Administrative Hearing Request Packet - Delaware

ADMINISTRATIVE HEARING REQUEST PACKET — DELAWARE

Cover Letter, Formal Request, Statement of Issues, and Evidence Checklist

Pursuant to the Delaware Administrative Procedures Act (29 Del. C. § 10101 et seq.)

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Formal Request for Administrative Hearing
3. Statement of Issues / Grounds for Hearing
4. Agency Identification
5. Filing Instructions
6. Deadlines and Timeline
7. Discovery and Evidence Rules
8. Pre-Hearing Conference Procedures
9. Hearing Procedures and Rules of Evidence
10. Post-Hearing Briefs and Procedures
11. Appeal Rights from Administrative Decision
12. Document Checklist
13. Practice Tips for Delaware Administrative Hearings
14. Sources and References

1. HEARING REQUEST COVER LETTER

[Date: __/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / ELECTRONIC FILING]

[________________________________]
[Agency Name]
[________________________________]
[Agency Address Line 1]
[________________________________]
[Agency Address Line 2]
[________________________________]
[City, State, ZIP]

RE:     Request for Administrative Hearing
        Petitioner: [________________________________]
        Agency Case/Docket No.: [________________________________]
        Agency Action Date: [__/__/____]

Dear [________________________________] [Hearing Officer / Agency Head / Clerk]:

Pursuant to the Delaware Administrative Procedures Act, 29 Del. C. § 10101
et seq., and specifically 29 Del. C. § 10122, the undersigned hereby submits
this Request for Administrative Hearing on behalf of [________________________________]
("Petitioner") to contest the [________________________________]
[describe agency action: e.g., denial, revocation, suspension, assessment,
order] issued by [________________________________] [Agency Name] on
[__/__/____].

Petitioner received notice of the agency action on [__/__/____]. This
request is timely filed within the [____]-day period prescribed by
[________________________________] [cite applicable statute, regulation,
or agency rule setting the deadline].

Petitioner contests the following agency action(s):
[________________________________]
[________________________________]
[________________________________]

Petitioner requests the following relief:
[________________________________]
[________________________________]

☐ Petitioner requests a formal evidentiary hearing pursuant to
  29 Del. C. § 10125.
☐ Petitioner requests an informal hearing/conference pursuant to
  29 Del. C. § 10123.
☐ Petitioner requests a stay of the agency action pending hearing
  (see attached stay request with supporting grounds).

Enclosed with this letter are the following documents:
  1. Formal Request for Administrative Hearing
  2. Statement of Issues / Grounds for Hearing
  3. Copy of Agency Decision/Notice Being Contested
  4. Supporting Documentation and Evidence
  5. Proof of Service
  6. [Additional: ________________________________]

Petitioner requests confirmation of receipt and the assignment of a
hearing date at the earliest opportunity. Please direct all communications
regarding this matter to:

[________________________________]
[Attorney/Representative Name]
[________________________________]
[Firm Name, if applicable]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP]
Phone: [________________________________]
Email: [________________________________]
DE Bar No.: [____] (if applicable)

Respectfully submitted,

____________________________________
[Signature]
[Printed Name]
[Title]
Date: [__/__/____]

2. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE [________________________________] [Agency Name]

In the Matter of:

[________________________________]
Petitioner,

Case/Docket No.: [________________________________]

REQUEST FOR ADMINISTRATIVE HEARING

I. PARTIES

Petitioner:

• Full Legal Name: [________________________________]
• Address: [________________________________]
• City, State, ZIP: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]
• Delaware License/Permit No. (if applicable): [________________________________]

Representative (if any):

• Attorney/Representative Name: [________________________________]
• Firm: [________________________________]
• Address: [________________________________]
• City, State, ZIP: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]
• DE Bar No.: [____]

Respondent Agency:

• Agency Name: [________________________________]
• Division/Bureau: [________________________________]
• Agency Contact: [________________________________]
• Address: [________________________________]
• City, State, ZIP: [________________________________]

II. AGENCY ACTION BEING CONTESTED

1. Nature of the agency action: [________________________________]
   [e.g., license denial, license revocation, permit suspension, fine/penalty assessment, benefits termination, enforcement order]

2. Date of agency action: [__/__/____]

3. Date Petitioner received notice: [__/__/____]

4. Agency case/reference number: [________________________________]

5. Description of the agency action:
   [________________________________]
   [________________________________]
   [________________________________]
   [________________________________]

