reglab/housing_qa huggingface dataset:
29 DE Code § 10115. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter II. Agency Regulations|§ 10115. Notice [For application of this section, see 80 Del. Laws, c. 113, § 8].

§ 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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication, in full or as a summary, in the Register of Regulations pursuant to § 1134 of this title. Any submission to the Registrar hereunder shall include, to the extent applicable, any agency regulatory statement required to be submitted by the agency pursuant to Chapter 104 of this title. (1) The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act and reference to any other regulations that may be impacted or affected by the proposal; (2) The notice shall state the manner in which persons may present their views: (i) if in writing, of the place to which and the final date by which such views may be submitted; or (ii) if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. (b) If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation a minimum of 20 days prior to such public hearing and shall also be advertised at least 20 days prior to such public hearing by electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by May 1, 2013, which shall be accessible to the public. (c) The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. (d) No regulation being proposed to be formulated, adopted, amended or repealed shall be published if the requisite notice prescribed in subsection (a) of this section is not submitted with the proposed regulation to the Registrar of Regulations. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  68 Del. Laws, c. 159, §  1;  71 Del. Laws, c. 48, §  8;  72 Del. Laws, c. 88, §  4;  78 Del. Laws, c. 288, §  6;  80 Del. Laws, c. 113, §§  5, 6;
29 DE Code § 10116. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter II. Agency Regulations|§ 10116. Written submittals.

§ 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. The agency, in its discretion, may designate a subordinate to organize, classify, summarize and make recommendations with respect to the materials, which recommendations may be considered with the materials by the agency in reaching its conclusions. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10117. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter II. Agency Regulations|§ 10117. Public hearings.

§ 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 written materials, the following shall apply to the conduct of such hearings:  (1) The hearing shall be conducted either by the agency or by a subordinate designated by the agency for that purpose who shall be empowered in connection with such hearing to:  a. Issue subpoenas, in the agency's sole discretion, for witnesses or other evidence, on the agency's initiative or at the request of any person; b. Administer oaths to witnesses; and c. Exclude irrelevant, immaterial, insubstantial, cumulative, privileged matter and unduly repetitive proofs, rebuttals and cross-examination. (2) A record from which a verbatim transcript can be prepared shall be made of all hearings. The expense of preparing any transcript shall be borne by the person requesting it. No part of the public hearing is exempt from this record requirement. (3) If the hearing notice includes a specific length of time for the holding of the hearing, the hearing shall not adjourn prior to the end of that length of time.60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  78 Del. Laws, c. 356, §  1;  80 Del. Laws, c. 327, §  1;
29 DE Code § 10119. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter II. Agency Regulations|§ 10119. Emergency regulations.

§ 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 proceed to act without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable; (2) The order adopting, amending or repealing a regulation shall state, in writing, the reasons for the agency's determination that such emergency action is necessary; (3) The order effecting such action may be effective for a period of not longer than 120 days and may be renewed once for a period not exceeding 60 days; (4) When such an order is issued without any of the public procedures otherwise required or authorized by this chapter, the agency shall state as part of the order that it will receive, consider and respond to petitions by any interested person for the reconsideration or revision thereof; and (5) The agency shall submit a copy of the emergency order to the Registrar for publication in the next issue of the Register of Regulations.60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  71 Del. Laws, c. 48, §  10;
29 DE Code § 10121. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10121. Application of subchapter.

§ 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 issued summarily.60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10122. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10122. Notice of proceedings.

§ 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 opportunity, if permitted by law, to elect to proceed by informal fact-finding and of the date by which such election must be made; (3) The notice shall give the date, time and place the formal hearing will be held if informal fact-finding is not elected; (4) The notice shall cite the law or regulation giving the agency authority to act; (5) The notice shall inform the party of the right to present evidence, to be represented by counsel and to appear personally or by other representative; and (6) The notice shall inform the parties of the agency's obligation to reach its decision based upon the evidence received.60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  70 Del. Laws, c. 186, §  1;
29 DE Code § 10123. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10123. Informal fact-finding.

§ 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 parties as follows:  (1) The agency shall conduct the conference itself or may designate a subordinate to do so; (2) The parties may appear in person and by counsel; and (3) The parties may submit any relevant factual data, documents, testimony and argument. Only such evidence and argument presented at such conference or presented to the agency and opposing parties before the conference may be taken into consideration by the agency in making its findings and rendering its decision.60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10124. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10124. Public hearings; notice.

§ 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 formal, public evidentiary hearing to which the following provisions shall apply:  (1) The notice required by § 10122 of this title shall be published in at least 2 Delaware newspapers of general circulation and shall be advertised by electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by May 1, 2013, which shall be accessible to the public; and (2) Applicants for licenses, renewals and other rights or benefits shall not be entitled to prior notice of application requirements but shall receive notice of any proposed contest of such applications.60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  78 Del. Laws, c. 288, §  7;
29 DE Code § 10125. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10125. Conduct of public hearings; burden of proof; record.

§ 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 for witnesses and other sources of evidence, either on the agency's initiative or at the request of any party; (2) Administer oaths to witnesses; (3) Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence; (4) Limit unduly repetitive proof, rebuttal and cross-examination; (5) Cause interrogatories to issue and depositions to be taken; or (6) Hold prehearing conferences for the settlement or simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing. (c) The burden of proof shall always be upon the applicant or proponent. (d) A record from which a verbatim transcript can be prepared shall be made of all hearings in all contested cases. Transcripts shall be made at the request and expense of any party. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10126. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10126. Proposed orders.

