PART 6 Appeal From the Division's Decision

6.01 Activity Pending Appeal
The applicant shall not commence any activity regulated under PART 4 until such time as a final determination has been rendered on the matter and the appeal period has expired without an appeal having been taken, or, if appealed, the appeal process has been exhausted.

6.02 Procedures
Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the state, aggrieved by any decision of the Division, many appeal to the Secretary by giving written notice of appeal to the Secretary, and to the applicant if other than the appellant. Such notice shall be by certified or registered mail within twenty (20) calendar days of the Division's decision, and shall specify: (1) the interest of the appellant; (2) the basis of the appeal; and (3) the specific law(s), regulation(s) or other legal authority(ies) alleged to have been violated by the Division's decision. A public hearing may be held on any such appeal, upon request, whenever the Secretary deems the hearing request meritorious. A request for a public hearing shall be deemed meritorious when the appeal is not frivolous and the notice of appeal exhibits a reasonable familiarity with the Division's decision. The public hearing shall be conducted as follows:

  1. For any hearing on an application, notification shall be served upon the applicant as summonses are served or by registered or certified mail not less than twenty (20) calendar days before the time of said hearing. Notice shall also be published in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State not less than twenty (20) calendar days before the time of said hearing.

  2. The appellant may appear personally or be represented by counsel at the hearing and produce any competent evidence in his behalf. The Secretary or his authorized designee may administer oaths, examine witnesses, and issue, in the name of the Department, notices of hearings or subpoenas requiring the testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing.

  3. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other parties, constitute the record. The Secretary or his authorized designee shall make findings of fact based on the record. The Secretary shall then enter an order that will best further the purposes of the Act and these Regulations, and the order shall include reasons. The Secretary shall promptly give written notice of the order to parties who participated in the hearing.

PART 7: Appeal From the Secretary's Decision

7.01 Appeal Procedure
Any person or persons, jointly or severally, or any taxpayer, or other officer, department, board or bureau of the State, aggrieved by a final order of the Secretary may, within thirty (30) calendar days, appeal to the Superior Court as provided in 7 Delaware Code §6803(g).

PART 8: Cease and Desist Orders, Violations and Penalties

8.01 Cease and Desist Orders
The Secretary shall have the power to issue a cease and desist order to any person who violates any provision of the Act or Regulations. Any such cease and desist order shall expire (1) after thirty (30) days from the date of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is superseded by an injunction, whichever occurs first.

8.02 Violations and Penalties
Any person who violates any provision of the Act, or Regulations, or violates a cease and desist order of the Secretary, shall be fined not less than $100 nor more than $5,000 or imprisoned for not more than two (2) years, or both, and, in addition, shall reimburse the Department for its reasonable expenditures in remedying damage created.

8.03 Jurisdiction
Justices of the Peace shall have original jurisdiction to hear and determine violations under this Section.

PART 9: Procedures for Adoption of Changes to the Regulations

9.01 Hearing
The Secretary, or his authorized designee, shall hold a public hearing on any changes to the Regulations that he shall propose for adoption. For a hearing on the proposed changes to the Regulations, notification shall be published in a newspaper of general circulation in each county of the State and in a daily newspaper of general circulation throughout the State. Such notification shall include (1) a brief description of the proposed changes to the Regulations, (2) the time and place of the hearing, and (3) the time and place where copies of the proposed changes may be examined and/or obtained. Such notice shall also be sent to any person who has requested notification from the Department by providing their name and mailing address.

9.02 Decision
Following the public hearing, the Secretary may adopt, with or without modifications, the proposed changes to the Regulations. This adoption shall be a final order for purposes of PART 7.