Notice of Appeal / Petition for Judicial Review of Administrative Decision - Delaware

NOTICE OF APPEAL / 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.

NOTICE OF APPEAL / 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") files this Notice of Appeal and, to the extent the agency-specific statute or current court practice requires it, Petition for Judicial Review under 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(4).

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 notice of the Decision was mailed on [__/__/____]. Preserve the envelope, electronic docket notice, and any agency certificate showing the mailing date.

4.2 Under 29 Del. C. § 10142(b), the appeal must be filed within thirty (30) days of the day notice of the Decision was mailed.

4.3 This appeal 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 Under 29 Del. C. § 10145, the appeal is not considered taken until it is filed with the Prothonotary and served on the Agency in accordance with the Court's rules. Current Superior Court Civil Rule 72(c) also requires contemporaneous mailing to all parties to the appeal and the proceeding below and a filed certificate of mailing. Section 10142(b) does not create a general Attorney General service requirement; add the Attorney General only when a separate agency-specific statute, rule, order, or party status requires it.

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 Section 10142(d) states the substantial-evidence limit for factual review; it does not enumerate the following six generic reversal grounds. Counsel must identify current Delaware appellate authority, the agency's enabling act, and preserved record support before selecting any nonfactual ground:

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. Under 29 Del. C. § 10142(c), the appeal is on the record without a trial de novo. Current Superior Court Civil Rule 72(e) governs the citation and certified record from the body below.

VIII. CLAIMS FOR RELIEF

FIRST GROUND FOR REVIEW: 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 GROUND FOR REVIEW: Decision in Excess of Statutory Authority

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

THIRD GROUND FOR REVIEW: Decision Affected by Error of Law

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

FOURTH GROUND FOR REVIEW: Arbitrary or Capricious Action

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

FIFTH GROUND FOR REVIEW: Unlawful Procedure

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

SIXTH GROUND FOR REVIEW: Constitutional Violation

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

SEVENTH REQUEST: Other Relief Authorized by Specific Law

8.7 Petitioner seeks the following additional relief under [IDENTIFY AGENCY-SPECIFIC STATUTE / RULE / CASE]: [________________________________]

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 enforcement only after a preliminary hearing and findings that the issues and facts presented for review are substantial and that a stay is required to prevent irreparable harm.

9.3 Grounds for stay:

☐ The issues and facts presented for review are substantial
☐ Petitioner will suffer irreparable harm absent a stay
☐ The requested stay is required to prevent that irreparable harm
☐ A preliminary hearing is requested on [DATE / SCHEDULE REQUEST]

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. Grant any additional relief expressly authorized by [IDENTIFY AUTHORITY: ________________________________];

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 certify that on [__/__/____], a true and correct copy of this Notice of Appeal / Petition for Judicial Review was sent or served as follows:

Respondent Agency:
[________________________________]
[Address]
Method / authority: ☐ Mail under Rule 72(c) ☐ Other service required by [____________]

Other parties to the appeal and proceeding below:
[________________________________]
[Address / counsel]
Method: ☐ Mail under Rule 72(c) ☐ Other authorized method: [____________]

Attorney General, if separately required:
[IDENTIFY AUTHORITY AND RECIPIENT: ________________________________]

Note: Section 10145 requires service on the Agency in accordance with court rules. Rule 72(c) requires mailing to all parties to the appeal and proceeding below and a certificate of mailing. Do not add the Attorney General without a separate source requiring that service.

___________________________________
[Attorney Name]

DELAWARE-SPECIFIC PROCEDURAL NOTES

• The appeal must be filed within 30 days of the day notice of the final case decision was mailed. 29 Del. C. § 10142(b).
• Section 10145 requires filing with the Prothonotary and service on the Agency under current court rules; Rule 72(c) requires mailing to all parties below and a certificate of mailing. No generic Attorney General service rule appears in § 10142(b).
• Rule 72(e) governs the citation and certified record from the body below.
• Review is on the record without a trial de novo. 29 Del. C. § 10142(c).
• The Court applies the substantial evidence standard to factual findings. 29 Del. C. § 10142(d).
• A stay requires the preliminary hearing and substantial-issues-plus-irreparable-harm findings in 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(4) - 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 within 30 days after notice was mailed
5. 29 Del. C. § 10142(c) - On-record review without trial de novo
6. 29 Del. C. § 10142(d) - Substantial-evidence limit for factual review
7. 29 Del. C. § 10144 - Stay of agency action pending appeal
8. 29 Del. C. § 10145 and Superior Court Civil Rule 72 - commencement, notice of appeal, party mailing, and record 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 a Delaware APA appeal under 29 Del. C. § 10142. Calculate the 30-day period from the mailing date stated in subsection (b), use the current Rule 72 notice and mailing process, and check the agency-specific statute before filing. This template must be customized and reviewed by Delaware counsel.