7 Del. Admin. Code § 1302-122-H-122.155

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-H-122.155 - May the decision to approve or deny my RAP application be administratively appealed?

(a) Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the draft RAP, may appeal the Secretary's decision to approve or deny your RAP application pursuant to 7 Del.C., Section 6313. Any person who did not file comments, or did not participate in any public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the draft to the final RAP decision. Appeals of RAPs may be made pursuant to 7 Del. C., Section 6312. The Secretary will give public notice of any grant of review of RAPs by the DNREC Environmental Appeals Board through the same means used to provide notice under Section 122.145. The notice will include:

(1) The briefing schedule for the appeal as provided by the Board;

(2) A statement that any interested person may file an amicus brief with the Board; and

(3) The information specified in Section 122.145 (c), as appropriate.

(b) This appeal is a prerequisite to seeking judicial review of these actions.

7 Del. Admin. Code § 1302-122-H-122.155