7 Del. Admin. Code § 101-16.0
Current through Register Vol. 28, No. 4, October 1, 2024
Section 101-16.0 - Appeals16.1 Appeals of Decisions of the Secretary 16.1.1 Any person aggrieved by any permit or other decision of the Secretary under the Act may appeal same under Section 7007 of the Act and this section of the regulations.16.1.2 Receipt of an appeal does not serve to stay the activity or approval in question.16.1.3 A notice of appeal must be filed with the Board within 14 days following announcement by the Secretary of that decision. The day after the date of the announcement shall be considered the beginning date of the 14-day appeal period.16.1.4 The date at which a notice of appeal is considered to have been filed shall be the date the Board receives the notice of appeal at the Dover Office of the Secretary of DNREC, 89 Kings Highway, Dover, Delaware, 19901. Should the end date of the 14-day filing period fall on a Saturday, Sunday, or legal holiday, the ending date of the appeal period shall be 4:30 p.m. of the next working day.16.1.5 It is the responsibility of the person or entity filing the appeal to ensure that the appeal is received at the Secretary's office within the appeal period.16.1.6 If no appeal is received within 14 days following the date of the publication of the legal notice, the decision becomes final and no appeal will be accepted.16.2 Procedures for Appeals Before the Coastal Zone Industrial Control Board16.2.1 A majority of the total membership of the Board less those disqualifying themselves shall constitute a quorum. A majority of the total membership of the Board shall be necessary to make a final decision on an appeal of a status decision or permit request.16.2.2 The Board shall publish a notice of the hearing as prescribed in 29 Del.C. Ch. 101, Section 10122 at least 20 days prior to the hearing.16.2.3 The Board must process and rule on the appeal in accordance with 29 Del.C. Ch. 101, Subchapter III.16.3 Appeals of Decisions of the Coastal Zone Industrial Control Board16.3.1 Any person aggrieved by a final order of the Board as provided for in 29 Del.C. § 10128, may appeal the Board's decision to Superior Court in accordance with 29 Del.C. § 10142. The Secretary may also appeal any decision of the Board as any other appellant.16.3.2 The appeal shall be filed within 30 days of the day the notice of decision is mailed.16.3.3 Appeals to Superior Court shall be carried out as specified in 29 Del. C., Chapter 101.7 Del. Admin. Code § 101-16.0
23 DE Reg. 222 (9/1/2019) (final)