Del. Code tit. 14 § 312

Current through 2024 Legislative Session Act Chapter 269
Section 312 - Board decision and appeal; state board duties

(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter, or a waiver of the ineligibility under § 410(a) of this title.
(b) The Board shall issue in writing its decision in a controversy involving a waiver within 20 days from the date of hearing.
(c) A party to a controversy may appeal the Board's decision to the State Board by doing all of the following:
(1) Stating the party's grievance in a petition.
(2) Ensure that the petition is served on the Association's executive director by certified or registered mail within 30 days after receiving notice of the decision.
(d) The State Board shall do all of the following;
(1) Rule on each appeal under this section.
(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.
(3) Overturn the Board's decision only if the State Board finds that the Board's decision was not supported by substantial evidence or was arbitrary or capricious.

14 Del. C. § 312

Amended by Laws 2021, ch. 518,s 12, eff. 10/26/2022.
Amended by Laws 2017, ch. 72,s 1, eff. 7/17/2017.
73 Del. Laws, c. 374, § 3.;