Petition for Reconsideration (Administrative Agency) - Delaware

PETITION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Delaware — Delaware Administrative Procedures Act (29 Del. C. § 10101 et seq.)

CRITICAL DEADLINE NOTICE — READ BEFORE FILING

Check APA coverage first: The case-decision and judicial-review provisions of 29 Del. C. Ch. 101 apply only to agencies listed in § 10161(a). Other agencies have different review routes. Unemployment Insurance Appeal Board decisions follow 19 Del. C. § 3323(a), which provides a 10-day period after the Board decision becomes final; do not use the § 10142 deadline for that appeal. Check the governing agency and decision before using this petition.

The Delaware Administrative Procedures Act (APA), 29 Del. C. Ch. 101, does not contain a general statutory right to reconsideration or rehearing of a case decision by the agency itself. 29 Del. C. § 10129 governs ex parte consultations — it is not a reconsideration provision. Any right to seek reconsideration or rehearing before the agency must come from an agency-specific statute or regulation. You must verify whether the specific agency whose decision is being challenged even authorizes reconsideration, and if so, its deadline, before relying on this petition.

Common Delaware agency reconsideration timeframes (illustrative only — confirm current agency rule):
- Some agencies and boards allow a limited window (commonly on the order of 10–20 days) from the final order to petition for reconsideration or rehearing, if their enabling statute or regulations provide for it
- Delaware Department of Health and Social Services (DHSS): specific fair hearing rules
- Delaware Division of Motor Vehicles (DMV): specific hearing and appeal procedures
- Delaware Department of Labor: unemployment insurance appeals follow 19 Del. C. Ch. 33, not this general APA route
- Professional licensing boards: board-specific reconsideration rules

Judicial review deadline for covered case decisions: If the deciding agency is listed in § 10161(a) and § 10142 governs its decision, a party may appeal to the Superior Court within 30 days of the day notice of the decision was mailed. Section 10141 addresses regulations. Whether an agency reconsideration petition affects the applicable appeal deadline requires review of the agency's governing law and rules. Do not assume tolling — confirm with counsel and consider a timely protective appeal.

Scope of judicial review: Under 29 Del. C. § 10142(c)–(d), the appeal is on the record without a trial de novo, and — in the absence of actual fraud — the Superior Court's review is limited to determining whether the agency's decision was supported by substantial evidence on the record before the agency. If the record is insufficient for review, the Court shall remand to the agency for further proceedings.

ABOUT THIS DOCUMENT

This Petition for Reconsideration is a formal request to a Delaware administrative agency to review and change its own final order in a contested case. It is filed with the agency and is typically sought before or alongside filing for judicial review in the Superior Court.

Examples of bodies listed in § 10161(a) (confirm the particular decision and agency-specific reconsideration authority before filing):

• Delaware Division of Professional Regulation and listed professional licensing boards
• Environmental Appeals Board
• Public Service Commission
• State Insurance Commissioner
• State Board of Education
• State Banking Commissioner
• Tax Appeal Board

GROUNDS FOR RECONSIDERATION CHECKLIST

Check all grounds that apply:

☐ Error of Law — The agency incorrectly applied or interpreted a statute, regulation, or controlling legal standard

☐ Error of Fact / Substantial Evidence — The agency's findings of fact are not supported by substantial evidence on the whole record

☐ Newly Discovered Evidence — Material evidence was discovered after the hearing that could not reasonably have been discovered and presented at the hearing with due diligence

☐ Agency Exceeded Its Statutory Authority — The agency acted outside the scope of the authority granted to it by the Delaware General Assembly

☐ Decision Is Arbitrary, Capricious, or an Abuse of Discretion — The agency's decision lacks a rational, reasoned basis consistent with the record and applicable law

☐ Violation of Due Process — Petitioner was denied adequate notice, an opportunity to be heard, or other procedural rights guaranteed by 29 Del. C. § 10121 et seq. or constitutional due process

☐ Constitutional Violation — The decision or underlying rule violates the Delaware or United States Constitution

☐ Improper Evidentiary Ruling — The agency improperly admitted or excluded material evidence that affected the outcome

☐ Inadequate Findings of Fact or Conclusions of Law — The order fails to include the findings required by 29 Del. C. § 10128

☐ Penalty Is Excessive or Disproportionate — The penalty imposed is not proportionate to the violation and is unsupported by the record or agency precedent

