reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 94. REAL PROPERTY DISPOSITION › § 9406. State parks and open spaces.

§ 9406. State parks and open spaces.
Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of Title 7 or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
72 Del. Laws, c. 156, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9501. Declaration of policy and definitions.

§ 9501. Declaration of policy and definitions.
(a) This chapter shall be applicable to the acquisition of real property by state and local land acquisition programs or projects in which federal, state or local funds are used.
(b) The term “agency” means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law.
29 Del. C. 1953, §  9201;  58 Del. Laws, c. 413, §  3;  67 Del. Laws, c. 8, §  9;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9501A. Acquisition by eminent domain.

§ 9501A. Acquisition by eminent domain.
(a) The policy of the provisions of this chapter pertaining to eminent domain is to ensure that eminent domain is used for a limited, defined public use. Public use does not include the generation of public revenues, increase in tax base, tax revenues, employment or economic health, through private land owners or economic development.
(b) Notwithstanding any other provision of law, neither this State nor any political subdivision thereof nor any other condemning agency, including an agency as defined in § 9501(b) of this title, shall use eminent domain other than for a public use, as defined in subsection (c) of this section.
(c) The term “public use” shall only mean:
(1) The possession, occupation, or utilization of land by the general public or by public agencies;
(2) The use of land for the creation or functioning of public utilities, electric cooperatives, or common carriers, or
(3) Where the exercise of eminent domain:
a. 1. Removes a “blighted area” as defined at § 4501(3) of Title 31, or a “slum area”, as defined at § 4501(23) of Title 31;
2. Removes a structure that is beyond repair or unfit for human habitation or use; or
3. Is used to acquire abandoned real property; and
b. Eliminates a direct threat to public health and safety caused by or related to the real property in its current condition.
(d) Whenever real property is condemned and will be used, including owned, occupied or developed by a private party, the State or agency thereof or a political subdivision must establish by clear and convincing evidence that the use of eminent domain complies with the definition of “public use” in subsection (c) of this section.
(e) No written notice or correspondence shall be sent to property owners from the State, an agency or a political subdivision communicating to the property owner that the real property is subject to eminent domain without the State, an agency, or a political subdivision first notifying the property owner in writing of the public use as defined in subsection (c) of this section and as required by § 9505(15) of this title.
77 Del. Laws, c. 12, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9501B. Transportation and eminent domain.

§ 9501B. Transportation and eminent domain.
The provisions of § 9501A of this title shall not apply to the acquisition of property or property rights by the Department of Transportation for any transportation facility, project, or program as defined in Titles 2, 9, 14, 17, and this title, if the primary purpose of each parcel being required is to maintain or improve the State's transportation network, as sworn to by the Secretary of the Department or the Secretary's authorized designee.
77 Del. Laws, c. 12, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9501C. Natural resources and eminent domain.

§ 9501C. Natural resources and eminent domain.
The provisions of § 9501A of this title shall not apply to the acquisition of property or property rights by the Department of Natural Resources and Environmental Control, any tax ditch, and any tax lagoon, for any acquisition authorized in Title 7, if the primary purpose of such acquisition is to maintain, protect or improve the State's natural resources, as sworn to by the Secretary of the Department or the Secretary's authorized designee.
77 Del. Laws, c. 12, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9502. Expenses incidental to transfer of title.

§ 9502. Expenses incidental to transfer of title.
The agency acquiring real property for such use shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the agency deems fair and reasonable, for expenses necessarily incurred for:
(1) Recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State;
(2) Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering such real property; and
(3) The prorata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the State or the effective date of possession of such real property by the State, whichever is the earlier.
29 Del. C. 1953, §  9202;  58 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9503. Litigation expenses.

§ 9503. Litigation expenses.
Where a condemnation proceeding is instituted by the agency to acquire real property for such use and the final judgment is that the real property cannot be acquired by condemnation or the proceeding is abandoned, the owner of any right, title or interest in such real property shall be paid such sum as will, in the opinion of the court, reimburse such owner for reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. The awards of such sums will be paid by the agency.
29 Del. C. 1953, §  9203;  58 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 216, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9504. Inverse condemnation proceedings.

