Professional Licensing Appeal - Delaware

PROFESSIONAL LICENSING APPEAL — DELAWARE

Overview

This template provides forms and guidance for appealing professional licensing disciplinary actions in Delaware. Professional licensing in Delaware is administered by the Division of Professional Regulation (DPR) within the Department of State, which oversees more than 30 licensing boards and commissions under Title 24 of the Delaware Code. Disciplinary proceedings are governed by the Delaware Administrative Procedures Act (DAPA), 29 Del. C. § 10101 et seq. Judicial review of final board decisions is available in the Superior Court under 29 Del. C. § 10142.

PART ONE: APPEAL COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
[Attorney Name / Petitioner Pro Se]

VIA HAND DELIVERY / CERTIFIED MAIL

Prothonotary
Superior Court of the State of Delaware
In and For [________________________________] County
[________________________________]
[________________________________]

Re: Petition for Judicial Review — [________________________________] v. [________________________________]
License Type: [________________________________]
License Number: [____]
Board/Agency Decision Date: [__/__/____]

Dear Sir or Madam:

Enclosed for filing please find the following documents in connection with the above-referenced matter:

☐ Petition for Judicial Review of Administrative Decision (Original and [____] copies)
☐ Filing fee of $[____]
☐ Civil Case Information Statement
☐ Certificate of Service upon Respondent Agency
☐ Certificate of Service upon the Delaware Attorney General
☐ Motion for Stay of Agency Order Pending Review (if applicable)
☐ Proposed Order on Stay (if applicable)
☐ Request for Preparation of Administrative Record

This Petition is filed pursuant to 29 Del. C. § 10142, seeking judicial review of the final decision of the [________________________________] dated [__/__/____].

Please file-stamp the enclosed copy and return it to the undersigned in the self-addressed, stamped envelope provided.

Respectfully submitted,

_________________________________
[Attorney Name], Esq.
Delaware Bar No. [____]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

PART TWO: PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

PETITION FOR JUDICIAL REVIEW

(29 Del. C. § 10142)

Petitioner [________________________________] ("Petitioner"), by and through [his/her/their] undersigned attorney [or pro se], respectfully petitions this Honorable Court for judicial review of the final decision of Respondent [________________________________] ("Board" or "Agency") entered on [__/__/____], and in support thereof states:

I. PARTIES

1. Petitioner [________________________________] is a [licensed/applicant for licensure as a] [________________________________] in the State of Delaware, holding License No. [____], with a principal address at [________________________________].

2. Respondent [________________________________] is a state agency established under Title 24 of the Delaware Code, with offices located at [________________________________], Dover, Delaware.

II. JURISDICTION, VENUE, AND TIMELINESS

3. This Court has jurisdiction over this Petition pursuant to 29 Del. C. § 10142, which provides for judicial review of final agency decisions in contested cases.

4. Venue is proper in [________________________________] County Superior Court pursuant to 29 Del. C. § 10142.

5. The Board served its final decision upon Petitioner on [__/__/____]. This Petition is filed within thirty (30) days of service of the final decision, as required by 29 Del. C. § 10142(a).

6. Petitioner has exhausted all available administrative remedies as required by 29 Del. C. § 10142.

III. STATEMENT OF THE CASE

7. On or about [__/__/____], the Board issued a [Notice of Charges / Accusation / Complaint] against Petitioner alleging [________________________________].

8. A hearing was conducted before [a hearing panel of the Board / the full Board] on [__/__/____] [through [__/__/____]].

9. The hearing panel consisted of [________________________________] [two professional members and one public member, as required by 29 Del. C. § 8735].

10. On [__/__/____], the hearing panel issued its written order recommending [________________________________].

11. On [__/__/____], the full Board [approved / modified / rejected] the hearing panel's order and issued its final decision ordering [________________________________].