III. STATUTORY AND REGULATORY AUTHORITY

This request is made pursuant to:

• 29 Del. C. § 10122 (right to hearing in contested cases)
• 29 Del. C. § 10125 (conduct of public hearings)
• [________________________________] [additional applicable statutes]
• [________________________________] [applicable agency regulations]

IV. TYPE OF HEARING REQUESTED

☐ Formal Evidentiary Hearing (29 Del. C. § 10125) — required when:

• Required by law, OR
• Parties do not consent to informal proceedings, OR
• Matters involve price fixing, rate making, or similar matters of general public interest

☐ Informal Conference or Consultation (29 Del. C. § 10123) — available when:

• Formal hearing is not required by law, AND
• All parties agree to proceed informally

V. RELIEF REQUESTED

Petitioner requests the following relief from this administrative proceeding:

☐ Reversal of the agency action described above
☐ Modification of the agency action as follows: [________________________________]
☐ Remand for further agency consideration
☐ Stay of agency action pending hearing (see Section VI below)
☐ Award of costs and attorney fees (if authorized by statute)
☐ Other relief: [________________________________]

VI. REQUEST FOR STAY OF AGENCY ACTION

☐ Petitioner DOES request a stay of the agency action pending hearing.
☐ Petitioner DOES NOT request a stay at this time.

If stay is requested, provide the following:

(a) Irreparable Harm: Petitioner will suffer irreparable harm absent a stay because:
[________________________________]
[________________________________]
[________________________________]

(b) Likelihood of Success on the Merits: Petitioner is likely to prevail because:
[________________________________]
[________________________________]
[________________________________]

(c) Balance of Equities: The balance of equities favors a stay because:
[________________________________]
[________________________________]

(d) Public Interest: A stay would [not be contrary to / serve] the public interest because:
[________________________________]
[________________________________]

VII. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Delaware that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

____________________________________
Signature of Petitioner or Authorized Representative

Date: [__/__/____]

3. STATEMENT OF ISSUES / GROUNDS FOR HEARING

STATEMENT OF ISSUES AND FACTUAL BASIS

Issue 1: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable Law/Regulation: [________________________________]

• Why the Agency Erred: [________________________________]
  [________________________________]

Issue 2: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable Law/Regulation: [________________________________]

• Why the Agency Erred: [________________________________]
  [________________________________]

Issue 3: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable Law/Regulation: [________________________________]

• Why the Agency Erred: [________________________________]
  [________________________________]

Additional Issues (if applicable):
[________________________________]
[________________________________]
[________________________________]

BRIEF FACTUAL SUMMARY

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4. AGENCY IDENTIFICATION

Delaware Agencies and Administrative Hearing Bodies

Delaware does not have a single centralized Office of Administrative Hearings. Administrative hearings are conducted either by the agency itself, a subordinate hearing officer designated by the agency, or in certain cases by the agency head or board that serves as the ultimate decision-maker.

Common Delaware Agencies Conducting Administrative Hearings:

Identify the Correct Filing Destination:

• Agency Name: [________________________________]
• Division/Bureau: [________________________________]
• Hearing Office Address: [________________________________]
• Hearing Office Phone: [________________________________]
• Hearing Office Email: [________________________________]
• Filing Portal (if electronic filing available): [________________________________]

5. FILING INSTRUCTIONS

How to File a Hearing Request in Delaware

Step 1: Determine the Correct Filing Method

Filing methods vary by agency. Common methods include:

☐ Mail: Send by certified mail, return receipt requested, to the address specified in the agency notice
☐ Hand Delivery: Deliver to the agency hearing office during business hours
☐ Electronic Filing: Some agencies accept electronic filings via email or online portal
☐ Facsimile: Some agencies accept fax filings (confirm with the specific agency)

Step 2: Prepare the Filing

☐ Complete the Formal Request for Administrative Hearing (Section 2)
☐ Prepare the Statement of Issues (Section 3)
☐ Attach a copy of the agency action/notice being contested
☐ Include any supporting documentation the agency requires at filing
☐ Prepare proof of service on the agency

Step 3: Service Requirements

• Under Delaware law, the hearing request must be served on the agency that issued the adverse action
• Retain proof of service (certified mail receipt, delivery confirmation, or affidavit of service)
• Some agencies require service on other parties who may be affected

Step 4: Filing Fees

• Delaware generally does not impose filing fees for administrative hearing requests
• Confirm with the specific agency whether any fee or fee waiver request is required
• Note: Transcript costs are borne by the requesting party under 29 Del. C. § 10125

