Agency Rulemaking Petition - Delaware

AGENCY RULEMAKING PETITION — DELAWARE

Delaware Administrative Procedures Act

29 Del. C. § 10114

PART ONE: COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City, State, ZIP Code]

Re: Petition for Rulemaking Under 29 Del. C. § 10114
Subject: Request to [Adopt / Amend / Repeal] Regulation(s) Concerning [________________________________]

Dear [________________________________] [Agency Head / Secretary / Director]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to 29 Del. C. § 10114, requesting that [________________________________] [Agency Name] initiate regulatory proceedings to [adopt / amend / repeal] regulations pertaining to [________________________________] [subject matter].

Under Delaware law, proceedings for the adoption, amendment, or repeal of a regulation may be initiated at the request of any person who petitions the agency. The agency must act on this petition at its next regular meeting, either granting the petition and initiating rulemaking proceedings or denying the petition and stating its reasons.

This petition includes the following:

☐ Formal Petition for Rulemaking
☐ Statement of Petitioner's Interest
☐ Proposed Regulatory Text
☐ Statement of Need and Basis
☐ Legal Authority Analysis
☐ Impact Analysis
☐ Supporting Evidence and Exhibits

Please acknowledge receipt of this petition. I am available to discuss the petition at your convenience.

Respectfully submitted,

[________________________________]
[Petitioner Name]
[________________________________]
[Title / Position]
[________________________________]
[Organization / Entity]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

PART TWO: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________] [AGENCY NAME]

PETITION FOR [ADOPTION / AMENDMENT / REPEAL] OF REGULATION

Petition Filed Pursuant to 29 Del. C. § 10114

I. PETITIONER INFORMATION

Petitioner Name: [________________________________]

Organization / Entity: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented): [________________________________]

Attorney Bar Number: [________________________________]

II. STANDING AND INTEREST OF PETITIONER

Under 29 Del. C. § 10114, proceedings for adoption, amendment, or repeal of a regulation may be initiated at the request of any person who petitions the agency on a form prescribed for that purpose by the Director of the Office of Management and Budget.

Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]

How Petitioner Is Affected by the Current Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

Petitioner's Standing Category:

☐ Regulated entity subject to the agency's jurisdiction
☐ Individual directly affected by agency regulations
☐ Business or organization affected by agency regulations
☐ Trade association or professional organization representing affected parties
☐ Advocacy organization with interest in the subject matter
☐ Local government or municipal entity
☐ Other interested person (specify): [________________________________]

III. RELIEF REQUESTED

Petitioner respectfully requests that [________________________________] [Agency Name] initiate regulatory proceedings to:

☐ Adopt a new regulation concerning [________________________________]
☐ Amend existing regulation(s): [________________________________] [Regulation Citation(s)]
☐ Repeal existing regulation(s): [________________________________] [Regulation Citation(s)]

Brief Summary of Requested Action:

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND BASIS

A. Problem Description

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

B. Current Regulatory Framework

[________________________________]
[________________________________]
[________________________________]

C. Deficiencies in Current Regulation

[________________________________]
[________________________________]
[________________________________]

D. How the Proposed Regulation Addresses the Problem

[________________________________]
[________________________________]
[________________________________]

E. Benefits of the Proposed Action

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED REGULATORY TEXT

Current Regulation (if amending or repealing):

[________________________________]
[Insert current regulatory text, if applicable]

Proposed New or Amended Text:

[________________________________]
[Insert proposed regulatory language]
[Use strikethrough for deletions and underline/bold for additions if amending]

Alternative Language (if any):

[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Agency's Statutory Authority

B. Consistency with Delaware Constitution and Code

[________________________________]
[________________________________]
[________________________________]

C. Consistency with Existing Regulations in the Delaware Administrative Code

[________________________________]
[________________________________]

D. Federal Preemption Analysis (if applicable)

[________________________________]
[________________________________]

E. Interaction with Other State Agency Regulations

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

Affected Parties and Estimated Costs:

B. Regulatory Flexibility Analysis

Under 29 Del. C. § 10116, a regulatory flexibility analysis and impact statement is required for proposed regulations. Petitioner provides the following assessment:

☐ The proposed regulation will not have a disproportionate impact on small businesses
☐ The proposed regulation may impact small businesses as follows:
[________________________________]
[________________________________]

