Templates Administrative Law Professional Licensing Appeal - Delaware
Delaware Administrative Law
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PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

(29 Del. C. Section 10142)

CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [COUNTY] COUNTY
[PETITIONER/LICENSEE], Petitioner,
v.
[AGENCY/BOARD NAME], Respondent.
C.A. No.: [___]

INTRODUCTION

  • Petition for judicial review challenging Respondent's [Denial/Discipline/Suspension/Revocation] of [License Type] issued [DATE] pursuant to the Delaware Administrative Procedures Act, 29 Del. C. Section 10101 et seq.

JURISDICTION, VENUE, AND TIMELINESS

  • Jurisdiction under 29 Del. C. Section 10142; venue proper in [County] Superior Court.
  • Petition timely filed within 30 days of service of final administrative decision as required by 29 Del. C. Section 10142.
  • Administrative remedies exhausted per 29 Del. C. Section 10142.

PARTIES

  • Petitioner [Name], license number [___].
  • Respondent [Agency/Board], state agency located at [Address].

PROCEDURAL HISTORY

  • Summary of accusation/notice, hearing date(s), proposed decision (if applicable), Board adoption/modification, and service of final decision on [DATE].

STANDARD OF REVIEW AND GROUNDS (29 Del. C. Section 10142)

The court shall not substitute its judgment for that of the agency as to the weight of the evidence, but shall affirm unless the agency decision is:
- ☐ In violation of constitutional provisions
- ☐ In excess of the statutory authority of the agency
- ☐ Made upon unlawful procedure
- ☐ Affected by other error of law
- ☐ Unsupported by substantial evidence
- ☐ Arbitrary or capricious

ALLEGATIONS (SUMMARY)

  • [Facts showing evidentiary gaps, legal errors, bias, or procedural defects].

RELIEF REQUESTED

  • Reverse or modify the agency decision and [reinstate license/issue license/remand].
  • Stay enforcement pending review per 29 Del. C. Section 10144.
  • Costs and attorney's fees as permitted and other relief as just.

ADMINISTRATIVE RECORD

  • The agency shall file the record; Petitioner will pay costs as required.

VERIFICATION AND SIGNATURE

  • Signature of Petitioner/counsel; proof of service on Respondent and Attorney General.

DELAWARE-SPECIFIC PROCEDURAL NOTES

  • The petition for review must be filed within 30 days after service of the final decision.
  • Service must be made on the agency and the Attorney General.
  • The court conducts review without a jury on the basis of the agency record.
  • The court may grant a stay of the agency decision upon appropriate terms pending the appeal under 29 Del. C. Section 10144.

[// GUIDANCE: For Delaware licensing appeals, 29 Del. C. Section 10144 permits the court to stay enforcement. The standard of review is whether the decision is supported by substantial evidence and not arbitrary or capricious.]

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