Petition for Judicial Review of Administrative Decision - Delaware

PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

State of Delaware

Delaware Administrative Procedures Act, 29 Del. C. § 10142

COURT CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [________________________________] COUNTY

C.A. No.: ___________________

[________________________________],
Petitioner,

v.

[________________________________],
Respondent.

PETITION FOR JUDICIAL REVIEW

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Timeliness of Appeal
5. Exhaustion of Administrative Remedies
6. Statement of the Case
7. Standard of Review
8. Claims for Relief
9. Request for Stay of Agency Action
10. Prayer for Relief
11. Verification
12. Signature Block
13. Certificate of Service

I. PRELIMINARY STATEMENT

1. Petitioner [________________________________] ("Petitioner") hereby files this Petition for Judicial Review pursuant to the Delaware Administrative Procedures Act ("APA"), 29 Del. C. § 10142, seeking review of the final case decision (the "Decision") issued by [________________________________] (the "Agency") on [__/__/____].

2. The Decision [describe action]: [________________________________]

3. The Decision is erroneous and should be reversed or remanded because: [________________________________]

II. PARTIES

A. Petitioner

Full Legal Name: [________________________________]

Entity Type: ☐ Individual ☐ Corporation ☐ LLC ☐ Partnership ☐ Other: [____]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

B. Respondent Agency

Agency Name: [________________________________]

Enabling Statute: [________________________________]

Principal Office Address: [________________________________]

City, State, ZIP: [________________________________]

III. JURISDICTION AND VENUE

3.1 Statutory Basis. This Court has jurisdiction under 29 Del. C. § 10142(a), which provides that any party against whom a case decision has been issued may appeal such decision to the Court.

3.2 The "Court" for purposes of the Delaware APA is the Superior Court of the State of Delaware. 29 Del. C. § 10102(2).

3.3 Venue. Venue is proper in [________________________________] County.

3.4 Governing Law. This Petition is governed by the Delaware Constitution and the Delaware Administrative Procedures Act, 29 Del. C. § 10101 et seq.

IV. TIMELINESS OF APPEAL

4.1 The Agency served its final Decision on Petitioner on [__/__/____].

4.2 Under 29 Del. C. § 10142(b), the petition for judicial review must be filed within thirty (30) days after the case decision is communicated to the petitioner.

4.3 This Petition is filed on [__/__/____], which is within the 30-day statutory period.

V. EXHAUSTION OF ADMINISTRATIVE REMEDIES

5.1 Petitioner participated fully in the underlying administrative proceeding, including:

☐ Filing a response to the Agency's notice or charges
☐ Attending the evidentiary hearing on [__/__/____]
☐ Presenting evidence and testimony
☐ Filing post-hearing briefs
☐ Raising all objections and legal arguments now asserted
☐ Other: [________________________________]

5.2 The Agency issued its final case decision on [__/__/____].

5.3 No further intra-agency review is available. All administrative remedies have been exhausted.

5.4 Service has been made on the Agency and on the Attorney General as required by 29 Del. C. § 10142(b).

VI. STATEMENT OF THE CASE

A. Background

6.1 [________________________________] (describe the regulatory matter and Agency authority)

6.2 On [__/__/____], the Agency [commenced proceedings / issued a notice / denied application]: [________________________________]

B. Administrative Proceedings

6.3 On [__/__/____], a hearing was conducted before [________________________________] (Hearing Officer / Board).

6.4 Key evidence and testimony presented:

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

C. The Final Decision

6.5 On [__/__/____], the Agency issued its final case decision finding: [________________________________]

6.6 The Decision imposed: [________________________________]

D. Prejudice to Petitioner

6.7 The Decision adversely affects Petitioner:

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

VII. STANDARD OF REVIEW

7.1 Under 29 Del. C. § 10142(d), the Court shall not substitute its judgment for that of the agency on questions of fact. The Court's review, in the absence of actual fraud, shall be limited to a determination of whether the agency's decision was supported by substantial evidence on the record before the agency.

7.2 Under 29 Del. C. § 10142(d), the Court shall reverse or remand the case to the agency if the Decision is:

1. ☐ In violation of constitutional provisions;
2. ☐ In excess of the statutory authority or jurisdiction of the agency;
3. ☐ Made upon unlawful procedure;
4. ☐ Affected by other error of law;
5. ☐ Unsupported by substantial evidence; or
6. ☐ Arbitrary or capricious.

7.3 Substantial Evidence Standard. Substantial evidence means "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Oceanport Industries, Inc. v. Wilmington Stevedores, Inc., 636 A.2d 892, 899 (Del. 1994).

7.4 De Novo Review of Legal Questions. The Court reviews questions of law de novo, including the interpretation of statutes and regulations. Public Water Supply Co. v. DiPasquale, 735 A.2d 378 (Del. 1999).

7.5 Record Review. The review is conducted without a jury on the basis of the agency record transmitted to the Court pursuant to 29 Del. C. § 10142(c).