C. Environmental Impact

[________________________________]
[________________________________]

D. Public Health and Safety Impact

[________________________________]
[________________________________]

E. Administrative Impact on the Agency

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

X. PETITIONER'S REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition;

2. At the agency's next regular meeting (or the next succeeding regular meeting if the petition is received within 5 days of a meeting), as required by 29 Del. C. § 10114, either:
   (a) Grant the petition and initiate regulatory proceedings in accordance with 29 Del. C. Chapter 101, Subchapter II; or
   (b) Deny the petition, giving its reasons for doing so;

3. If regulatory proceedings are initiated, follow the notice and comment procedures required under 29 Del. C. §§ 10115-10118;

4. Provide the petitioner with copies of all notices, decisions, and communications related to this petition;

5. Publish notice of the proposed regulation in the Delaware Register of Regulations as required by law.

XI. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements contained in this petition are true and correct to the best of my knowledge and belief.

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

PART THREE: FILING INSTRUCTIONS

Delaware-Specific Procedural Requirements

A. Who May Petition

Under 29 Del. C. § 10114, proceedings for the adoption, amendment, or repeal of a regulation may be initiated at the request of any person who petitions the agency.

B. Petition Form

The petition must be submitted on a form prescribed by the Director of the Office of Management and Budget. Before filing:

☐ Contact the agency to obtain the prescribed petition form
☐ Contact the Office of Management and Budget for the standard form
☐ Ensure the petition conforms to the prescribed format
☐ Attach all supporting documentation

C. Where to File

File the petition with the agency that has jurisdiction over the subject matter:

☐ Submit to the agency's main office or regulatory contact
☐ Address to the agency head or designated regulations officer
☐ Check if the agency accepts electronic submissions
☐ Retain proof of filing (certified mail receipt, date stamp, confirmation)

D. Timing Considerations

☐ Review the agency's meeting schedule before filing
☐ File well in advance of the next regular meeting (more than 5 business days is recommended)
☐ If filed within 5 days of a regular meeting, the agency may defer to the next succeeding meeting
☐ Calendar the agency's next regular meeting date for follow-up

E. Service and Copies

☐ Prepare sufficient copies for the agency and for your records
☐ Consider sending courtesy copies to the Registrar of Regulations
☐ Notify known interested parties of the filing

PART FOUR: AGENCY RESPONSE REQUIREMENTS

Timeline Under 29 Del. C. § 10114

At the agency's next regular meeting after receiving the petition, the agency must either:

1. Grant the petition and initiate the regulatory proceedings specified in Chapter 101, Subchapter II; or

2. Deny the petition and give its reasons for doing so.

Important Timing Note: If the petition is received within 5 days of the agency's regular meeting, the agency may defer action on the petition until the next succeeding regular meeting.

If the Agency Grants the Petition and Initiates Rulemaking

The agency must follow Delaware's full rulemaking procedures:

☐ Publish notice in the Delaware Register of Regulations (29 Del. C. § 10115)
☐ Provide at least 30 days for public comment after notice publication
☐ Hold a public hearing if required or requested
☐ Prepare a regulatory flexibility analysis and impact statement (29 Del. C. § 10116)
☐ Consider all written submissions and public comments
☐ Adopt, amend, or repeal the regulation in accordance with 29 Del. C. § 10117
☐ Submit the final regulation to the Registrar of Regulations for publication
☐ The regulation takes effect 10 days after publication in the Delaware Register unless otherwise specified

Notice Requirements (29 Del. C. § 10115)

The agency must provide notice including:

• The terms or substance of the proposed regulation or a description of the subjects and issues involved
• Reference to the statutory authority for the regulation
• The time, place, and manner for public comment
• The name and address of the agency contact person

If the Agency Denies the Petition

The denial must:

• Be stated at a regular meeting of the agency
• Include the agency's reasons for denial
• Be part of the official meeting record

PART FIVE: APPEAL OF DENIAL

Challenging an Agency Denial

If the agency denies the petition or fails to act at the appropriate meeting, petitioner may consider the following remedies:

A. Judicial Review (29 Del. C. § 10141 et seq.)

A person aggrieved by a final order of an agency may obtain judicial review by filing a petition in Superior Court within 30 days of the agency action.

