Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
5102 - Regulation Governing Beach Protection and the Use of Beaches
Section 5102-6.0 - Appeal From the Division's Decision
Universal Citation: 7 DE Admin Code 5102-6.0
Current through Register Vol. 28, No. 3, September 1, 2024
6.1 Activity Pending Appeal
6.1.1 The applicant shall not commence any
activity regulated under Section 4.0 of the Regulations 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.
6.2 Procedures
6.2.1 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 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 laws, regulations or other
legal authorities 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:
6.2.1.1 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 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 20 calendar
days before the time of said hearing.
6.2.1.2 The appellant may appear personally
or be represented by counsel at the hearing and produce any competent evidence
in their behalf. The Secretary or the Secretary's 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.
6.2.1.3 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 the Secretary's 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.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
