7 Del. Admin. Code § 105-2.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 105-2.0 - Statement Of Appeal

2.1 The request for an appeal shall be submitted in the form of a written statement. The statement shall set forth clearly and concisely the following:

2.1.1 the interest which has been substantially affected;

2.1.2 an allegation that the decision is improper; and

2.1.3 the reasons why the decision is improper.

The request for appeal should be stated with sufficient specificity to notify the Board and the Department of Natural Resources of the reasons for the appeal.

2.2 The written statement shall also set forth an estimate of the number of witnesses and the time involved in presenting the appeal at the public hearing.

2.3 A $50.00 deposit for costs shall accompany the statement of appeal. The Board may refund all or a portion of the deposit in the event that the appeal is withdrawn prior to notice of the appeal. In the event that a person desiring to make an appeal is unable, because of financial hardship, to make the $50.00 deposit, such person shall specify circumstances and reasons in the statement of appeal for not submitting the deposit.

2.4 All written statements shall be completed and addressed to the Environmental Appeals Board, 89 Kings Highway, Dover, DE 19901, Attention: Administrative Assistant to the Environmental Appeals Board. Incomplete written statements will be returned to the appellant with a letter indicating the deficiencies and may be subject to dismissal.

7 Del. Admin. Code § 105-2.0