§ 9504. Inverse condemnation proceedings.
Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of the owner's property in any program or project, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the Department of Justice effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the Department of Justice, reimburse such plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceedings.
29 Del. C. 1953, §  9204;  58 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 95. REAL PROPERTY ACQUISITION › § 9506. Buildings, structures and improvements.

§ 9506. Buildings, structures and improvements.
(a) Where any interest in real property is acquired, an equal interest in all buildings, structures or other improvements located upon the real property so acquired and which is required to be removed from such real property or which is determined to be adversely affected by the use to which such real property will be put shall be acquired.
(b) For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as above set forth, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of the tenant's term, and the fair market value which such building, structure or improvement contributes to the fair market value of the property to be acquired, or the fair market value of such building, structure or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
(c) Payment for such buildings, structures or improvements as set forth above shall not result in duplication of any payments otherwise authorized by the laws of this State. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release all right, title and interest in and to such improvements. Nothing with regard to the above-mentioned acquisition of buildings, structures or other improvements shall be construed to deprive the tenant of any right to reject payment and to obtain payment for such property interests in accordance with other laws of this State.
29 Del. C. 1953, §  9206;  58 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 96. STATE EMPLOYEE BENEFITS COMMITTEE › § 9604. Retiree Healthcare Benefits Advisory Subcommittee.

§ 9604. Retiree Healthcare Benefits Advisory Subcommittee.
(a) There is hereby established a Retiree Healthcare Benefits Advisory Subcommittee (“Subcommittee”). The Subcommittee shall be comprised of the Lieutenant Governor, the Insurance Commissioner, the Director of the Office of Management and Budget, the Secretary of Finance, the Secretary of the Department of Human Resources, 1 member of each caucus of the Delaware House of Representatives appointed by the Speaker of the House, and 1 member of each caucus of the Delaware State Senate appointed by the President Pro Tempore. In addition, the Governor shall appoint 1 retired state employee from each County and 1 representative of a union of state employees, the Speaker of the House shall appoint 1 representative of a union of state employees, and the President Pro Tempore of the Senate shall appoint 1 representative of a union of state employees. The Lieutenant Governor shall serve as Chair, and the members of the majority caucus from the House of Representatives and the Senate shall serve as Co-Vice Chairs of the Subcommittee. Appointed members may not attend Subcommittee meetings through a designee. The Delaware Department of Justice shall provide legal support and the Department of Human Resources shall provide administrative support to the Subcommittee. Additional support shall be provided by the State Office of Pensions and Department of Finance as may be requested by the Chairs.
(b) The General Assembly recognizes the importance and urgency of addressing Delaware retiree healthcare benefits. Thus, the Subcommittee shall have the following powers, duties and functions:
(1) Conduct public meetings and receive public comment about current and future Delaware retiree healthcare benefits, including the previously proposed Medicare Advantage Plan for Delaware retirees, while taking into consideration the previous work of the State Employee Benefits Committee and the Retirement Benefit Study Committee.
(2) In the course of its work, consider how reporting and analyses regarding Medicare Advantage Plans nationwide relate to the terms of the previously proposed Medicare Advantage Plan for Delaware retirees;
(3) Study, review, and evaluate the fiscal and other implications of the extension of the existing Medicare Supplement plan to January 1, 2024.
(4) Evaluate options for continuing to provide strong Delaware retiree healthcare benefits in a fiscally sustainable way, including options to maintain their current coverage similar to residents in other states that offer a choice to buy into a Medicare Supplement plan.
(5) By May 1, 2023, issue findings and recommendations to the Governor and the General Assembly about the foregoing as they relate to the Fiscal Year 2024 Delaware budget.
84 Del. Laws, c. 4, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 100. FREEDOM OF INFORMATION ACT › § 10001. Declaration of policy.

§ 10001. Declaration of policy.
It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and further, it is vital that citizens have easy access to public records in order that the society remain free and democratic. Toward these ends, and to further the accountability of government to the citizens of this State, this chapter is adopted, and shall be construed.
60 Del. Laws, c. 641, §  1;  65 Del. Laws, c. 191, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 100. FREEDOM OF INFORMATION ACT › § 10007. Education.