☐ Clerical or Mathematical Error — The order contains an error of computation or transcription affecting the result

☐ Other: [________________________________]

PETITION FOR RECONSIDERATION

BEFORE THE [________________________________]
STATE OF DELAWARE

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Case/Docket No.: [________________________________]

Order/Decision No.: [________________________________]

Date of Final Order: [__/__/____]

PETITION FOR RECONSIDERATION PURSUANT TO APPLICABLE AGENCY-SPECIFIC RULES

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], DE [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Registration No. (if applicable): [________________________________]
Delaware Business Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel:

Attorney Name: [________________________________]
Delaware Bar ID No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], DE [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Program (if applicable): [________________________________]
Secretary/Director/Commissioner: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], DE [____]

1.4 Other Parties of Record:

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory Basis:

This Petition is filed pursuant to the following agency-specific statute(s) or regulation(s) governing reconsideration.

Agency rule/regulation authorizing reconsideration: [________________________________]
Delaware Administrative Code citation: [________________________________]

2.2 Timeliness — Deadline Calculation:

The final order was issued on: [__/__/____]
The final order was served on Petitioner on: [__/__/____]

The applicable reconsideration deadline under agency rules expires on: [__/__/____]
Basis for deadline (cite agency rule): [________________________________]

This Petition is filed on: [__/__/____]

☐ This Petition is timely filed within the applicable reconsideration deadline.

2.3 WARNING — Judicial Review Deadline:

If the deciding agency is listed in 29 Del. C. § 10161(a) and § 10142(b) governs this case decision, an appeal to the Delaware Superior Court must be filed within 30 days of the day notice of the decision was mailed. Confirm the applicable appeal provision and whether a reconsideration request affects its deadline under the agency's governing law and rules.

Judicial review deadline (absent tolling): [__/__/____]

☐ Petitioner has confirmed with counsel that this reconsideration petition tolls the judicial review deadline under [________________________________]
☐ Petitioner is simultaneously filing a protective petition for judicial review in Superior Court to preserve rights

2.4 Agency Authority:

The [________________________________] has jurisdiction pursuant to:

Governing statute: [________________________________]
Delaware Administrative Code: [________________________________]

SECTION 3 — DESCRIPTION OF CHALLENGED ORDER

3.1 Identification of Final Order:

Title of Order: [________________________________]
Order Number: [________________________________]
Date Issued: [__/__/____]
Date Served on Petitioner: [__/__/____]
Hearing Officer / Agency Decision-Maker: [________________________________]

3.2 Nature of the Contested Case:

☐ Professional license denial, suspension, revocation, or non-renewal (DPR)
☐ Civil penalty or fine
☐ Environmental enforcement or permit action (DNREC)
☐ Tax Appeal Board decision (confirm its specific review procedure)
☐ Medicaid or public benefits action (DHSS)
☐ Driver licensing action (DMV)
☐ Utility regulatory order (PSC)
☐ Insurance regulatory action
☐ Educator certification action (DOE)
☐ Banking regulatory action
☐ Other: [________________________________]

3.3 Summary of Challenged Order:

[Describe the specific findings, conclusions, and orders being challenged. Cite the specific pages and paragraphs of the order. State what the agency found, what it ordered or denied, and what Petitioner contends is erroneous.]

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

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date proceeding was initiated: [__/__/____]
Initiating party: [________________________________]
Nature of initial action: [________________________________]

4.2 Notice and Prehearing Proceedings:

Notice of hearing served: [__/__/____]
Prehearing conference: ☐ Yes ☐ No Date: [__/__/____]
Discovery: [________________________________]
Prehearing motions: [________________________________]

4.3 Hearing:

☐ Formal evidentiary hearing held
☐ Informal hearing or conference
☐ Decision on the record without hearing

Hearing date(s): [__/__/____] through [__/__/____]
Presiding officer: [________________________________]
Location: [________________________________]

Witnesses for Petitioner:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]

Witnesses for Agency:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]

Key evidence admitted:

• [________________________________]
• [________________________________]

4.4 Final Order:

Final order issued on [__/__/____] and served on Petitioner on [__/__/____].