12. The Board's final decision was served upon Petitioner on [__/__/____].

IV. ISSUES PRESENTED FOR REVIEW

13. Whether the Board's decision is supported by substantial evidence in the record.

14. [________________________________]

15. [________________________________]

16. [________________________________]

V. STANDARD OF REVIEW

17. Pursuant to 29 Del. C. § 10142(d), this Court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The Court's review is limited to the record before the agency.

18. The Court shall affirm the agency decision unless it finds that the decision is:

☐ In violation of constitutional provisions
☐ In excess of the statutory authority or jurisdiction of the agency
☐ Made upon unlawful procedure
☐ Affected by other error of law
☐ Unsupported by substantial evidence on the record
☐ Arbitrary or capricious or characterized by abuse of discretion

VI. GROUNDS FOR APPEAL

Ground 1: [________________________________]

19. [________________________________]

20. [________________________________]

Ground 2: [________________________________]

21. [________________________________]

22. [________________________________]

Ground 3: [________________________________]

23. [________________________________]

24. [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

a. Reverse the Board's decision dated [__/__/____];

b. [Reinstate Petitioner's license / Direct the Board to issue Petitioner's license / Remand the matter to the Board for further proceedings consistent with the Court's decision];

c. Stay enforcement of the Board's order pending the outcome of this appeal, pursuant to 29 Del. C. § 10144;

d. Award Petitioner costs and attorney's fees as permitted by law; and

e. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

_________________________________
[Attorney Name], Esq.
Delaware Bar No. [____]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

Dated: [__/__/____]

PART THREE: MOTION FOR STAY OF AGENCY ORDER PENDING REVIEW

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

MOTION FOR STAY OF AGENCY ORDER PENDING JUDICIAL REVIEW

(29 Del. C. § 10144)

Petitioner [________________________________], by and through [his/her/their] undersigned attorney, respectfully moves this Court for a stay of the order of Respondent [________________________________] pending judicial review, and in support thereof states:

1. On [__/__/____], Respondent entered a final order [revoking / suspending / imposing conditions upon] Petitioner's [________________________________] license.

2. Petitioner filed a Petition for Judicial Review of said order on [__/__/____].

3. Pursuant to 29 Del. C. § 10144, the Court may grant a stay of the agency's order upon appropriate terms pending the Court's review.

4. Likelihood of Success on the Merits. Petitioner is likely to succeed on the merits of this appeal because [________________________________].

5. Irreparable Harm. Without a stay, Petitioner will suffer irreparable harm in that [________________________________].

6. Balance of Harms. The balance of harms favors a stay because [________________________________].

7. Public Interest. A stay will not adversely affect the public interest because [________________________________].

WHEREFORE, Petitioner respectfully requests that this Court enter an Order staying the enforcement of the Board's order pending the resolution of this judicial review proceeding.

Respectfully submitted,

_________________________________
[Attorney Name], Esq.

Dated: [__/__/____]

PART FOUR: STATEMENT OF ISSUES ON APPEAL

ISSUES FOR JUDICIAL REVIEW

The following issues are presented for the Court's consideration:

Issue 1: [________________________________]

☐ Constitutional violation (Art. [____], § [____], Delaware Constitution; Amendment [____], U.S. Constitution)
☐ Statutory authority exceeded (24 Del. C. § [____])
☐ Unlawful procedure (29 Del. C. § [____])
☐ Error of law
☐ Unsupported by substantial evidence
☐ Arbitrary or capricious

Supporting facts: [________________________________]

Issue 2: [________________________________]

☐ Constitutional violation
☐ Statutory authority exceeded
☐ Unlawful procedure
☐ Error of law
☐ Unsupported by substantial evidence
☐ Arbitrary or capricious

Supporting facts: [________________________________]

Issue 3: [________________________________]

☐ Constitutional violation
☐ Statutory authority exceeded
☐ Unlawful procedure
☐ Error of law
☐ Unsupported by substantial evidence
☐ Arbitrary or capricious

Supporting facts: [________________________________]

PART FIVE: GROUNDS FOR APPEAL — DETAILED ANALYSIS

A. Evidentiary Insufficiency

The Board's findings of fact are not supported by substantial evidence in the record because:

☐ The Board relied on hearsay evidence without corroboration
☐ The Board credited unreliable testimony over contradictory documentary evidence
☐ The Board ignored exculpatory or mitigating evidence
☐ The expert testimony relied upon by the Board was insufficient or flawed
☐ The Board's factual findings are internally inconsistent
☐ Other: [________________________________]

B. Legal Error

The Board committed errors of law in that:

☐ The Board misinterpreted or misapplied the governing statutes (24 Del. C. § [____])
☐ The Board applied an incorrect standard of proof
☐ The Board failed to apply required elements of the offense
☐ The Board improperly shifted the burden of proof to Petitioner
☐ The Board relied upon unpromulgated rules or policies
☐ Other: [________________________________]

C. Procedural Defects

The Board's proceedings were affected by unlawful procedure in that:

☐ Petitioner did not receive adequate notice of the charges (29 Del. C. § 10122)
☐ Petitioner was denied the right to present evidence or cross-examine witnesses
☐ The hearing panel was not properly constituted under 29 Del. C. § 8735
☐ The Board failed to follow its own rules of procedure
☐ The Board considered ex parte communications
☐ A Board member with a conflict of interest participated in the decision
☐ The Board failed to issue written findings of fact and conclusions of law
☐ Other: [________________________________]

D. Constitutional Violations

The Board's action violated Petitioner's constitutional rights in that:

☐ Due process — inadequate notice or opportunity to be heard
☐ Due process — biased or prejudged tribunal
☐ Equal protection — disparate treatment compared to similarly situated licensees
☐ Vagueness — the regulation or standard applied is unconstitutionally vague
☐ Other: [________________________________]

E. Disproportionate Sanction

The sanction imposed by the Board is disproportionate to the misconduct because:

☐ The Board failed to consider mitigating factors
☐ The Board imposed a harsher sanction than warranted by precedent
☐ The Board failed to consider alternatives to [revocation / suspension]
☐ The Board failed to consider Petitioner's [years of practice / clean record / remedial measures]
☐ Other: [________________________________]

PART SIX: HEARING PROCEDURES AND EVIDENCE

A. Hearing Before the Board

Under Delaware law, before a professional license may be suspended, revoked, or otherwise disciplined:

1. Notice Requirements. The licensee must be served with written notice of the charges in accordance with 29 Del. C. § 10122.

2. Hearing Panel. Licensing boards may nominate at least three members (two professional members and one public member, if practical) to serve on a hearing panel to decide disciplinary complaints under 29 Del. C. § 8735.

3. Hearing Conduct. The hearing is conducted in accordance with the Administrative Procedures Act, 29 Del. C. Ch. 101.

4. Panel Order. The hearing panel issues a written order, which is not final until approved by the full board.

5. Board Review. By majority vote, the board approves or rejects the hearing panel's order based solely on the information contained in the written order. The board shall overturn the hearing panel's decision only if it is: (a) contrary to a specific state or federal law or regulation; (b) not supported by substantial evidence; or (c) arbitrary or capricious.

B. Rules of Evidence at Board Hearing

☐ The rules of evidence as applied in civil cases in Superior Court apply, except as modified by DAPA
☐ Hearsay evidence may be admitted if it is the type relied upon by reasonably prudent persons
☐ Documentary evidence may be received in the form of copies or excerpts
☐ Official notice may be taken of judicially cognizable facts and generally recognized technical or scientific facts

C. Record on Appeal

Pursuant to 29 Del. C. § 10142, the appeal to Superior Court is on the record without a trial de novo. The record includes:

☐ Notice of charges and all pleadings
☐ Transcript of the hearing
☐ All exhibits admitted into evidence
☐ The hearing panel's written order
☐ The Board's final decision
☐ Any motions, briefs, or other filings

PART SEVEN: STANDARD OF REVIEW — DETAILED GUIDANCE

Substantial Evidence Standard

Under 29 Del. C. § 10142(d), the Superior Court reviews agency decisions on the administrative record. The Court will not substitute its judgment for that of the agency on factual questions. The standard applied is whether the agency's decision is supported by "substantial evidence," defined as:

• Such relevant evidence as a reasonable mind might accept as adequate to support a conclusion
• More than a mere scintilla but may be less than a preponderance
• The reviewing court considers the record as a whole, including evidence that detracts from the agency's finding

Deference to Agency Expertise

Delaware courts generally give deference to the professional expertise of licensing boards in evaluating evidence within their area of specialized knowledge. However, deference is not unlimited:

• The Board must articulate a rational basis for its findings
• The Board's legal conclusions are reviewed de novo
• Mixed questions of law and fact receive an intermediate level of review

PART EIGHT: REINSTATEMENT / RESTORATION PETITION

PETITION FOR REINSTATEMENT OF PROFESSIONAL LICENSE

To: [________________________________] Board
Division of Professional Regulation
Cannon Building, Suite 203
861 Silver Lake Boulevard
Dover, Delaware 19904

Petitioner [________________________________] hereby petitions the [________________________________] Board for reinstatement of [his/her/their] [________________________________] license, License No. [____], and states:

1. Prior Disciplinary Action. On [__/__/____], the Board entered an order [revoking / suspending] Petitioner's license based upon findings of [________________________________].

2. Period of Discipline. Petitioner's license has been [revoked / suspended] since [__/__/____], a period of [____] [months/years].

3. Compliance with Conditions. Petitioner has fully complied with all conditions imposed by the Board, including:
   ☐ Completion of continuing education: [________________________________]
   ☐ Completion of remedial coursework: [________________________________]
   ☐ Payment of fines and costs: $[____]
   ☐ Completion of counseling or treatment: [________________________________]
   ☐ Community service: [________________________________]
   ☐ Other: [________________________________]

4. Rehabilitation and Fitness. Petitioner is rehabilitated and fit to return to practice because [________________________________].

5. Character References. Attached hereto are [____] character reference letters from [________________________________].

6. Current Good Standing. Petitioner certifies:
   ☐ No criminal convictions since the date of the disciplinary order
   ☐ No pending criminal charges
   ☐ No disciplinary actions in other jurisdictions
   ☐ No substance abuse issues (or completion of treatment program)
   ☐ Maintenance of current knowledge through continuing education

WHEREFORE, Petitioner respectfully requests that the Board reinstate [his/her/their] [________________________________] license [with conditions / without conditions].

_________________________________
Petitioner / Attorney for Petitioner
Dated: [__/__/____]

PART NINE: COMMON DELAWARE LICENSING BOARDS DIRECTORY

Division of Professional Regulation General Contact:

• Address: Cannon Building, Suite 203, 861 Silver Lake Boulevard, Dover, DE 19904
• Phone: (302) 744-4500
• Website: https://dpr.delaware.gov

PART TEN: DOCUMENT CHECKLIST

Before Filing Petition for Judicial Review

☐ Confirmed final agency decision has been received and date of service noted
☐ Calculated 30-day filing deadline under 29 Del. C. § 10142(a): Deadline is [__/__/____]
☐ Verified exhaustion of all administrative remedies
☐ Obtained copy of complete administrative record
☐ Prepared Petition for Judicial Review
☐ Prepared Civil Case Information Statement
☐ Prepared Certificate of Service for Respondent Agency
☐ Prepared Certificate of Service for Delaware Attorney General
☐ Calculated filing fee and prepared payment
☐ Determined proper county for venue

Filing and Service

☐ Filed Petition with the Prothonotary of [________________________________] County Superior Court
☐ Served copy on Respondent Agency at its principal office
☐ Served copy on the Delaware Attorney General
☐ Filed proof of service with the Court
☐ Requested preparation of administrative record from the Agency
☐ Received file-stamped copy of Petition

Stay Proceedings (if applicable)