Step 5: Confirmation

☐ Obtain and retain confirmation of filing (date stamp, receipt, tracking number)
☐ Note the assigned case/docket number for all future filings
☐ Calendar all deadlines referenced in the acknowledgment letter

6. DEADLINES AND TIMELINE

Critical Delaware Administrative Hearing Deadlines

Filing Deadline for Hearing Request:

• The deadline to request a hearing is set by the specific statute or regulation governing the agency action, or by the terms of the agency notice itself
• Common deadlines include:
• Professional license actions: typically 30 days from notice
• Benefits determinations (DHSS): typically 30 days from notice
• DMV administrative hearings (DUI): typically 15 days from notice of suspension
• Environmental enforcement actions: varies by regulation
• Tax assessments: typically 60 days from assessment
• IMPORTANT: Always check the agency notice for the specific deadline; failure to file within the stated period may result in waiver of hearing rights

Typical Timeline After Filing:

7. DISCOVERY AND EVIDENCE RULES

Discovery in Delaware Administrative Proceedings

General Principles:

• Delaware's APA does not contain comprehensive discovery provisions like the Delaware Rules of Civil Procedure
• Discovery rights in administrative proceedings depend on the specific agency's regulations and the hearing officer's discretion
• Parties should request any necessary discovery early in the proceeding

Common Discovery Methods Available:

☐ Subpoenas: Under 29 Del. C. § 10125, the agency or its designated hearing officer may be empowered to issue subpoenas for witnesses and other sources of evidence
☐ Document Requests: Request relevant documents from the agency or opposing parties
☐ Interrogatories: Available if permitted by agency rules
☐ Depositions: Generally not available absent agency rule or stipulation

Requesting Subpoenas:

• File a written request for subpoena with the hearing officer
• Identify the witness or documents sought
• State the relevance of the testimony or documents
• The hearing officer has discretion to grant or deny subpoena requests

Evidence Preservation:

• Send a preservation demand letter if agency records may be relevant
• Request the agency's case file under the Delaware Freedom of Information Act (29 Del. C. § 10001 et seq.) if appropriate

Pre-Hearing Evidence Exchange:

• Check agency rules for requirements regarding exhibit exchange prior to hearing
• Prepare an exhibit list and copies of all exhibits you intend to introduce
• Mark all exhibits sequentially (Petitioner's Exhibit 1, 2, 3, etc.)

8. PRE-HEARING CONFERENCE PROCEDURES

Delaware Pre-Hearing Conferences

Scheduling:

• The hearing officer may schedule a pre-hearing conference to address procedural and substantive matters
• Not all agencies conduct pre-hearing conferences; check agency-specific rules

Matters Typically Addressed:

☐ Identification and simplification of issues
☐ Exchange of witness lists and exhibit lists
☐ Stipulations of fact or law
☐ Scheduling of the hearing (date, time, location)
☐ Estimated length of hearing
☐ Motions pending or anticipated
☐ Accommodation requests (interpreters, accessibility, remote participation)
☐ Settlement discussions or alternative resolution
☐ Discovery disputes

Pre-Hearing Conference Order:

• The hearing officer may issue a pre-hearing order memorializing agreements and rulings
• Parties must comply with all deadlines set in the pre-hearing order

Pre-Hearing Submissions (if required):

☐ Pre-hearing brief or memorandum
☐ Proposed findings of fact and conclusions of law
☐ Witness list with brief description of anticipated testimony
☐ Exhibit list with copies of all exhibits
☐ Stipulations
☐ Motions in limine (to exclude or limit evidence)

9. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Administrative Hearings Under 29 Del. C. § 10125

Formal Hearing Requirements:

Under 29 Del. C. § 10125, when a formal hearing is required:

• The hearing may be conducted by the agency itself or by a subordinate designated for that purpose
• A record from which a verbatim transcript can be prepared shall be made of all hearings in contested cases
• Transcripts are prepared at the request and expense of any party

Parties' Rights at Hearing:

☐ Right to be represented by counsel
☐ Right to present evidence (documentary and testimonial)
☐ Right to cross-examine witnesses
☐ Right to appear personally or through another representative
☐ Right to make opening and closing statements
☐ Right to a verbatim record of the proceedings

Rules of Evidence:

• Administrative hearings in Delaware are generally governed by relaxed evidentiary standards compared to court proceedings
• The hearing officer has discretion to admit evidence that is relevant, material, and not unduly repetitious
• Hearsay evidence may be admitted but may be given less weight
• Privileged communications are generally protected
• The Delaware Rules of Evidence serve as guidance but are not strictly binding

Burden of Proof:

• Under 29 Del. C. § 10125, the burden of proof standard is typically preponderance of the evidence, unless otherwise specified by statute
• In license discipline cases, the agency typically bears the burden of proof
• In license application denial cases, the applicant may bear the burden of demonstrating eligibility

Order of Proceedings:

1. Opening statement by the agency (or party bearing the burden)
2. Opening statement by Petitioner
3. Agency presents its case (direct examination, cross-examination, redirect)
4. Petitioner presents its case (direct examination, cross-examination, redirect)
5. Rebuttal evidence (if permitted)
6. Closing arguments
7. Record closes (or remains open for post-hearing submissions if ordered)

Informal Proceedings (29 Del. C. § 10123):

• Available when formal hearing is not required by law and all parties agree
• The agency acquires information through informal conference or consultation
• Less formal rules apply, but parties retain basic due process rights

10. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Procedures in Delaware

Post-Hearing Briefs:

• The hearing officer may order or permit post-hearing briefs
• Briefs typically address the evidence presented, applicable law, and proposed findings
• Filing deadlines are set by the hearing officer (commonly 15-30 days after hearing)

Proposed Orders (29 Del. C. § 10126):

• If a subordinate hearing officer presides, the subordinate shall prepare a proposed order for consideration by the agency
• The proposed order shall contain findings of fact and conclusions of law
• Parties may have the opportunity to file exceptions to the proposed order

Final Decision (29 Del. C. § 10128):

• The agency shall file its decision with the agency
• The final decision shall include findings of fact and conclusions of law
• The decision shall be based exclusively on the evidence of record and matters officially noticed
• A copy of the decision shall be delivered or mailed promptly to each party or the party's attorney of record

Reconsideration:

• A party may file a motion for reconsideration within the timeframe specified by agency rules (if available)
• Not all agencies provide for reconsideration; check specific agency rules
• Filing a motion for reconsideration may or may not toll the judicial review deadline — consult counsel

11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under 29 Del. C. § 10142

Right to Appeal:

Any party to a contested case hearing who is aggrieved by the agency decision may appeal to the Superior Court of the State of Delaware.

Filing Deadline:

• An appeal must be filed within 30 days from the date upon which the agency decision was mailed or delivered to the party
• The 30-day period is jurisdictional; late filings may be dismissed

Where to File:

• Superior Court of the State of Delaware
• In the county in which the agency maintains its principal office, or
• In the county of Petitioner's residence, or
• As otherwise specified by law

Standard of Review (29 Del. C. § 10142):

The Court reviews the agency decision to determine whether:

☐ The agency acted within its statutory authority
☐ The agency decision is supported by substantial evidence in the record
☐ The agency's conclusions of law are free from legal error
☐ The proceedings were conducted in accordance with required procedures
☐ The agency did not act arbitrarily or capriciously

Record on Appeal:

• The agency shall transmit the record to the reviewing court
• The record includes all pleadings, evidence, exhibits, transcripts, findings, and the decision
• No additional evidence is typically permitted on appeal

Stay Pending Appeal:

• A party may seek a stay of the agency decision pending judicial review
• File a motion for stay in the Superior Court
• Demonstrate likelihood of success, irreparable harm, and that the stay serves the public interest

12. DOCUMENT CHECKLIST

Administrative Hearing Request — Delaware Filing Checklist

Pre-Filing Preparation:

☐ Obtained and reviewed the agency notice/decision being contested
☐ Identified the applicable statute or regulation governing the right to hearing
☐ Confirmed the filing deadline and method of filing
☐ Identified the correct agency office for filing
☐ Retained counsel or determined to proceed pro se
☐ Gathered relevant documents and evidence

Filing Package — Required Documents:

☐ Cover Letter (Section 1 of this packet)
☐ Formal Request for Administrative Hearing (Section 2)
☐ Statement of Issues / Grounds for Hearing (Section 3)
☐ Copy of the agency action/notice being contested
☐ Verification / Declaration under penalty of perjury
☐ Proof of service on the agency

Filing Package — Optional/Supplemental Documents:

