. Annual report; review selection. (a) Annual report. — The Committee shall submit an annual report, compiled by committee staff and approved by the Committee, to the General Assembly, the Governor, and the Director and the Librarian of the Division of Legislative Services…

§ 10214. Committee recommendations; authority to recall entity. (a) For each entity under full review or focused review, the Committee may recommend 1 or more of the following: (1) a. Continuance of the entity as is. b. Termination of the entity. c. Termination of a program withi…

§ 10215. Subsequent review; continuation of operations during review. (a) An entity that has successfully completed a full review under this chapter or that has been re-established is not subject to another full review until the sixth year following its last full review, unless t…

§ 10216. Entity termination; reorganization or merger; re-establishment. (a) Automatic termination. — If the Committee recommends the termination of an entity and the entity is not re-established by an act of the General Assembly, the entity automatically terminates effective Jul…

§ 10217. Concluding year for terminated entity; fiscal matters. (a) Concluding year. — If the Committee recommends terminating an entity and legislation terminating the entity is not introduced in the same calendar year that the Committee makes the recommendation to terminate, th…

§ 10218. Merit system employees. If the termination of an entity or an entity’s program or activity results in unemployment for an individual employed under the Merit System of Personnel Administration [Chapter 59 of this title], the unemployed individual is entitled to first pre…

§ 10219. Monitoring recommendations. During each legislative session, committee staff shall do all of the following: (1) Monitor legislation affecting the entity for at least 2 years after an entity’s full review or focused review concludes. (2) Periodically report to the Committ…

§ 10301. Findings and purpose. The General Assembly finds that it is necessary to establish a centralized program for business registration and licensing in order to make it convenient and easy for businesses, especially small businesses, to use. The General Assembly also finds t…

§ 10302. Definitions. As used in this chapter: (1) [Repealed.] (2) “License” means the whole or part of any agency permit, license, certificate, approval, registration, charter or any form or permission required by law, including agency rule, to engage in any activity. (3) “Maste…

§ 10303. Feasibility study authorized; duties; agencies to review licenses; development plan; rules and regulations [Repealed].64 Del. Laws, c. 12, § 1; 64 Del. Laws, c. 457, §§ 1-3; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 290, §§ 184, 185; 69 Del. Laws, c. 458, § 1; 75 Del. …

§ 10304. Board of Review [Repealed].64 Del. Laws, c. 12, § 1; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 17(3); repealed by 81 Del. Laws, c. 49, § 3, eff. July 1, 2017.;

§ 10305. Maximum period for agency review. Each agency administering licenses shall publish, prior to January 1, 1985, regulations prescribing the maximum period of review for each specific license or permit administered by that agency. No license or renewal for which proper and …

§ 10306. Distribution of license renewal application. Every state agency shall regularly mail or distribute to Delaware businesses the renewal form or application necessary for retention or renewal of any regularly renewable license. No license shall be withheld, or denied, if th…

§ 10307. Development Advisory Service; composition; duties [Repealed]. Repealed by 74 Del. Laws, c. 186, § 2, effective Feb. 14, 2004.

§ 10308. Cooperation of state agencies. The General Assembly hereby directs all state agencies to offer their full cooperation in the implementation of this chapter.64 Del. Laws, c. 12, § 1; 64 Del. Laws, c. 457, § 7;

§ 10401. Short title. This chapter shall be known and may be cited as the “Regulatory Flexibility Act.”64 Del. Laws, c. 51, § 1;

§ 10402. Declaration of policy. (a) The General Assembly finds and declares that: (1) Numerous instances of obtaining compliance with state regulatory and reporting requirements impose inequitable demands on individuals of limited means and on small businesses. (2) Regulatory eff…