§ 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 fact based upon the evidence; (2) Recommended conclusions of law; and (3) Recommended decision. (b) When the proposed order is submitted to the agency, a copy shall be delivered to each of the other parties who shall have 20 days to submit in writing to the agency exceptions, comments and arguments respecting the proposed order. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  70 Del. Laws, c. 186, §  1;
29 DE Code § 10127. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10127. Record.

§ 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 agency shall be included in the agency's record of the case and shall be retained by the agency. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10128. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10128. Decision; final order.

§ 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 appropriate:  (1) A brief summary of the evidence; (2) Findings of fact based upon the evidence; (3) Conclusions of law; (4) Any other conclusions required by law of the agency; and (5) A concise statement of the agency's determination or action on the case. (c) Every final order shall be authenticated by the signatures of at least a quorum of all agency members, unless otherwise provided by law. (d) Every final order shall immediately be mailed or delivered to each party and each other person requesting it. (e) Every final order may be amended or modified by the same procedure used for the initial adoption of the order. (f) When any professional licensing board or commission governed by Title 23, 24, or 28, and listed in § 10161(a) of this title, orders, at the conclusion of a hearing, that a license shall be revoked or suspended, the revocation or suspension shall be effective immediately. A written order, pursuant to this section, shall be served no later than 30 days after the hearing date. (g) When any professional licensing board or commission governed by Title 23, 24, or 28, and listed in § 10161(a) of this title reaches its conclusions of law and determines an appropriate disciplinary action, if any, the Board or Commission shall issue a written decision and order in accordance with this section. However, notwithstanding the provisions of subsection (c) of this section, the decision and order may be issued over the signature of only the President or other officer of the Board. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  77 Del. Laws, c. 369, §  1;  78 Del. Laws, c. 130, §  1;
29 DE Code § 10129. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter III. Case Decisions|§ 10129. Ex parte consultations.

§ 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 opportunity for all parties to participate. This section shall not apply to communications required for the disposition of ex parte matters authorized by law or to communications by and among members of an agency, the agency's staff and the agency's attorney. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10131. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter IV. Licenses|§ 10131. Hearings; notice.

§ 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 notice unless a law or regulation requires notice and opportunity for a hearing. (c) Whenever an agency proposes to deny an application for a license, timely and properly made, or to revoke, suspend, annul or withdraw a license or where it is required by law or regulation to give notice, it shall first give written notice to the licensee or applicant of the intended action and the reasons therefor. The form of the notice shall comply as far as practicable with § 10122 of this title, except that instead of setting a hearing date, it may afford the party at least 10 days to request a hearing. (d) Notice of a hearing shall be given at least 20 days before the day it is to be held. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10132. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter IV. Licenses|§ 10132. Effective date of agency's action.

§ 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 proposes to revoke, suspend, annul or withdraw a license, such action shall not be effective until a final order is issued, except when the public health, safety or welfare clearly requires emergency action and the agency's order so states. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10133. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter IV. Licenses|§ 10133. Withholding or denying licenses.

§ 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, §  2;
29 DE Code § 10134. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter IV. Licenses|§ 10134. Revoking, suspending, annulling or withdrawing licenses.

§ 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;
29 DE Code § 10141. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter V. Judicial Review|§ 10141. Review of regulations.

§ 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 of a regulation shall be subject to review until final agency action on the proposal has been taken. (c) When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. (d) Except as provided in subsection (c) of this section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. (e) Upon review of regulatory action, the agency action shall be presumed to be valid and the complaining party shall have the burden of proving either that the action was taken in a substantially unlawful manner and that the complainant suffered prejudice thereby, or that the regulation, where required, was adopted without a reasonable basis on the record or is otherwise unlawful. 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 acted. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 48, §  13;
29 DE Code § 10142. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter V. Judicial Review|§ 10142. Review of case decisions.

§ 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 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. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10143. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter V. Judicial Review|§ 10143. Mandamus for agency action.

§ 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;
29 DE Code § 10144. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter V. Judicial Review|§ 10144. Stay pending review.

§ 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 presented for review are substantial and the stay is required to prevent irreparable harm. 60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
29 DE Code § 10145. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 101. Administrative Procedures|Subchapter V. Judicial Review|§ 10145. Commencement of review.

§ 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. 585, §  1;  62 Del. Laws, c. 301, §  2;
30 DE Code § 301. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 3. Department of Finance|Subchapter I. General Provisions|§ 301. General powers of Department.

§ 301. General powers of Department. The Department of Finance shall administer and enforce all state tax laws and collect the taxes thereby imposed, unless such duties are expressly conferred upon another agency. Code 1915, §  226A;  40 Del. Laws, c. 30, §  1;  38 Del. Laws, c. 8, §  8;  Code 1935, §§  151, 206;  30 Del. C. 1953, §  302;  57 Del. Laws, c. 741, §§  3B, 3C;
30 DE Code § 302. (2021)
2021 Delaware Code|Title 30 - State Taxes|Chapter 3. Department of Finance|Subchapter I. General Provisions|§ 302. Preparation of blanks and forms.

§ 302. Preparation of blanks and forms. The Department of Finance shall prepare all necessary forms and blanks required in the administration and enforcement of any law which it is the duty of the Department to administer and enforce. 25 Del. Laws, c. 225, §  3;  Code 1915, §§  152B, 226A;  36 Del. Laws, c. 8, §  10;  37 Del. Laws, c. 8;  40 Del. Laws, c. 9, §  1;  40 Del. Laws, c. 10;  40 Del. Laws, c. 30;  Code 1935, §§  137, 143, 153, 206;  30 Del. C. 1953, §  303;  57 Del. Laws, c. 741, §§  3B, 3C;