☐ Request for stay of agency action (with supporting grounds)
☐ Request for formal evidentiary hearing vs. informal conference
☐ Supporting evidence (documents, declarations, records)
☐ Request for accommodation (interpreter, disability access, remote hearing)
☐ Request for fee waiver (if applicable)
☐ Authorization for representative to act on Petitioner's behalf
☐ Freedom of Information Act request for agency records
☐ Subpoena request(s)

Post-Filing Follow-Up:

☐ Confirmed receipt of filing by the agency
☐ Noted assigned case/docket number
☐ Calendared hearing date and all interim deadlines
☐ Calendared 30-day judicial review deadline from final agency decision
☐ Prepared discovery requests or subpoena applications
☐ Prepared witness list and exhibit list
☐ Reviewed agency-specific procedural rules
☐ Prepared pre-hearing brief or memorandum (if required)
☐ Arranged for witnesses to appear at hearing
☐ Prepared opening and closing statements

13. PRACTICE TIPS FOR DELAWARE ADMINISTRATIVE HEARINGS

Strategic Considerations

1. Identify the Correct Forum: Delaware does not have a centralized administrative hearings office for all agencies. Determine whether the hearing will be conducted by the agency itself, a designated hearing officer, or the agency head or board. The forum affects procedures, evidentiary rules, and appeal rights.

2. Timeliness Is Jurisdictional: The deadline for requesting a hearing is strictly enforced. File as early as possible and always retain proof of timely filing. If uncertain about the deadline, file immediately and resolve any questions later.

3. Formal vs. Informal Proceedings: Under 29 Del. C. § 10123, informal proceedings are available when formal hearing is not required by law and all parties agree. Consider whether an informal proceeding may be advantageous for your client before requesting a formal hearing.

4. Record Preservation: Under 29 Del. C. § 10125, a verbatim record must be made at all formal contested case hearings. Ensure the hearing is being recorded. If you need a transcript for appeal, you bear the cost.

5. Subordinate Hearing Officers: When a subordinate presides, the subordinate issues a proposed order (29 Del. C. § 10126) that the agency then considers. The agency retains final decision-making authority and may accept, reject, or modify the proposed order.

6. Agency File Review: Request the agency's complete file on your matter. Use the Delaware Freedom of Information Act (FOIA, 29 Del. C. § 10001 et seq.) if the agency does not voluntarily provide the file.

7. Subpoena Authority: Not all hearing officers have subpoena power. Confirm whether the hearing officer can issue subpoenas and file requests early.

8. Written Submissions Matter: In many Delaware agency proceedings, the hearing officer relies heavily on written submissions. Prepare thorough, well-organized pre-hearing and post-hearing briefs.

9. Settlement Discussions: Many agencies are open to negotiated resolutions. Consider settlement at every stage of the proceeding, but document any settlement offers and counteroffers in writing.

10. Judicial Review Preparation: If you anticipate an appeal, ensure the administrative record is complete. Object to procedural irregularities on the record. Request verbatim transcripts of the hearing.

11. Appeal Deadline Awareness: The 30-day window for judicial review under 29 Del. C. § 10142 runs from the date of mailing or delivery of the decision. Calendar this date immediately upon receipt.

12. Professional License Cases: The Division of Professional Regulation (DPR) has specific procedures under Title 24 of the Delaware Code. Review the applicable chapter for the profession at issue.

14. SOURCES AND REFERENCES

Delaware Statutes

• Delaware Administrative Procedures Act: 29 Del. C. § 10101 et seq.
• § 10121: Scope of Case Decisions Subchapter
• § 10122: Notice in Contested Cases
• § 10123: Informal Hearings and Conferences
• § 10125: Conduct of Public Hearings; Burden of Proof; Record
• § 10126: Proposed Orders
• § 10128: Filing of Decision
• § 10142: Appeals to Superior Court
• § 10144: Standard of Review
• Delaware Freedom of Information Act: 29 Del. C. § 10001 et seq.

Online Resources

• Delaware Code Online: https://delcode.delaware.gov/title29/c101/
• Delaware Courts — Administrative Appeals: https://courts.delaware.gov/help/appeals/administrative.aspx
• Division of Professional Regulation: https://dpr.delaware.gov/
• Delaware Regulations: https://regulations.delaware.gov/

Agency-Specific Resources

• DHSS Administrative Hearings: https://dhss.delaware.gov/
• DNREC Hearings: https://dnrec.delaware.gov/
• DMV Administrative Hearings: https://dmv.de.gov/

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary significantly by agency in Delaware. Always consult with a qualified Delaware attorney and review the specific agency's rules and regulations before filing. Last updated: 2026-03-07.