7 Del. Admin. Code § 105-4.0

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

Section 105-4.0 - Chronology

4.1 No later than twenty (20) days after the filing of the appeal, the Department shall prepare and file with the Environmental Appeals Board Administrative Assistant the following documents to be included in the Chronology:

4.1.1 Final letter or other document indicating action of the Secretary from which the appeal is taken;

4.1.2 Permit, if applicable, from which the appeal is taken;

4.1.3 Copy of the hearing officer's report if applicable;

4.1.4 Copy of the transcript of the hearing before the Secretary, unless the Board determines that it is impracticable to provide such transcript. In that case, relevant portions of the transcript shall be designated by the parties, and provided to the Board.

4.2 The Board's administrative assistant shall prepare the Chronology and have it available for copying by the parties no later than five (5) days before the pre-hearing conference. The Chronology shall contain all of the items listed in Section 104(a), and all statements of appeal.

4.3 The Chronology, any documentary evidence to which the parties are able to stipulate as admissible at the pre-hearing conference and any memoranda submitted to the Board's attorney (if such documentary evidence and/or memoranda are timely received) will be provided to the Board members prior to the hearing.

7 Del. Admin. Code § 105-4.0