VIII. CLAIMS FOR RELIEF

FIRST CAUSE OF ACTION: Decision Unsupported by Substantial Evidence (29 Del. C. § 10142(d))

8.1 The Agency's factual findings are not supported by substantial evidence on the record because: [________________________________]

SECOND CAUSE OF ACTION: Decision in Excess of Statutory Authority (29 Del. C. § 10142(d))

8.2 The Agency exceeded its statutory authority because: [________________________________]

THIRD CAUSE OF ACTION: Decision Affected by Error of Law (29 Del. C. § 10142(d))

8.3 The Decision is affected by error of law in that: [________________________________]

FOURTH CAUSE OF ACTION: Arbitrary or Capricious Action (29 Del. C. § 10142(d))

8.4 The Decision is arbitrary or capricious because: [________________________________]

FIFTH CAUSE OF ACTION: Unlawful Procedure (29 Del. C. § 10142(d))

8.5 The Agency failed to follow required procedures: [________________________________]

SIXTH CAUSE OF ACTION: Constitutional Violation (29 Del. C. § 10142(d))

8.6 The Decision violates the following constitutional provisions: [________________________________]

SEVENTH CAUSE OF ACTION: Declaratory Relief

8.7 Petitioner seeks a judicial declaration that the Decision is void and unenforceable.

IX. REQUEST FOR STAY OF AGENCY ACTION

9.1 Pursuant to 29 Del. C. § 10144, Petitioner requests that this Court stay enforcement of the Decision pending resolution of this appeal.

9.2 Under 29 Del. C. § 10144, the Court may stay the effectiveness of the case decision pending judicial review upon such conditions as the Court may require.

9.3 Grounds for stay:

☐ Petitioner is likely to prevail on the merits
☐ Petitioner will suffer irreparable harm absent a stay
☐ The stay will not harm other parties or the public interest
☐ The balance of equities favors a stay

9.4 Specific harm if Decision is enforced: [________________________________]

X. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

A. Reverse the Agency's Decision;

B. In the alternative, remand the case to the Agency with specific instructions;

C. Grant a stay of enforcement pending appeal pursuant to 29 Del. C. § 10144;

D. Issue a declaratory judgment that the Decision is null and void;

E. Award Petitioner costs and attorney fees as permitted by law;

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

XI. VERIFICATION

I, [________________________________], am the [________________________________] of Petitioner. I have read the foregoing Petition and the matters stated therein are true to the best of my knowledge, information, and belief.

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

___________________________________
[________________________________]
[Title]

XII. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
Attorneys for Petitioner

By: ___________________________________

[________________________________], Esq.
Delaware Bar No. [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Dated: [__/__/____]

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Petition for Judicial Review was served on:

Respondent Agency:
[________________________________]
[Address]
Method: ☐ Personal Service ☐ Certified Mail

Attorney General of Delaware:
Delaware Department of Justice
820 N. French Street
Wilmington, DE 19801
Method: ☐ Personal Service ☐ Certified Mail

Note: Under 29 Del. C. § 10142(b), the petitioner shall serve a copy of the petition upon the agency and upon the Attorney General.

___________________________________
[Attorney Name]

DELAWARE-SPECIFIC PROCEDURAL NOTES

• The petition must be filed within 30 days of communication of the final case decision. 29 Del. C. § 10142(b).
• Service on the Attorney General is required in addition to service on the agency. 29 Del. C. § 10142(b).
• The agency must transmit the complete record of the proceedings to the Court. 29 Del. C. § 10142(c).
• Review is conducted without a jury on the basis of the agency record. 29 Del. C. § 10142(d).
• The Court applies the substantial evidence standard to factual findings. 29 Del. C. § 10142(d).
• A stay of the agency decision may be granted under 29 Del. C. § 10144.
• Superior Court Civil Rule 72 governs the procedure for administrative appeals.

SOURCES AND REFERENCES

1. Delaware Administrative Procedures Act, 29 Del. C. § 10101 et seq.
2. 29 Del. C. § 10102(2) - Definition of "Court" (Superior Court)
3. 29 Del. C. § 10142 - Judicial review of case decisions (30-day filing; substantial evidence standard)
4. 29 Del. C. § 10142(b) - Filing and service requirements (agency + Attorney General)
5. 29 Del. C. § 10142(c) - Agency record transmission
6. 29 Del. C. § 10142(d) - Six grounds for reversal; no jury
7. 29 Del. C. § 10144 - Stay of agency action pending appeal
8. Superior Court Civil Rule 72 - Administrative appeals procedure
9. Oceanport Industries, Inc. v. Wilmington Stevedores, Inc., 636 A.2d 892 (Del. 1994) - Substantial evidence defined
10. Public Water Supply Co. v. DiPasquale, 735 A.2d 378 (Del. 1999) - De novo review of legal questions
11. Delaware Constitution, Art. I, § 7 - Due process

This template is designed for use in the State of Delaware under the Administrative Procedures Act, 29 Del. C. § 10142. The 30-day filing deadline is jurisdictional. Service on both the agency and the Attorney General is mandatory. This template should be customized and reviewed by a qualified Delaware attorney before filing. Laws and regulations may change; verify all citations before use.