3 Del. Admin. Code § 801-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 801-5.0 - Hearing Procedure And Appeals

5.1 All hearings which are held to enforce the provisions of this chapter shall be conducted by the Secretary or his or her designee. The landowner or person who possesses or has use of the land shall have the right to appear personally, and to be represented by counsel, and to provide evidence and witnesses in his or her own behalf. The Department shall preserve a full record of the proceeding. A transcript of the record may be purchased by any person interested in such hearing on payment to the Department the cost of preparing such transcript.

5.2 The Department shall issue a decision in writing to the landowner or person who possesses or has use of the land within 30 days of the conclusion of the hearing.

5.3 Any individual who feels aggrieved by an action of the Department as a result of an action resulting from a hearing held under this chapter may make an appeal, within 30 days of such action, to the Superior Court, and after full hearing the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds thereof, shall be served upon the Secretary of the Department.

3 Del. Admin. Code § 801-5.0