SECTION 5 — STATEMENT OF FACTS

5.1 Background:

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

5.2 Agency's Factual Findings and Petitioner's Dispute:

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

5.3 Facts Supporting Ground 1 ([________________________________]):

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

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description: [________________________________]
Date discovered: [__/__/____]
Why not available at hearing despite due diligence: [________________________________]
How material to outcome: [________________________________]

SECTION 6 — GROUNDS FOR RECONSIDERATION AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Order:

[Identify the precise finding, conclusion, or page/paragraph of the order that is erroneous or unlawful.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard, e.g., "Under 29 Del. C. § 10142, the Superior Court may reverse an agency decision that is not supported by substantial evidence. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. The agency's legal conclusions are reviewed de novo."]

[________________________________]
[________________________________]

Argument:

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

Supporting Authorities:

• Delaware Statute (Del. C.): [________________________________]
• Delaware Administrative Code: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

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

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

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

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ Vacate the Final Order and dismiss the proceeding

☐ Modify the Final Order as follows: [________________________________]

☐ Remand for a new or supplemental evidentiary hearing on: [________________________________]

☐ Remand for additional or corrected findings of fact or conclusions of law on: [________________________________]

☐ Reduce the penalty from [________________________________] to [________________________________]

☐ Reinstate or grant the license, permit, or certification at issue

☐ Stay enforcement of the Final Order pending resolution of this Petition and any subsequent judicial review

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — SIGNATURE AND ANY REQUIRED VERIFICATION

I, [________________________________], have reviewed the foregoing Petition for Reconsideration and confirm that its factual statements are true and correct to the best of my knowledge and belief.

If the governing agency rule requires a sworn verification, attach an affidavit signed under oath in the form that rule requires. Delaware's general unsworn foreign declarations law, 10 Del. C. § 5353, applies only when the declarant is physically outside the United States at the time of the declaration.

Executed on [__/__/____] at [________________________________], Delaware.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Delaware Bar ID No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], DE [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Petitioner [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a copy of the foregoing Petition for Reconsideration upon all parties of record by the method(s) indicated:

Agency Clerk / Docket Officer:
[________________________________] — [________________________________], DE [____]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail (No.: [________________________________]) ☐ Email: [________________________________]

Agency Legal Division / Deputy Attorney General:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

Opposing Party or Counsel:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Action on This Petition:

The agency will consider this petition in accordance with its applicable procedural rules and may grant or deny reconsideration with or without a hearing. Petitioner should confirm the agency's expected response timeline under its specific rules.

12.2 Judicial Review Under 29 Del. C. § 10142:

For a covered agency and case decision under 29 Del. C. §§ 10161(a) and 10142, an appeal must be filed in the Delaware Superior Court within 30 days of the day notice of the decision was mailed. Section 10141 concerns regulations. Confirm any agency-specific review or reconsideration rule before calculating the deadline; do not assume a reconsideration request extends it.

Key requirements for Superior Court review:

• File in the Superior Court (the "Court" under 29 Del. C. § 10102(4) is the Superior Court of the State, except that appeals from the Division of Child Support Services are heard in Family Court)
• Name the agency as respondent
• The appeal is on the record without a trial de novo (29 Del. C. § 10142(c))
• In the absence of actual fraud, the Court's review of factual findings is limited to whether the agency's decision was supported by substantial evidence on the record before the agency (29 Del. C. § 10142(d))
• If the record is insufficient for review, the Court shall remand the case to the agency for further proceedings
• Enforcement of the agency's decision may be stayed by the Court only upon a preliminary hearing finding that the issues and facts presented are substantial and that a stay is required to prevent irreparable harm (29 Del. C. § 10144)

12.3 Specialized Agency Procedures:

Unemployment insurance appeals follow 19 Del. C. Ch. 33; § 3323(a) provides for judicial review within 10 days after an Unemployment Insurance Appeal Board decision becomes final. Other programs, including Medicaid fair hearings and professional licensing, can have additional procedures. Confirm the specific framework before using this form.

12.4 Stay of Order:

Filing this petition does not automatically stay the final order. A separate stay request must be made to the agency (if authorized by agency rules) or to the Superior Court upon the filing of a petition for judicial review.

This template was prepared for use in Delaware administrative proceedings under 29 Del. C. § 10101 et seq. It must be reviewed by a qualified attorney licensed in Delaware before use. Agency-specific reconsideration deadlines and tolling rules must be confirmed before relying on this petition.