Standard of Review:

• The Court shall determine whether the agency action:
• Is supported by substantial evidence
• Is free from legal error
• Is not arbitrary or capricious
• Does not exceed the agency's statutory authority
• Was conducted in accordance with required procedures

B. Declaratory Relief

Petitioner may seek a declaratory judgment in Superior Court regarding the validity or applicability of agency regulations.

C. Legislative Remedy

Petitioner may seek legislative intervention by contacting:

• Members of the General Assembly representing the petitioner's district
• Relevant legislative committees with jurisdiction over the subject matter
• The Governor's office

PART SIX: DOCUMENT CHECKLIST

Before Filing — Confirm Completion of All Items

☐ Obtained the prescribed petition form from the Director of the Office of Management and Budget
☐ Completed all sections of the petition with accurate information
☐ Drafted proposed regulatory text in proper format
☐ Included statement of petitioner's interest and standing
☐ Provided legal authority analysis with accurate statutory citations
☐ Prepared impact analysis including regulatory flexibility assessment
☐ Gathered and attached all supporting exhibits
☐ Confirmed the agency's next regular meeting date
☐ Filed more than 5 days before the next regular meeting (recommended)
☐ Proofread the petition for accuracy and completeness
☐ Obtained attorney review (recommended)
☐ Prepared sufficient copies for filing and records
☐ Arranged for proper filing and proof of delivery
☐ Calendared the agency's next regular meeting for follow-up
☐ Retained a complete copy of the petition and all exhibits

PART SEVEN: PRACTICE TIPS FOR DELAWARE

Strategic Considerations

1. Obtain the Prescribed Form. Delaware requires that the petition be submitted on a form prescribed by the Director of the Office of Management and Budget. Contact the OMB or the target agency to obtain this form before preparing the petition.

2. File Well Before the Meeting. Because the agency must act at its next regular meeting, and may defer if the petition is received within 5 days of a meeting, file as early as possible to avoid delays. Review the agency's published meeting schedule.

3. Understand Agency Meeting Schedules. Different Delaware agencies meet at different intervals — some monthly, some quarterly. Research the meeting frequency to plan your filing timeline appropriately.

4. Engage the Registrar of Regulations. The Registrar of Regulations, housed within the Division of Research of the General Assembly, publishes the Delaware Register of Regulations and maintains the Administrative Code. Familiarity with the Registrar's office can be helpful in tracking regulatory proceedings.

5. Build Support Before Filing. Consider gathering support from industry groups, affected individuals, and other stakeholders. Present letters of support and sign-on letters as exhibits to the petition.

6. Prepare for Public Comment. If the petition is granted, a public comment period of at least 30 days follows. Prepare your public comments and encourage supporters to participate.

7. Monitor the Delaware Register of Regulations. All proposed regulations are published in the Delaware Register of Regulations, available at https://regulations.delaware.gov. Monitor it for agency action on your petition.

8. Consider the Regulatory Flexibility Analysis. Under 29 Del. C. § 10116, agencies must prepare a regulatory flexibility analysis. Address small business impacts proactively in your petition to help the agency anticipate this requirement.

9. Document Everything. Keep detailed records of all filings, communications, and agency responses. Delaware's judicial review provisions have strict timelines for seeking court review of agency actions.

10. Know the Judicial Review Timeline. If the agency denies the petition and you seek judicial review, the petition must be filed in Superior Court within 30 days of the agency action under 29 Del. C. § 10142.

SOURCES AND REFERENCES

• Delaware Code, Title 29, Chapter 101, Subchapter II — Agency Regulations
• § 10114: Initiation of regulatory proceedings
• § 10115: Notice requirements
• § 10116: Regulatory flexibility analysis and impact statement
• § 10117: Procedures for adoption of regulations
• § 10118: Emergency regulations
• § 10141: Right to judicial review
• § 10142: Petition for review; filing of record
• Delaware Code Online: https://delcode.delaware.gov/title29/c101/sc02/index.shtml
• Delaware Register of Regulations: https://regulations.delaware.gov
• Registrar of Regulations: https://legis.delaware.gov/Offices/DivisionOfResearch/RegistrarOfRegulations
• Delaware Office of Management and Budget (for prescribed petition forms)

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Delaware before filing a petition for rulemaking. Statutory citations are current as of the last updated date but should be independently verified.