ADMINISTRATIVE HEARING REQUEST PACKET

COVER LETTER, REQUEST, AND EVIDENCE CHECKLIST

Filing Overview

• Requester: [NAME/ENTITY], Contact: [ADDRESS/EMAIL/PHONE]
• Agency action/date: [DECISION/NOTICE], Docket/Ref: [ID]
• Deadline to request hearing: [DATE] (filed on/before: [DATE])
• Relief: [Hearing de novo / Review on record]; Stay requested: [YES/NO] (see stay section)

Packet Order (suggested)

1) Cover letter (this document).
2) Hearing request form (if agency provides) or request statement (see sample).
3) Copy of challenged notice/decision.
4) Statement of issues and brief factual summary.
5) Evidence/exhibit list (with copies if permitted at this stage).
6) Stay request (optional) with supporting facts (irreparable harm, likelihood of success, equities).
7) Proof of service on agency counsel/official.
8) Any required fee/waiver.

Cover Letter Body (sample)

text
Date: [DATE]

[AGENCY NAME/HEARING OFFICE ADDRESS]

RE: Request for Administrative Hearing - [NAME/ENTITY], Docket/Ref: [ID]

Dear [Hearing Officer/Agency],

Pursuant to 29 Del. C. Section 10101 et seq. (Delaware Administrative Procedures Act) and applicable agency regulations, we request an administrative hearing to contest the [DECISION/NOTICE] issued on [DATE]. The issues presented include: [LIST ISSUES]. A stay of enforcement is [requested/not requested] pending resolution. Supporting documents and proof of service are enclosed.

Respectfully,
[NAME/TITLE]

Statement of Issues (example)

• Issue 1: [Describe dispute with citation to statute/reg].
• Issue 2: [Describe].
• Issue 3: [Optional].

Evidence/Exhibits (sample categories)

• Notice/decision and related correspondence.
• Factual support: declarations, records, data.
• Legal support: statutes/regs/policy guidance excerpts.
• Mitigation/compliance steps taken.
• Harm evidence (if seeking stay).

Delaware-Specific Procedural Notes

• The Delaware Administrative Procedures Act (29 Del. C. Section 10101 et seq.) governs contested case hearings.
• Hearing requests must be filed within the timeframe specified in the agency notice or applicable regulation.
• 29 Del. C. Section 10122 sets forth requirements for contested case hearings.
• Parties have the right to be represented by counsel, present evidence, and cross-examine witnesses.
• The Division of Administrative Hearings handles matters for certain agencies.

Practice Notes

• File within the prescribed deadline; confirm receipt and docketing.
• Follow exhibit formatting and page limits; some agencies require pre-hearing exchange.
• If seeking a stay, include a separate section with harm and merits arguments.
• Track hearing scheduling notices and pre-hearing requirements (witness lists, exhibit exchange, objections).

[// GUIDANCE: For Delaware matters, confirm whether the hearing is before the agency or the Division of Administrative Hearings, and follow the specific procedural rules under the Delaware APA.]