§ 10007. Education.
(a) The Attorney General shall publish biennially a manual for FOIA coordinators. The Attorney General shall send the manual to each FOIA coordinator electronically and shall make the manual available on the Attorney General's website. The Attorney General shall, at a minimum, include the following in the manual:
(1) An explanation of the duties and responsibilities of the FOIA coordinator;
(2) An explanation of the time frames included within this chapter, how to calculate these time frames, and the circumstances in which any of these time frames are tolled;
(3) An explanation of the power of the public body to charge fees for requests for public records;
(4) An explanation of the reasons for calling an executive session closed to the public pursuant to purposes listed in § 10004(b) of this title, including an explanation of the strategy session exception; and
(5) A summary of Delaware judicial opinions, Attorney General opinions, and other legal opinions issued in the preceding 2 years related to this chapter.
(b) The Attorney General shall hold annually a training seminar for FOIA coordinators that shall be open to the public and noticed in accordance with this chapter. The Attorney General shall send notice of the training to each FOIA coordinator and shall post notice of the training on the Attorney General's website. The Attorney General shall, at a minimum, include the following in the training:
(1) The topics included in the manual pursuant to subsection (a) of this section;
(2) A discussion of best practices for responding to requests for public records; and
(3) A question and answer session.
(c) The Attorney General shall, in addition to any other publication method deemed appropriate by the Attorney General, maintain a website containing Attorney General opinions related to this chapter. The Attorney General shall include on the website a summary of the holding of each Attorney General opinion.
(d) Nothing in this section shall be construed as legal advice in contravention of § 2504(2) or § 2515 of this title.
79 Del. Laws, c. 272, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 100. FREEDOM OF INFORMATION ACT › § 10008. Livestreaming Board of Trustees meetings of public institutions of higher learning.

§ 10008. Livestreaming Board of Trustees meetings of public institutions of higher learning.
(a) For purposes of this section, “full Board of Trustees” means the full Board of Trustees for each of the following:
(1) University of Delaware, under § 5107 of Title 14.
(2) Delaware State University, under § 6505 Title 14.
(3) Delaware Technical and Community College, under § 9105 of Title 14.
(b) Meetings of a full Board of Trustees must be available over the internet by livestream broadcast that meets all of the following:
(1) Streams audio and video of the meeting.
(2) Permits the public to hear all participants contemporaneously.
(c) A recording of a meeting livestreamed under subsection (b) of this section must be posted on a public website within a reasonable time after the meeting concludes and must remain on the website for at least 1 year.
(d) Notice of a full Board of Trustees meeting must include information on how the public can access the livestream broadcast of the meeting and a recording of the meeting.
(e) (1) A technological failure that prevents, or a technological limitation that limits, public access otherwise required under paragraphs (b)(1) and (b)(2) of this section does not invalidate a meeting or an action taken at a meeting.
(2) Subsections (b) and (c) of this section do not require the livestreaming or recording of the portion of a full Board of Trustees meeting that is in an executive session under § 10004 of this title.
83 Del. Laws, c. 533, § 1;  84 Del. Laws, c. 233, § 29, effective Sept. 21, 2023;
2023 Delaware Code › Title 29 - State Government › Chapter 101. ADMINISTRATIVE PROCEDURES › Subchapter I. Policy and Definitions › § 10101. Policy.

§ 10101. Policy.
The purpose of this chapter is to standardize the procedures and methods whereby certain state agencies exercise their statutory powers and to specify the manner and extent to which action by such agencies may be subjected to public comment and judicial review.
60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  71 Del. Laws, c. 48, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 101. ADMINISTRATIVE PROCEDURES › Subchapter II. Agency Regulations › § 10111. Organization regulations; rules of procedure.

§ 10111. Organization regulations; rules of procedure.
For the benefit of the public, each agency shall adopt the following regulations:
(1) A general description of its organization, its methods of operations and the manner, including addresses and telephone numbers, whereby the public may obtain information and otherwise deal with the agency; and
(2) A statement of the nature and requirements of all rules of practice and procedure used by the agency to exercise its statutory authority in compliance with this chapter.
60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 101. ADMINISTRATIVE PROCEDURES › Subchapter II. Agency Regulations › § 10112. Public information.