☐ Prepared Motion for Stay under 29 Del. C. § 10144
☐ Prepared supporting affidavit or declaration
☐ Prepared proposed order
☐ Filed Motion for Stay with the Court
☐ Served Motion for Stay on Respondent and Attorney General
☐ Scheduled hearing on stay motion (if required)

Post-Filing

☐ Confirmed Agency filing of administrative record
☐ Reviewed administrative record for completeness
☐ Filed any objections to administrative record within applicable deadline
☐ Prepared opening brief per Court scheduling order
☐ Filed opening brief
☐ Received and reviewed Respondent's answering brief
☐ Filed reply brief (if permitted)
☐ Attended oral argument (if scheduled)

PART ELEVEN: PRACTICE TIPS FOR DELAWARE LICENSING APPEALS

Timing and Deadlines

1. 30-Day Filing Deadline. The petition for judicial review must be filed within 30 days after service of the final decision. 29 Del. C. § 10142(a). This deadline is jurisdictional and strictly enforced.

2. Service Requirement. Service must be made on both the agency and the Delaware Attorney General. Failure to serve the Attorney General may result in dismissal.

3. Record Filing. The agency is required to file the administrative record with the Court. Petitioner may be required to pay costs for preparation of the record.

Substantive Considerations

4. Hearing Panel Structure. Delaware uses a unique hearing panel structure under 29 Del. C. § 8735. Boards nominate at least three members (two professional, one public) to form a hearing panel. The panel's order is not final until approved by the full board, and the board may only overturn the panel if the decision is contrary to law, unsupported by substantial evidence, or arbitrary and capricious.

5. No Trial De Novo. The Superior Court conducts review on the administrative record only. 29 Del. C. § 10142(d). No new evidence is permitted unless the Court finds the record insufficient, in which case it may remand to the agency.

6. Standard of Review. The "substantial evidence" standard is the primary standard. The Court does not reweigh evidence but examines whether a reasonable mind could accept the evidence as adequate to support the conclusion.

7. Stay Pending Appeal. Under 29 Del. C. § 10144, the Court may grant a stay of the agency order upon "appropriate terms." Practitioners should be prepared to address the traditional stay factors: likelihood of success, irreparable harm, balance of harms, and public interest.

Strategic Considerations

8. Preserve Issues. All issues raised on appeal must have been raised before the agency. Failure to raise an issue below generally results in waiver.

9. Board Composition Challenges. If a Board member with a conflict of interest participated in the decision, challenge the Board's composition as a procedural defect.

10. Proportionality. Delaware courts have recognized that sanctions must be proportionate to the misconduct. Document how similarly situated licensees have been treated for comparable violations.

11. Attorney General Involvement. The Attorney General's office typically represents the licensing board on appeal. Be aware that the Deputy Attorney General assigned may have also advised the Board during the disciplinary proceedings.

PART TWELVE: SOURCES AND REFERENCES

Statutes

• Delaware Administrative Procedures Act: 29 Del. C. §§ 10101–10162
• Judicial Review of Case Decisions: 29 Del. C. § 10142
• Stay of Agency Orders: 29 Del. C. § 10144
• Division of Professional Regulation: 29 Del. C. § 8735
• Professions and Occupations: 24 Del. C. (individual chapter for each profession)

Court Resources

• Delaware Superior Court — Administrative Appeals: https://courts.delaware.gov/help/appeals/administrative.aspx
• Delaware Superior Court Rules of Civil Procedure

Agency Resources

• Division of Professional Regulation: https://dpr.delaware.gov
• Cannon Building, Suite 203, 861 Silver Lake Boulevard, Dover, DE 19904
• Phone: (302) 744-4500

Key Case Law

• Consult Delaware Superior Court and Supreme Court decisions interpreting 29 Del. C. § 10142 for current standards of review and procedural requirements

This template is provided for informational purposes only and does not constitute legal advice. Professional licensing disciplinary proceedings can have serious consequences for your livelihood and career. You should consult with a qualified Delaware attorney experienced in administrative law and professional licensing defense before using this template. Laws and procedures may change; verify all citations and requirements before filing.