§ 10112. Public information.
(a) Each agency shall make available promptly to the public upon request, for inspection, originals or legible copies of its public records in accordance with the State's Freedom of Information Act laws (Chapter 100 of Title 29).
(1)-(3) [Repealed.]
(b), (c) [Repealed.]
60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  83 Del. Laws, c. 312, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 101. ADMINISTRATIVE PROCEDURES › Subchapter II. Agency Regulations › § 10113. Adoption of regulations; exemptions.

§ 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 adopted informally:
(1) Descriptions of agency organization, operations and procedures for obtaining information;
(2) Rules of practice and procedure used by the agency;
(3) Delegations of authority to subordinates;
(4) Nonsubstantive changes in existing regulations to alter style or form or to correct technical errors;
(5) Amendments to existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations; and
(6) Codifications of existing agency or judicial principles of decision derived from previous decisions and rulings.
Any regulation adopted pursuant to this subsection, along with a copy of the order adopting said regulation, shall be filed with the Registrar of Regulations, and the regulation so filed shall become the official regulation as defined in § 1132 of this title.
60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  73 Del. Laws, c. 55, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 101. ADMINISTRATIVE PROCEDURES › Subchapter II. Agency Regulations › § 10114. Requests for regulation-making proceedings.

§ 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 by the Director of the Office of Management and Budget. The agency at its next regular meeting shall either grant the petition and initiate the proceedings specified by this chapter or deny the petition and give its reasons for doing so. If the petition is received by the agency within 5 days of such meeting, the agency may defer action on the petition until the next succeeding regular meeting.
60 Del. Laws, c. 585, §  1;  62 Del. Laws, c. 301, §  2;  75 Del. Laws, c. 88, §  16(5);
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10201. Definitions.

§ 10201. Definitions.
As used in this chapter:
(1) “Committee” means the Joint Legislative Oversight and Sunset Committee established by this chapter.
(2) “Committee staff” means the employees of the Division of Research of Legislative Council who are assigned to support the Committee.
(3) “Entity” means a regulatory, administrative, advisory, executive, or legislative body of this State, including a board, bureau, commission, department, division, committee, council, association, authority, or organized body established by an act of the General Assembly of this State that meets any of the following:
a. Is given authority in the Delaware Code to regulate a business, occupation, or profession.
b. Is supported in whole or in part by public funds.
c. Expends or disburses public funds.
d. Is specifically charged by a public body to advise or make recommendations.
(4) “Focused review” means a specialized assessment of an entity, conducted under § 10212 of this title.
(5) “Full review” means a formal assessment of the entirety of an entity, conducted under § 10211 of this title. “Full review” does not include a focused review.
(6) “Highest administrative officer” means an official who is appointed by the Governor as a member of the Governor's cabinet.
(7) “Performance evaluation” means the review mechanism under this chapter that is an assessment of an entity's performance and function.
(8) “Self-report” means the report under § 10207 of this title.
(9) “Under review” means undergoing a process implemented under this chapter.
62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  82 Del. Laws, c. 132, § 1;  84 Del. Laws, c. 66, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 102. DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT › § 10202. Declaration of policy.

§ 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 activities is consistent with other activities and goals of the General Assembly. The primary purpose of a full review or focused review under this chapter is to determine whether there is a genuine public need for the entity under review and, if so, to determine whether the entity is correctly performing to meet that need.
(b) The purpose of this chapter is to provide an action-forcing mechanism designed to increase the accountability of an entity through increased legislative scrutiny of the entity and its activities. The intent of the General Assembly is to establish a timetable and process for a full review or focused review of an entity and the services it provides and ultimately to review each entity established by or receiving financial assistance from the State.
(c) The purpose of this chapter is not to terminate an entity which the Committee determines is sufficiently meeting a recognized Delaware state need and is accountable and responsive to the public interests. Rather, the primary purpose of this chapter is to use the review mechanism to strengthen and support an entity that the Committee determines is meeting a recognized Delaware state need.
62 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 221, §  1;  80 Del. Laws, c. 260, §  1;  84 Del. Laws, c. 66, § 2;